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Old 03-11-2012, 11:11 PM
Starbuy Starbuy is offline
LawnSite Senior Member
Join Date: Dec 2011
Location: Summit County, Ohio
Posts: 335
Dupont called me to discuss some of the extra costly items that the Imprelis damaged trees have incurred and the fact that since the ones that died would have been the same size as the ones they're supposed to match on the other side of my drive. Since their first estimates are only based on the size the trees were when the site visit took place, the rep said I will need to send in the information within the counteroffer. They are accepting counteroffers for review. The first ones they send out are the lowball figures (which Davey Tree stated it would not be enough for all the work involved). The Dupont rep told me its good to gather all information that causes the settlement to have to increase to make the property 'whole'. Any extra digging to remove all the roots, Imprelis soil, moving/replacing utilities, property value loss, and demands that the trees to be replaced be done so with ones that are the same size as the would have been had they not been damaged by Imprelis, all these things are to be included on the counteroffer you send back to them. They understand that each property is different and what one offer could work for one property doesn't mean it will work for all to bring the property 'whole'.

It was also suggested by a supervisor at Dupont (in the product recall department) that the areas like mine that had heavy damage may mean not being able to replant on those areas for an undertermined time due to it still being in the soil. Studies have found it can last over 1 year and where it was used heavily plants can't grow and their growth is stunted and abnormal. They even suggested they would just grind down the stumb. Since that would permanantly ruin my landscape the compensation would have to be increased greatly. She then got quite and said this was beyond her ability to help in the matter and consultation with others would take place.

Many of them do not know much about plantlife, landscaping and true costs for labor. They are depending on an accounting firm Deloitte LLP to come up with the case by case $ figures based on tree prices, but they don't get all the information about your claim, so their basic formula figures must go back to Epiq Systems to handle mailing them out. Once a person rejects the first lowball offer they can send in all the information (appraisals help) to show them the true cost to make you 'whole'.

Some small claims seem to get accepted easier since costs are smaller, but get proper estimates done to see how much it will really cost.

Dupont will not pay any contractor to do the work, even if they've worked out 'deals' with them. They can only send the property owner the full check for the whole settlement and it is up to you what company you want the work to be done by. You can hand pick the trees and have more control over the relandscaping of your property.

At this point, mine is still in review. I need the settlement so i can first remove the destroyed trees and ruined soil. But, I'm going to wait until fall to replant since I don't want harm to come to the new ones. If your area wasn't as hit as hard as mine you maybe able to plant earlier, but use active charcoal in the soil and even the lawn around it since its still in the lawn and that could migrate right back into the tree bed.
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