OUT OF THE ORDINARY INSURANCE

ENVIRONMENTAL INSURANCE FOR BROWNFIELD REDEVELOPMENT

BROWNFIELD REDEVELOPMENT CAN CREATE MASSIVE OPPORTUNITY — BUT ALSO A LEVEL OF ENVIRONMENTAL RISK THAT MOST ORDINARY PROPERTIES NEVER SEE. THIS PAGE IS FOR DEVELOPERS, OWNERS, INVESTORS, AND PROJECT TEAMS WORKING THROUGH ENVIRONMENTAL RISK ON BROWNFIELD AND COMPLEX REDEVELOPMENT SITES.

RISK EXPOSURE PROFILE
CLEANUP COSTS
UNKNOWN CONDITIONS
TIMELINE DISRUPTION
THIRD-PARTY LIABILITY
REGULATORY SCRUTINY
RELATIVE TO STANDARD COMMERCIAL PROPERTY
THIS PAGE IS FOR

DEVELOPERS, REDEVELOPMENT FIRMS, REAL ESTATE INVESTORS, PROPERTY OWNERS WITH CONTAMINATED SITES, PROJECT TEAMS REPOSITIONING FORMER INDUSTRIAL PROPERTY, BROWNFIELD BUYERS AND OPERATORS, AND PARTIES TRYING TO CLOSE COMPLEX ENVIRONMENTAL DEALS.

THE CORE REALITY

ON BROWNFIELD SITES, ENVIRONMENTAL CONDITIONS MAY BE PART OF THE ENTIRE INVESTMENT THESIS — NOT A SIDE PROBLEM. THE REDEVELOPMENT OPPORTUNITY MAY BE GREAT. THE ENVIRONMENTAL RISK IS STILL REAL. AND THESE SITES REQUIRE A MUCH MORE INTENTIONAL APPROACH.

WHAT'S AT STAKE

ENVIRONMENTAL INSURANCE HERE IS NOT JUST ABOUT A POLICY. IT IS ABOUT PROTECTING THE CAPITAL STACK, PROJECT FEASIBILITY, AND LONGER-TERM VALUE OF THE DEAL. A PROJECT CAN LOOK ATTRACTIVE UNTIL ENVIRONMENTAL CONDITIONS WORSEN THE BUDGET OR SLOW THE TIMELINE.

WHY IT'S DIFFERENT

BROWNFIELD SITES REQUIRE A DIFFERENT LEVEL OF ENVIRONMENTAL THINKING

ON MANY PROPERTIES, ENVIRONMENTAL ISSUES ARE A SIDE PROBLEM. ON BROWNFIELD SITES, THE QUESTIONS ARE BIGGER — AND THE ECONOMICS OF THE ENTIRE PROJECT CAN HINGE ON THE ANSWERS.

THE QUESTIONS THAT DEFINE EVERY BROWNFIELD DEAL:
HOW MUCH CONTAMINATION IS REALLY THERE
HOW MUCH CLEANUP WILL ACTUALLY BE REQUIRED
WHAT HAPPENS IF CONDITIONS ARE WORSE THAN EXPECTED
HOW MUCH RISK CAN THE PROJECT ABSORB
WHAT HAPPENS IF DEVELOPMENT DISTURBS THE CONDITIONS
HOW WILL LENDERS, PARTNERS, OR FUTURE BUYERS VIEW THE RISK
WHETHER THE DEAL STILL MAKES ECONOMIC SENSE IF COSTS ESCALATE
COMMON RISK ISSUES

BROWNFIELD REDEVELOPMENT RISK ISSUES THAT MATTER

BROWNFIELD RISK IS NOT A SINGLE ISSUE. IT IS TYPICALLY A CLUSTER OF INTERCONNECTED PROBLEMS THAT CAN COMPOUND EACH OTHER AS THE PROJECT PROGRESSES.

HIGH IMPACT

KNOWN CONTAMINATION

CONDITIONS THAT ARE DOCUMENTED BUT NOT FULLY REMEDIATED CREATE BASELINE LIABILITY THAT HAS TO BE ADDRESSED IN THE DEAL STRUCTURE.

HIGH IMPACT

UNKNOWN CONDITIONS

WHAT EMERGES DURING EXCAVATION, GRADING, OR CONSTRUCTION CAN BE MORE SIGNIFICANT THAN WHAT THE PHASE II ANTICIPATED.

HIGH IMPACT

CLEANUP COST OVERRUNS

REMEDIATION ESTIMATES ARE OFTEN INCOMPLETE. WHEN ACTUAL CONDITIONS EXCEED WHAT WAS PROJECTED, THE CAPITAL STACK FEELS IT IMMEDIATELY.

SIGNIFICANT

SOIL & GROUNDWATER ISSUES

SUBSURFACE CONDITIONS CAN SPREAD, MIGRATE, OR AFFECT NEIGHBORING PROPERTIES — CREATING LIABILITY THAT EXTENDS WELL BEYOND THE SITE BOUNDARY.

SIGNIFICANT

REGULATORY SCRUTINY

AGENCIES CAN REQUIRE ADDITIONAL TESTING, IMPOSE NEW CLEANUP STANDARDS, OR CHANGE REQUIREMENTS MID-PROJECT IN WAYS THE ORIGINAL PLAN DIDN'T ACCOUNT FOR.

SIGNIFICANT

TIMELINE DISRUPTION

ENVIRONMENTAL FINDINGS CAN DELAY OR HALT A PROJECT AT ALMOST ANY PHASE — FROM PREDEVELOPMENT THROUGH CONSTRUCTION COMPLETION AND BEYOND.

ONGOING

THIRD-PARTY CLAIMS

NEIGHBORING PROPERTY OWNERS, TENANTS, OR SURROUNDING COMMUNITIES MAY ASSERT CLAIMS IF CONDITIONS MIGRATE OR IF THE REDEVELOPMENT DISTURBS EXISTING CONTAMINATION.

ONGOING

FUEL & CHEMICAL HISTORY

FORMER INDUSTRIAL SITES WITH FUEL STORAGE, CHEMICAL USE, OR UST HISTORY CREATE A SPECIFIC SET OF KNOWN RISK CATEGORIES THAT REQUIRE DIRECT ATTENTION.

ONGOING

LAND VALUE & USABILITY

UNRESOLVED ENVIRONMENTAL LIABILITY AFFECTS THE PROPERTY'S VALUE, FUTURE FINANCING, EXIT STRATEGY, AND ABILITY TO BE REPURPOSED OR RESOLD AS INTENDED.

WHEN BUYERS TAKE THIS SERIOUSLY

TRIGGER POINTS THAT CHANGE THE ENVIRONMENTAL INSURANCE CONVERSATION

01

DUE DILIGENCE REVEALS CONTAMINATION THAT WAS NOT FULLY ANTICIPATED OR PRICED INTO THE DEAL.

02

LENDERS START ASKING HARDER QUESTIONS AND THE ENVIRONMENTAL POSITION NEEDS TO BE STRONGER.

03

CLEANUP COST ESTIMATES FEEL TOO TIGHT — AND THE MARGIN FOR COST ESCALATION IS THIN.

04

PROJECT PARTNERS OR EQUITY SOURCES WANT STRONGER RISK TRANSFER BEFORE COMMITTING.

05

THE SITE HISTORY IS WORSE THAN ORIGINALLY EXPECTED AND THE DEAL NEEDS TO BE RESTRUCTURED AROUND IT.

06

DEVELOPMENT WILL DISTURB KNOWN OR SUSPECTED CONDITIONS AND THE RISK OF MAKING THINGS WORSE IS REAL.

07

A FUTURE EXIT STRATEGY — REFINANCING, SALE, OR REPOSITIONING — DEPENDS ON A CLEANER RISK PROFILE.

THE RISK IS OFTEN PARTIALLY KNOWN BUT NOT FULLY KNOWN. THE HARD PART IS NOT JUST INSURING A KNOWN ISSUE — IT IS STRUCTURING THE INSURANCE CONVERSATION AROUND WHAT COULD STILL CHANGE.
WHY INSURANCE MATTERS HERE

PROTECTING THE PROJECT, NOT JUST THE POLICY

BROWNFIELD PROJECTS ARE OFTEN BUILT ON A CAREFUL BALANCE OF UPSIDE AND RISK. ENVIRONMENTAL INSURANCE IN THIS SPACE IS NOT JUST ABOUT A POLICY — IT IS ABOUT PROTECTING WHAT MAKES THE DEAL VIABLE.

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THE CAPITAL STACK

CLEANUP COST OVERRUNS AND UNEXPECTED LIABILITY CAN DESTROY PROJECT RETURNS. INSURANCE HELPS PROTECT THE EQUITY AND DEBT STRUCTURE FROM ENVIRONMENTAL SURPRISES.

PROJECT FEASIBILITY

A PROJECT THAT IS TECHNICALLY VIABLE CAN BECOME ECONOMICALLY INFEASIBLE IF ENVIRONMENTAL CONDITIONS WORSEN BEYOND WHAT THE BUDGET CAN ABSORB. INSURANCE HELPS HOLD THE LINE.

LONG-TERM ASSET VALUE

UNRESOLVED ENVIRONMENTAL LIABILITY FOLLOWS THE PROPERTY. MANAGING IT CORRECTLY PROTECTS THE LONG-TERM VALUE, FUTURE FINANCING, AND EXIT OPTIONS OF THE ASSET.

LENDER & PARTNER CONFIDENCE

LENDERS AND EQUITY PARTNERS REACT TO ENVIRONMENTAL RISK. A STRONGER RISK TRANSFER POSITION WITH INSURANCE BEHIND IT CAN BE THE DIFFERENCE BETWEEN A DEAL THAT CLOSES AND ONE THAT DOES NOT.

FAQS

COMMON QUESTIONS ABOUT BROWNFIELD REDEVELOPMENT ENVIRONMENTAL INSURANCE

WHAT IS BROWNFIELD REDEVELOPMENT ENVIRONMENTAL INSURANCE?
IT IS ENVIRONMENTAL INSURANCE USED TO HELP MANAGE THE RISK ASSOCIATED WITH REDEVELOPING A SITE WITH KNOWN OR SUSPECTED CONTAMINATION. THE GOAL IS TO PROTECT THE PROJECT'S ECONOMICS, TIMELINE, AND CAPITAL STRUCTURE FROM ENVIRONMENTAL SURPRISES THAT COULD OTHERWISE MAKE THE DEAL UNWORKABLE.
WHY IS BROWNFIELD REDEVELOPMENT DIFFERENT FROM A NORMAL PROPERTY DEAL?
BECAUSE THE ENVIRONMENTAL CONDITIONS MAY BE CENTRAL TO THE DEAL — NOT JUST A SMALL SIDE ISSUE. THE QUESTIONS ARE BIGGER, THE UNKNOWNS ARE LARGER, AND THE CONSEQUENCES OF GETTING IT WRONG ARE MORE SEVERE THAN ON A STANDARD COMMERCIAL PROPERTY.
DO BROWNFIELD PROJECTS ALWAYS HAVE KNOWN CONTAMINATION?
NOT ALWAYS. SOMETIMES THE KNOWN CONDITIONS ARE ONLY PART OF THE STORY, AND UNKNOWN CONDITIONS ARE A MAJOR PART OF THE RISK. THAT IS OFTEN THE MOST DIFFICULT PART — INSURING AGAINST WHAT MIGHT STILL BE DISCOVERED, NOT JUST WHAT IS ALREADY DOCUMENTED.
WHY DOES INSURANCE MATTER SO MUCH ON BROWNFIELD PROJECTS?
BECAUSE CLEANUP COSTS, DELAYS, AND LIABILITY CAN DESTROY THE ECONOMICS OF THE PROJECT IF THEY ARE NOT MANAGED WELL. THE MARGIN FOR ERROR ON A COMPLEX REDEVELOPMENT IS OFTEN THIN — AND ENVIRONMENTAL INSURANCE IS PART OF HOW THAT MARGIN GETS PROTECTED.
WHO SHOULD REVIEW THIS TYPE OF COVERAGE?
DEVELOPERS, INVESTORS, OWNERS, LENDERS, AND PROJECT TEAMS WORKING ON COMPLEX REDEVELOPMENT SITES. ALSO DEAL ADVISORS AND TRANSACTION TEAMS WHERE THE SITE HISTORY IS A MEANINGFUL FACTOR IN HOW THE DEAL IS STRUCTURED.
CONTACT KELLY INSURANCE GROUP

REQUEST HELP WITH BROWNFIELD REDEVELOPMENT ENVIRONMENTAL INSURANCE

USE THE FORM BELOW IF YOU WANT TO DISCUSS A BROWNFIELD PROJECT, A SITE WITH KNOWN OR SUSPECTED CONTAMINATION, CLEANUP COST UNCERTAINTY, OR HOW ENVIRONMENTAL INSURANCE CAN FIT INTO YOUR REDEVELOPMENT DEAL STRUCTURE. IF YOU WOULD RATHER TALK IMMEDIATELY, CALL / TEXT (412) 212-2800.