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  • videocam On-Demand
  • signal_cellular_alt Intermediate
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  • schedule 90 minutes

Evolution in Fixed-Price Cleanups: Updated CCAs, ERTs, Financial Assurance Tools, Best Practices

$297.00

This course is $0 with these passes:

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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.

Presented By

Daniele Cervino
Member
Beattie Padovano LLC

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.

Gordon C. Duus
Partner
Mandelbaum Barrett, PC

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.

Howard Tollin
President
Parent: Sterling Environmental & Professional Services

Mr. Tollin is President of Sterling Risk Environmental and Professional Services. He consults with clients, and lawyers for clients, on unique risk management and insurance solutions to address manufacturing and distribution, real estate, gas station, corporate mergers and acquisitions and other business concerns, often which include environmental and professional exposures. Mr. Tollin also coordinates risk management and insurance for architects, engineers, environmental consultants, construction companies, project owners and developers.  

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, September 25, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

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

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