• videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Environmental
  • 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:

CLE
ALL
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About the Course

Introduction

This CLE webinar will explore the shifting legal and practical landscape for using cost cap alternatives (CCAs) to enable fixed-price cleanups (FPCs) in environmental remediation projects. The commercial cost cap insurance market offers RESCUE for large project finance, while CCAs and related offerings are now critical tools for developers, PRPs, municipalities, and other stakeholders who manage cleanup cost risk.

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

Attorneying Annie Dc, CPS, DR
Partner
Davis Brown Law Firm - Des Moines

Bio for Annie Attorney; loves horses and arguments

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Big Boat
Firm Manager
The Mogy Law Firm - Memphis

This is a bio for Big Boat. Big Boat is an avid reader and unicyclist.

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Roller S. Coaster MD, CPA, MST, DR
Fun Times
Lee's Test Firm

This is a bio for speaker, Roller Coaster. Roller Coaster enjoys walks on the beach and pizza with pineapple.

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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