If a CM serves in an agency capacity, does this expose them to strict liability under CERCLA?

When a construction manager (CM) serves in an agency capacity, they typically act on behalf of the principal (the party that has hired them), which means they may not bear the same level of liability as a party that is directly responsible for the remediation or management of hazardous substances. Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), strict liability applies primarily to parties that are directly involved in the disposal of hazardous waste, such as owners or operators of a facility.

When acting as an agent, the CM’s role does not inherently expose them to strict liability under CERCLA, as their responsibilities and obligations are dictated by the agreement with the principal, and they are generally not regarded as the principal party responsible for the hazardous conditions. Therefore, in this case, there is no risk of strict liability for the CM when acting in an agency capacity, which supports the assertion of "no risk of strict liability."