A developer faced an enforcement action from a state environmental agency stemming from wetlands that were disturbed during the construction of a residential development project. The developer subsequently brought professional negligence and breach of contract claims against the environmental professional who the developer had engaged to perform the environmental due diligence prior to construction.
Waller filed suit against the environmental professional on behalf of the developer and obtained a six-figure settlement following mediation and without dispositive motion practice. Waller also counseled the developer throughout the state environmental agency proceeding and negotiated a mutual consent order.
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