Fixed-Price Cleanups: Using Captives and Other Cost Cap Alternatives

Lessons From Accomplished FPCs, When and Why to Use CCAs, and the Mechanics of Using a CCA

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


Conducted on Tuesday, January 11, 2022

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will review the legal mechanics and technical prerequisites of entering fixed-price cleanups (FPCs) in the wake of Commercial Insurers' 2011 exit from the cost cap insurance market. It is designed for counsel for property owners and prospective owners (including brownfield developers), remediation contractors, cost recovery litigators, PRP groups, governments, and bankruptcy debtors and creditors, all of whom share an interest in quantifying cleanup costs in a manner that is accurate, efficient, and will hold over time. The panel will examine the use of cost cap alternatives (CCAs) using FPCs and other insurance products approved and used to support FPCs since the 2011 demise of the commercial cost cap market.

Description

Environmental cleanups come with many risks, including the risks of cost overruns and other exposures. Until 2011, the majority of FPCs relied on cost cap insurance. When cost cap coverage dried up in 2011, a CCA was invented out of necessity. It has successfully met even the most rigorous forms of review and it carries many advantages over traditional cost caps insurance products.

Counsel should understand the advantages and disadvantages of using CCAs and when to reduce cleanup cost uncertainties (and, typically, also cleanup costs) that may create a hurdle to reaching an agreement regarding the property or transaction involved.

Listen as our authoritative panel examines the use of CCAs to support FPCs, including when and why to use CCAs. The panel will also discuss the mechanics of CCAs and lessons learned from FPCs, as well as offer guidance for using CCAs in FPCs.

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Outline

  1. Use of CCAs to support FPCs
    1. Why use
    2. When to use
    3. How to use
    4. Advantages and disadvantages
  2. Mechanics of CCAs
  3. Lessons learned from completed FPCs
  4. Guidance for using CCAs in FPCs

Benefits

The panel will review these and other key issues:

  • What are the lessons from completed FCPs?
  • What are the challenges and pitfalls of using CCAs in FPCs?
  • What are best practices for leveraging CCAs in FPCs?

Faculty

Cantor, Daniel
Daniel A. Cantor

Partner
Arnold & Porter Kaye Scholer

Mr. Cantor has combined his dual training and experience as an environmental lawyer and a litigator into a broad-based...  |  Read More

Cervino, Daniele
Daniele Cervino

Member
Beattie Padovano

Ms. Cervino represents her clients in a variety of environmental regulatory and transaction issues. She has represented...  |  Read More

Duus, Gordon
Gordon C. Duus

Partner; Co-chair of the Environmental Law Practice Group
Mandelbaum Salsburg

Mr. Duus’ practice includes handling the environmental aspects of the firm’s numerous real estate and...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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