How damages are usually measured

Contamination claims usually seek past and future cleanup costs, and sometimes lost property value, allocated among responsible parties under CERCLA and state law. A party's status as a potentially responsible party, the number of other responsible parties, and whether insurers cover the loss all change how much any one party ends up paying.

General background, not legal advice; the rules vary by state and by the documents in your deal.

What the calculator asks about

These are the facts it pulls from your description or documents for a commercial property contamination claim:

  • Cleanup/remediation costs incurred or estimated
  • Contamination scale
  • Plaintiff's CERCLA PRP status/role
  • Are there multiple potentially responsible parties (PRPs)?
  • Is this a state cleanup enforcement action / consent decree?
  • Has an insurer denied environmental coverage?

How it did on real cases

The published backtest (v4.3) has no scored commercial property contamination claim case yet; across all categories the calculator's range contained the final outcome in 17 of 32 cases. Each case below was run through the live calculator on a verbatim excerpt of the court's statement of facts and each side's contentions, with every sentence stating an award, finding or holding removed, then scored against the final result after any appeal.

Full backtest results and method →

Case Value Calculator · free beta

Get a range for your own commercial property contamination claim

Describe both sides' positions, or upload the lease, loan documents, pleadings or appraisals. The estimate needs both sides' facts; a one-sided complaint alone is not enough to value a case. Sign-in is email only.

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Recent cases we're tracking

Estimates are probability-weighted ranges from the facts you provide, not a prediction of any court's ruling and not legal advice.