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GBA CASE HISTORY # 45

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Description
Member-Firm conducts Environmental Site Assessment for a real estate developer. When laboratory tests indicated unacceptable levels of a contaminant, the prospective purchaser reneged and demanded a return of its deposit. After getting a second ESA report from another lab, the member -firm realized the initial lab did not record the results correctly, and the contamination levels were not as severe. Both the developer and prospective purchaser then sued the environmental consultant.
 
analytical laboratory, commercial developer, contracts, environmental site, ESAs, go/no-go analysis, holiday distractions,  limitation , Phase-1 ESA,  preacquisition assessments,  professional-liability insurance,  third-par,  oral agreements, mediation,