Evolution in Fixed-Price Cleanups: Updated CCAs, ERTs, Financial Assurance Tools, Best Practices
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will explore the shifting legal and practical landscape for using cost cap alternatives (CCAs) to enable fixed-price cleanups (FPCs) in environmental remediation projects. The commercial cost cap insurance market offers RESCUE for large project finance, while CCAs and related offerings are now critical tools for developers, PRPs, municipalities, and other stakeholders who manage cleanup cost risk.
Outline
- Introduction: background, current environment
- CCAs
- Mechanics and structure of CCAs
- Parties to CCAs: owners, contractors, insurers, lenders
- Advantages and drawbacks
- FPC structures
- Fixed-price contract options
- Risk allocation strategies and mechanisms
- Lessons learned with prior FPCs
- ERT models
- Overview of ERTs
- Role of CCAs in ERT-based transactions
- Drafting considerations
- Innovations in financial assurance tools
- Captive insurance
- Parametric insurance
- RESCUE and other tools
- Risks and regulatory factors
- PFAS and emerging contaminants: drafting to manage
- Inflation, supply chain volatility, and contractor risk tolerance
- Environmental justice concerns and public perception
- Best practices for counsel
- Drafting elements
- Managing performance risk: security, indemnity, retainage
- Stakeholder engagement
Benefits
The panel will review these and other key issues:
- Structuring CCAs to support FPCs
- Fixed-price cleanup models, including ERT structures
- Newer financial tools, including captive and parametric insurance
- PFAS and other emerging contaminant exclusions in cleanup contracts
- Best practices in contract drafting, regulatory engagement, and performance risk mitigation
- Lessons from completed FCPs
Faculty
Daniele Cervino
Member
Beattie Padovano
Ms. Cervino is a Member in the firm's Environmental Law & Permitting practice. She represents clients in... | Read More
Ms. Cervino is a Member in the firm's Environmental Law & Permitting practice. She represents clients in connection with a variety of environmental regulatory and transaction issues. Ms. Cervino has represented private equity firms and developers in environmental due diligence and environmental aspects of transactions, risk mitigation and insurance coverage. She has counseled many companies on environmental compliance and cost recovery matters. Ms. Cervino has served as Senior Vice President and General Counsel for Environmental Waste Management Associates (Parsippany, New Jersey), an environmental consulting and remediation firm and its related companies. She has negotiated dozens of insured fixed price remediation contracts and environmental insurance policies and associated claims. Ms. Cervino was selected as one of New Jersey Real Estate Magazine’s “Women of Influence in Real Estate” in 2007.
Close
Gordon C. Duus
Partner
Mandelbaum Barrett
Mr. Duus’ practice includes handling the environmental aspects of the firm’s numerous real estate and... | Read More
Mr. Duus’ practice includes handling the environmental aspects of the firm’s numerous real estate and commercial transactions. This includes representing clients who are buying, selling, leasing and financing real estate, with an emphasis on managing the issues arising from properties contaminated by, or potentially contaminated by, hazardous substances. He also has extensive experience assisting clients who are involved in the purchase or sale of stock or assets, including mergers and acquisitions. Mr. Duus has assisted numerous clients with obtaining and negotiating environmental insurance, handling site cleanup, obtaining development permits, complying with environmental regulations, advising on alternative energy projects, and providing expert witness testimony.
CloseEarly Discount (through 08/29/25)
Cannot Attend September 25?
Early Discount (through 08/29/25)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.
