Allocating Environmental Risk in Distressed Real Estate Transactions

Crafting Representations and Warranties, Indemnities and Insurance Provisions to Minimize Environmental Liability

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, August 2, 2011

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will outline best practices for attorneys to structure and negotiate representations and warranties, indemnities and insurance provisions that allocate environmental risks in purchase agreements for distressed commercial real estate.


Purchasers and sellers of financially distressed commercial real estate must consider the increased risk of environmental liabilities accompanying the property. Environmental risks may impact property value, hurt revenue-generating potential, and create direct liability for purchasers.

Counsel crafting real estate purchase agreements must carefully evaluate and allocate all environmental risks, known and as yet unknown, to minimize the likelihood of future liability. Representations and warranties, indemnities and insurance are critical tools for limiting exposure.

Listen as our authoritative panel of environmental law attorneys explains best practices for crafting and negotiating representations and warranties, indemnities and insurance provisions to manage and allocate environmental risks in purchase agreements for distressed commercial real estate.



  1. Environmental issues typically arising in distressed real estate transactions
  2. Allocating and minimizing environmental risks
    1. Representations and warranties
    2. Indemnity provisions
  3. Mitigating risk with environmental insurance


The panel will review these and other key questions:

  • What common environmental concerns should counsel anticipate when advising clients on the sale or purchase of financially distressed commercial real estate?
  • How can the purchaser and seller each minimize environmental risk when negotiating and drafting representations and warranties and indemnity provisions?
  • How is environmental insurance being used to manage risks not typically covered under traditional property and casualty policies?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Craig K. Pendergrast
Craig K. Pendergrast

Taylor English Duma

His practice includes a specialization in environmental law and commercial litigation. For more than 25 years, he has...  |  Read More

Kenneth F. Whittaker, Ph.D.
Kenneth F. Whittaker, Ph.D.

Gonzalez Saggio & Harlan

He has advised industrial and commercial clients on the limitation of environmental liabilities associated with...  |  Read More

Cindy J. Karlson
Cindy J. Karlson

Day Pitney

She focuses on environmental and land use law, and includes transactional work, administrative matters, and litigation....  |  Read More

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