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Property Condition Assessment

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DUE DILIGENCE FOR LEASED PROPERTY AND
INDUSTRIAL AND COMMERCIAL CONDOMINIUM PROPERTY

 

Inspection Today ---
Tuesday, January 16, 2018
report on your desk next week

 

 

For long term leases it is prudent to document existing conditions at the start of the lease term to establish baseline condition and avoid landlord-tenant disputes at the end of the lease.  Landlord claims of insufficient maintenance or care resulting in property damage can be refuted by a well documented report of existing conditions.

ENVIRONMENTAL LIABILITIES ASSOCIATED WITH LEASED PROPERTIES

The question of liabilities associated with leased properties comes up frequently. The question usually takes two forms:

What are my liabilities associated with site contamination during and after the lease period?

Who is responsible for permits while I operate on a leased property?

CONTAMINATION LIABILITIES

The liabilities associated with environmental releases and site contamination are not significantly different if properties are leased rather than purchased. If a site is found to be contaminated, you may be considered a Responsible Party. This is true even if contamination is caused by future owners or occupants; especially if you can not document the property condition at the time you vacated the property.

COMPLIANCE LIABILITIES

The issue of environmental compliance tends to be less straight forward, and can be effected by specific terms agreed to in a lease. However, in the absence of other information, it is best to assume that all permits associated with your processes are your responsibility.  The compliance obligations for equipment or processes that are maintained by the property owner, or shared services with other occupants often become less clear and need to be defined. One example might be an emergency generator used to supply power to several tenants in a building.

ENVIRONMENTAL ASSESSMENT

The purpose of Phase I Environmental Assessment is to gather sufficient information to develop an independent professional opinion about the environmental condition of the property and to identify actual or potential environmental contamination which may impact the property value or adversely affect a claim to an innocent landowner defense or other environmental liability protection following acquisition or tenancy.  In certain cases you may qualify for a less stringent form of environmental assessment at a reduced cost.  Contact us for details.  

USA Due Diligence Services designs and performs comprehensive Environmental Site Assessment (ESA) in accordance with the ASTM International (ASTM) Standard for Environmental Site Assessments: Phase I Environmental Site Assessment Process, for real estate lease and purchase/sale transactions; mergers and acquisitions; property development and redevelopment; financing, re-financing, and foreclosure.

PROPERTY CONDITION ASSESSMENT

If you are leasing space in a commercial or industrial building your due diligence routine should include Due Diligence Phase I Assessment (ESA) and a Property Condition Assessment (PCA) for leased property or comprehensive Commercial Building & Property Inspection for leased property or Industrial Building & Property Inspection for leased property.

A complete Due Diligence routine includes Environmental Assessment and Property Condition Assessment. As a lessee you may not be responsible for repair, replacement or maintenance of most building systems but you are probably responsible for some and nearly all can affect your business.

Even if you’re not responsible for roofing, roofs can leak resulting in damage to your equipment or inventory and unsafe or unhealthy working conditions. Computers, musical equipment, furniture, paper products and files, inventory and supplies can all be irreparably damaged from water from a leaky roof and water entry can foster the growth of mold in open spaces and also within floor, wall and ceiling cavities.

You may not be responsible for heating and air conditioning equipment but undependable systems can have a negative impact on productivity and in extreme cases could require your business to shut down until repair or replacement is made.

It's unlikely that you’re responsible for the regular testing and maintenance of fire suppression and other life safety systems but lack of regular testing and maintance could easily result in total loss of everything in your space as well as serious injury or even death.

The reason for an overall building inspection of leased property is to be aware of the condition and care of equipment whether it serves your space only or the entire building. Electrical, mechanical and HVAC equipment can be in any area of the building including the basement (if any), mechanical rooms and on the roof.

This information could affect your decision to lease the property or to alter or lease terms and conditions. At the least it may be necessary to clarify lease terms to know what you're liable for and what you're not.

QUALIFICATIONS

Lifespace Corporation has 30 years building, property and environmental inspection and assessment experience on all types of leased commercial and industrial buildings, and condos.

Property Condition Assessment, Commercial Building & Property Inspection and Industrial Building & Property Inspection are each discounted when ordered together with Phase I Environmental Assessment including Vapor Encroachment Screening (VES), if and as necessary and at no additional charge. Together the package of services is a complete due diligence inspection & assessment service package.

CONFIDENTIALITY

Due Diligence Reports are designed to provide you and your attorney with information that can be used to structure your lease agreement.  Your report is confidential to you.  Due Diligence Inspection and Assessment Services is not required and does not file reports with any regulatory agency and will not release any information to anyone except as directed by you.

CONTACT US

To order property condition assessment, environmental assessment or a complete due diligence inspection and assessment package or for more information contact:

 

 

CLICK NOW FOR FAST, EXPERT SERVICE. or Call 585.738.5080

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