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Archives / 2010 / April

AB 1103- Energy Disclosure Law Update

California is requiring Energy Disclosure via Assembly Bill 1103 (AB 1103) starting in 2011.   The California Energy Commission recently published the AB 1103 implementation schedule. Real Estate owners are actively beginning to do energy audits and energy benchmarking to prepare for the implementation of this law in 8 months. Building owners must disclose their building’s energy rating when: ... Read More »

Probable Maximum Loss Reports (4 Comments)

Entry by JoeDerhake Entry As an engineer that has been providing lenders Probable Maximum Loss (PML) reports for the past 15 years, I was hopeful that the two new ASTM Standards published in 2007 would standardize the practice of PMLs.    However, the ASTM Standards are overly flexible and have not resulted in sufficient uniformity.   For a real estate financing transactio... Read More »

Probable Maximum Loss Reports (3 Comments)

Entry by JoeDerhake Entry As an engineer that has been providing lenders Probable Maximum Loss (PML) reports for the past 15 years, I was hopeful that the two new ASTM Standards published in 2007 would standardize the practice of PMLs.    However, the ASTM Standards are overly flexible and have not resulted in sufficient uniformity.   For a real estate financing transactio... Read More »

TO SUE OR NOT TO SUE – LITIGATION PREVENTION COUNSELING

When faced with a trouble tenant or other adversary, many commercial landlords and property owners are inclined to rush to court to litigate the matter.  Often, this is the best solution.  However, sometimes it is not. Certain actions, such as Unlawful Detainer actions, are on a fast track in the court system, which allows for expedited (1) rulings by the court, (2) possession of the premises by... Read More »

TCE by Another Name would Smell as Putrid

Entry by JoeDerhake Entry When doing a Phase I ESA, we all know that significant on site use of TCE, PCE, or vinyl chloride amount to a recognized environmental condition. But will we recognize these chemicals if they are called by an obscure brand name? For example, Petzinol is a branded solvent that contains a lot of TCE and this may slip by a field inspector. Beware of the following common name... Read More »

SBA Reports

Entry by: Gary Reynolds So what report do you need for your 504 or 7a loan?  This depends on the current and past businesses that occupied your property.  SBA has created a NAICS codes list of “Environmentally Sensitive Industries”.  The type and depth of an environmental investigation to be performed varies with the risks of contamination.  The higher the risk for contamination, the more ... Read More »

Radon-An Invisible Killer

Entry by: Sue Krobthong, NEHA, NRPP Naturally occurring and chemically inert…although radon can come from man-made situations like landfills or use of radium-containing building materials, the vast majority is NATURALLY occurring and can be found in one thing that can been found everywhere from the breakdown of uranium (the same element used to make nuclear bombs) decomposition of the earth’s ... Read More »