Environmental Indemnification Provision EcoShelf was retained to advise on the various aspects of the interpretation and applicability of the environmental indemnification provision in the agreement for sale of the assets of a business. One of the "assets" of the business was a landfill listed on the Federal Superfund sites list several years before the sale. The agreement for sale provided for a 50:50 split of eventual remediation costs for the landfill if the buyer timely provided a notice of the good faith estimate for the remediation to the seller.

Although the buyer timely forwarded a purported notice and a cost estimate (ranging to in excess of $50 million) to the seller, a dispute eventually arose as to the adequacy of the notice and the underlying estimate, in addition to the estimating techniques used by the buyer's environmental engineering consultants.

We assisted counsel in reviewing the voluminous documentation, and in evaluating the key technical, economic and cost estimating issues presented by the record, including the standards for cost estimation applicable to environmental consultants. We also participated in identifying, interviewing and retaining the experts needed for testimony, and actively participated in the depositions of several fact witnesses and the various technical experts from both sides in the case.

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