The Phase I ESA Liability Gap
Environmental consultants performing Phase I ESAs sometimes fail to identify contamination risks or don't follow ASTM E1527 and All Appropriate Inquiry standards. When missed contamination surfaces after property transfer, the consultant faces professional liability claims for the full cost of unexpected cleanup, legal defense, and transaction unwinding.
Successful firms implement peer review on every Phase I report, maintain detailed photographic documentation, purchase robust professional liability insurance with pollution coverage, and use standardized checklists that map to every ASTM E1527 requirement to create defensible audit trails.