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Environmental Pitfalls Guillermo Accame Director of Risk Management, Panattoni Development Company, Inc. Richard Sheldon Environmental Practice Leader, Willis

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Environmental PitfallsGuillermo Accame

Director of Risk Management, Panattoni Development Company, Inc.

Richard SheldonEnvironmental Practice Leader, Willis

Values plummeted 20-40%

Projects were leveraged 90%+

Loans upside down

Banks called in equity

Major bankruptcies declared

The 2008 Crash was Epic

Too big to fail…

Some retraction by “veteran markets”

Shifting of U/W talent pool

More open dialogue about claims development

New markets and capital enter at the fastest pace ever

The 2008 Crash was Epic?

THE DARK AGES 2009 - 2010

Valuations upside down

Manage debt or fail

Reduce overhead

Raise capital

2009 - 2010 The Dark Ages

New market entrants attempt to differentiate

Next wave of pricing wars

Lack of depth in experienced decision-makers

Claims development and reserve strengthening

2009 - 2010 The Not So Bright Ages

Value add acquisitions and BTS

No spec development

Hard to get debt

Institutional equity only

2011 – 2012 Conservative Deals

Coverage enhancements dependent on risk

Term and class limitations

Still competitive environment for some classes

Cost cap is dead, or is it?

2011 – 2012 (Sort of) Conservative Deals

Spec development

55-65% Construction debt

Institutional and private equity

Shorter due diligence times

2013 – 2014 Are the Go Go Days Back?

2013 – 2014 Are the Go Go Days Back?Insurer appetites better defined

Continued refinement of product offerings

M&A/Transactional business on the increase

Claims still developing, but also getting paid

WHAT HAPPENED TO ENVIRONMENTAL?

Investors and Lenders

Became Extremely Sensitive to Risk

Due Diligence

More Phase II investigations Detailed quantification of risk Time a major risk factor Vapor encroachment

HOW DO WE PROTECT OURSELVES?

What does Remediation Cost?

Soil Generally $100/cubic yard Usually under $1M Months

Groundwater Usually over $1M Years

90% of remediation costs <$2M

Uncovering Buried Surprises

Separators and Sumps

Oily Pipes

Solid Waste Landfill

Polychlorinated Biphenyl’s in Concrete…

Superfund Site Next Door

Phantom Groundwater Plume

Offsite Vapor Encroachment Conditions

No matter how hard you try…

“It’s not easy being green”