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adjacent sites. Recognize, too, that even some conditions in tested
<br />areas may go undiscovered, because the tests or analytical methods
<br />used were designed to detect only those conditions assumed to exist.
<br />Manage your risks by retaining your geoenvironmental professional
<br />to work with you as the project proceeds. Establish a contingency
<br />fund or other means to enable your geoenvironmental professional to
<br />respond rapidly, in order to limit the impact of unforeseen conditions.
<br />And to help prevent any misunderstanding, identify those empowered
<br />to authorize changes and the administrative procedures that should
<br />be followed.
<br />Be Not Panic Any Ittiter Parry To Rery on the Report
<br />Geoenvironmental professionals design their studies and prepare
<br />their reports to meet the specific needs of the clients who retain them,
<br />in light of the risk management methods that the client and geoenvi-
<br />ronmental professional agree to, and the statutory, regulatory, or other
<br />requirements that apply. The study designed for a developer may dif-
<br />fer sharply from one designed for a lender, insurer, public agency ... of
<br />even another developer. Unless the report specifically states other-
<br />wise, it was developed for you and only you. Do not unilaterally per-
<br />mit any other parry to rely on it. The report and the study underlying it
<br />may not be adequate for another party's needs, and you could be held
<br />liable for shortcomings your geoenvironmental professional was pow-
<br />erless to prevent or anticipate. Inform your geoenvironmental profes-
<br />sional when you know or expect that someone else --a third-party—
<br />will want to use or rely on the report. Do not permit third -party use or
<br />reliance until you first confer with the geoenvironmental professional
<br />who prepared the report. Additional testing, analysis, or study may be
<br />required and, in any event, appropriate terms and conditions should
<br />be agreed to so both you and your geoenvironmental professional are
<br />protected from third -party risks. Any party who relies on a geoenvi-
<br />ronmental report without the express written permission of the pro-
<br />fessional who prepared it and the client for whom it was prepared
<br />may be solely liable for any problems that arise.
<br />Avoid Misinterpretation of the Oil
<br />Design professionals and other parties may want to rely on the report
<br />in developing plans and specifications. They need to be advised, in
<br />writing, that their needs may not have been considered when the
<br />study's scope was developed, and, even if their needs were consid-
<br />ered, they might misinterpret geoenvironmental findings, conclu-
<br />sions, and recommendations. Commission your geoenvironmental
<br />professional to explain pertinent elements of the report to others who
<br />are permitted to rely on it, and to review any plans, specifications or
<br />other instruments of professional service that incorporate any of the
<br />report's findings, conclusions, or recommendations. Your geoenviron-
<br />mental professional has the best understanding of the issues
<br />involved, including the fundamental assumptions that underpinned
<br />the study's scope.
<br />Give Contractors Access to the Report
<br />Reduce the risk of delays, claims, and disputes by giving contractors
<br />access to the full report, providing that itis accompanied by a letter
<br />of transmittal that can protectyou by making it unquestionably clear
<br />that: l) the study was not conducted and the report was not prepared
<br />for purposes of bid development, and 2) the findings, conclusions,
<br />and recommendations included in the report are based on a variety of
<br />opinions, inferences, and assumptions and are subject to interpreta-
<br />tion. Use the letter to also advise contractors to consult with your
<br />geoenvironmental professional to obtain clarifications, interpretations,
<br />and guidance (a fee may be required for this service), and that—in
<br />any event—they should conduct additional studies to obtain the spe-
<br />cific type and extent of information each prefers for preparing a bid or
<br />cost estimate. Providing access to the full report, with the appropri-
<br />ate caveats, helps prevent formation of adversarial attitudes and
<br />claims of concealed or differing conditions. If a contractor elects to
<br />ignore the warnings and advice in the letter of transmittal, it would do
<br />so at its own risk. Your geoenvironmental professional should be able
<br />to help you prepare an effective letter.
<br />Do Not Separate Documentation Irom the Report
<br />Geoenvironmental reports often include supplemental documentation,
<br />such as maps and copies of regulatory files, permits, registrations,
<br />citations, and correspondence with regulatory agencies. If subsurface
<br />explorations were performed, the report may contain final boring logs
<br />and copies of laboratory data. If remediation activities occurred on
<br />site, the report may include: copies of daily field reports; waste mani-
<br />fests; and information about the disturbance of subsurface materials,
<br />the type and thickness of any fill placed on site, and fill placement
<br />practices, among other types of documentation. Do not separate sup-
<br />plemental documentation from the report. Do not, and do not permit
<br />any other party to redraw or modify any of the supplemental docu-
<br />mentation for incorporation into other professionals' instruments of
<br />service.
<br />Understand the Role of Standards
<br />Unless they are incorporated into statutes or regulations, standard
<br />practices and standard guides developed by the American Society for
<br />Testing and Materials (ASTM) and other recognized standards -devel-
<br />oping organizations (SDOs) are little more than aspirational methods
<br />agreed to by a consensus of a committee. The committees that devel-
<br />op standards may not comprise those best -qualified to establish
<br />methods and, no matter what, no standard method can possibly con-
<br />sider the infinite client- and project -specific variables that fly in the
<br />face of the theoretical "standard conditions" to which standard prac-
<br />tices and standard guides apply. In fact, these variables can be so
<br />pronounced that geoenvironmental professionals who comply with
<br />every directive of an ASTM or other standard procedure could run
<br />afoul of local custom and practice, thus violating the standard of care.
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