In some past cases, TxDOT has successfully identified, contacted and made arrangements with responsible parties for cost recovery or handling hazardous materials without litigation. These arrangements have a greater chance of success if negotiated prior to letting. Arrangements can still be initiated when unanticipated contamination is encountered during construction.

If possible or practical, identified responsible parties should be contacted before costs are incurred. The responsible parties may be more willing to make arrangements if allowed to participate in developing preventive action measures. Additionally, if the responsible parties are undergoing other corrective action, they may have the resources to handle the contamination within an acceptable time frame.