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Old 03-30-2012, 12:31 PM
Starbuy Starbuy is offline
LawnSite Senior Member
Join Date: Dec 2011
Location: Summit County, Ohio
Posts: 335
Yes, the LCOs are getting 1099's because they are basically working for Dupont when they agreed to do the site visits. The money they receive from the visits is not considered damages, but income. LCO's will only get damages if they work that out with Dupont or file suit depending on if they lost clients, income, etc.

Since Dupont's offer to property owners is for damages there shouldn't be a 1099 since it isn't income. You didn't work for them. Just like if you get a check from an insurance company after someone damages your car. That is not income. But, it's always safe to check with an accountant.

As far as being liable for future Imprelis damage and cleanup, the settlement offer addresses that, but I am also concerned about long term damage after the 2 years they promise to cover everything. Even if the long term affects don't kill, what if it still hinders long term growth? Dupont's own tests showed it was still affecting soil after a year. The stuff is potent. Sure, some seeds might germinate, but what about long term affects on growth of conifers you replace? That's why I'm carefully examining Dupont's initial lowball offer to see what the true damages are and what I should really be compensated for in giving up my right to take them to court later if more trouble arises. That is why they are really pushing to get as many to do their claims process and maybe they will compensate fairly just to avoid a lot of rejected offers and hence more lawsuits, especially in states with treble damage laws like Ohio which pertains to anyone even damaging your landscape, not just stealing plants.
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