Third party liability protection. Liabilities for cleanup and removal costs and direct and indirect damages. Third-Party Liability Protection. The liability protection that the Act offers was an integral part of the decision to acquire the Elizabeth Brownfield property. It was important to the developer that the Act expanded the innocent purchaser defense from the one previously afforded under existing statutes.
Protection remains even if additional contamination is discovered, or if technical standards change.
It was determined that since the developers acquired the property after the discharge of hazardous substances occurred, they would be covered by the expanded innocent purchaser defense set forth under the Act. This was a key factor in determining whether to proceed with acquisition of the property. The time to develop a positive cash flow is critical to all development projects. Committing to the MOA before purchasing the property affords the purchaser the maximum liability protection under the innocent purchaser s provision of the Brownfield and Contaminated Site Remediation Act. Site Investigations, and their more targeted follow-up studies, Remedial Investigations, include the collection of samples collected from soil, ground water, surface water, and building surfaces, and from specific areas of concern including asbestos, PCB transformers, and underground tanks.