| (November 10, 2007. Manchester, NH.) - Sheehan Phinney Attorney John Perten, has successfully defended an environmental consultant in a case brought by an abutter of one of its clients. The complaint alleged that the consultant failed to assess the condition of the abutting property and failed to warn the abutter of the likely migration of contaminants. The consultant defended this claim by arguing, among other defenses, that it owed no duty of care to the abutter.
Our client, an environmental consulting firm, performed analysis, issued reports and prepared filings with the Department of Environmental Protection ("DEP") on behalf of a company which owned property contaminated with gasoline and related solvents. Five years after completing its work, the plaintiff learned that his property too was contaminated, and that some of the contaminants had allegedly migrated from the abutting property on which the consultant had performed its analysis.
Although the consultant had never been hired by the plaintiff to provide any analysis as to his property, plaintiff alleged that it should have unilaterally extended its analysis onto his property and affirmatively warned him that the contaminants it found could migrate onto his land. Had the consultant done so, according to plaintiff, he could have taken the necessary steps to prevent further contamination of his property. Accordingly, plaintiff claimed that the consultant should be liable for exacerbation of the contamination to his property.
On a motion for summary judgment, Perten convinced the Massachusetts Superior Court of Norfolk County to dismiss all claims against the consultant based on the fact that it had no contract or obligation to investigate the abutter's property. Additionally, Perten convinced that Court that even if the consultant's reports were inaccurate, which it denied, they did not constitute an actionable misrepresentation to the plaintiff because he did not rely upon those reports nor even know that they existed. Perten further argued that holding an environmental consultant liable to non-client abutters, for work performed years earlier, would result in potential liability to an unlimited class of plaintiffs, which went beyond the limits of what was reasonable under applicable law.
Perten has a complex business litigation and transactional practice. He provides representation to clients in a wide variety of settings including construction projects, business transactions, real estate ventures and environmental remediation projects. He works closely with clients to minimize risk and avoid litigation through effective contract negotiation and selection of appropriate business structures. John is an adjunct faculty member at Babson College in Wellesley, Mass., where he teaches a course entitled "Business Law." He also served as Town Counsel for the Town of Maynard, Mass. and serves as Special Town Counsel for the Town of Wayland, Mass.
Sheehan Phinney Bass + Green is a regional business law firm with offices in Manchester, Concord and Lebanon, NH, and in Boston, MA. The firm provides a broad range of sophisticated legal services to businesses and institutions in traditional and emerging areas of the law. Its diverse client base includes local and regional organizations, as well as national and international businesses with interests in the Northeast. |
