BarbriSFCourseDetails

Course Details

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.

Faculty

Description

The panel will discuss how CCAs work today, their role in environmental risk transfer (ERT) frameworks, and growing newer financial products like captive insurance and parametric triggers. The experts will also explore emerging complexities such as handling PFAS, contractor pricing risk during inflationary times, and changing regulatory requirements.

Listen as our expert panel navigates using CCAs and fixed-price remediation structures, including new tools and best practices for managing environmental, legal, and financial risks.

Outline

I. Introduction: background, current environment

II. CCAs

A. Mechanics and structure of CCAs

B Parties to CCAs: owners, contractors, insurers, lenders

C. Advantages and drawbacks

III. FPC structures

A. Fixed-price contract options

B. Risk allocation strategies and mechanisms

C. Lessons learned with prior FPCs

IV. ERT models

A. Overview of ERTs

B. Role of CCAs in ERT-based transactions

C. Drafting considerations

V. Innovations in financial assurance tools

A. Captive insurance

B. Parametric insurance

C. RESCUE and other tools

VI. Risks and regulatory factors

A. PFAS and emerging contaminants: drafting to manage

B. Inflation, supply chain volatility, and contractor risk tolerance

C. Environmental justice concerns and public perception

VII. Best practices for counsel

A. Drafting elements

B. Managing performance risk: security, indemnity, retainage

C. 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