Environmental questions can be daunting; they don’t have to be debilitating.
Many construction projects involve environmental issues that can be expensive and challenging to deal with. Some buildings contain contaminants like asbestos, lead, chemicals, or other regulated substances that require specific remediation using controlled techniques. It is also common to encounter environmental contamination in the ground or ground water of a project, which may require engagement with state or federal regulatory authorities, investigation of available insurance to help solve the problem, or consideration of legal action to compel potentially liable third parties to contribute to remediation efforts.
The construction attorneys at Montgomery Purdue have the experience to help our builder, developer, and owner clients navigate successfully through environmental issues.
From simple issues
like decommissioning old underground storage tanks
To complex issues
like obtaining a No Further Action letter from the Department of Ecology allowing redevelopment
Representative Work
- Investigated records to locate evidence of historical insurance coverage to fund remediation of an industrial site requiring controlled demolition, contaminated soil removal, and ground water treatment in furtherance of obtaining a No Further Action Letter
- Obtained insurance coverage for the owner of an industrial site to fund defense against third parties seeking payment, assert claims against liable parties, and fund interim remediation efforts to allow redevelopment and the eventual issuance of a No Further Action letter
- Compelled a commercial tenant to pay full remediation costs for chemical contamination of a light industrial warehouse and office building
- Resolved contribution claim by a Washington municipality against a property owner for remediation of an old gas station site being redeveloped
- Managed environmental consultants and regulatory processes for a redevelopment project requiring remediation of contamination through the Department of Ecology’s Voluntary Cleanup Program
- Obtained a judgment for the full value of a remediation against a tenant for contamination caused during the operation of a dry cleaning business, which allowed commercial property owner to clean up their property
- Successfully resolved multiple claims arising under Washington’s Model Toxics Control Act, representing a potentially liable party in defending against a contribution claim and in prosecuting its own contribution claim against another potentially liable party to fund a remediation
- Managed environmental claims against multiple oil companies and a Washington municipality in order to fund remediation of ground and ground water contamination from former gas stations and storage tanks to facilitate construction of a full-block mixed use project
- Assisted commercial property owner with investigating and confirming historical decommissioning of underground storage tanks
Client Testimonials
“The environmental and construction attorneys at Montgomery Purdue have assisted our company with multiple matters over many years. Their knowledge of environmental law and regulatory processes were instrumental to the completion of one of our large development projects with complex contamination issues. We appreciate their personal approach, dedication to our success, and broad areas of expertise.”
“Montgomery Purdue assisted us through a challenging condemnation of commercial property owned by our company that had been impacted by environmental contamination from historic underground gas tanks. The attorneys were very knowledgeable and were able to help us obtain insurance coverage and to navigate the process of an environmental contribution claim. They stuck with us through many challenges, and their advice and work was instrumental in helping us resolve the dispute.”
Contact a Construction Environmental Law Attorney
Ben VandenBerghe is a commercial and general civil litigator with experience in state and federal trial and appellate courts, arbitrations, and mediations. Ben has a results-oriented, practical approach to litigation and dispute resolution. Ben represents clients ranging from Fortune 100 multinational companies to individuals and small business owners. Ben’s core practice is the representation of small and medium sized businesses dealing with contract, construction, employment, insurance coverage, regulatory, leasing, real estate, and creditor-debtor disputes. Ben also handles environmental compliance and disputes, and all manner of related litigation.
