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  #11  
Old 03-01-2012, 04:19 PM
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cindyb cindyb is offline
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Quote:
Originally Posted by Starbuy View Post
An arborist from Davey Tree told me the figures they've seen from the claims process are too low for the actual work and replacement involved. Some owners finding out after agreeing to what they thought was good compensation that the 15% 'extra' compensation is getting eating up in the replacement process. These are ones who did not counteroffer to make sure they included all their losses and ones who didn't actually get real appraisals of the value loss, costs to dig/replace, costs to make sure the new ones match the new heights of their other shrubs (when they were supposed to match for symetry), and maintenance.
Just relaying what I was told.
Note: I understand Davey Tree also used Imprelis on properties.
Star, again thanks for the information.

I'll wait for my offer and then have the tree company that listed, come out.

I guess I can ask the tree company but if any LCO wants to answer, great. We skipped spring last year and jumped into summer with 100 temps. Does that mean we have to wait till fall to plant trees?
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  #12  
Old 03-09-2012, 10:21 PM
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Still nothing.

Had the tree company on the list come out, there are more damaged trees. Checking the other thread to see if anybody else has updates.
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  #13  
Old 03-11-2012, 10:11 PM
Starbuy Starbuy is offline
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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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  #14  
Old 03-12-2012, 10:20 AM
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Thanks for the update.

I'm in the same situation. Everything is dead or dying or deformed. There is no chance of replanting, we are going up to 80 degrees here, last summer was mostly in the 100's so it'll be fall. All we can look at right now is removal.

The tree company on the list examed everything. Was hoping the Weeping White Pine wasn't hurt but he showed me the damage.
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  #15  
Old 03-28-2012, 12:36 PM
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Quote:
Originally Posted by Starbuy View Post
I never purchased Imprelis. My property was damaged due to the neighbor's LCO applying it to their yard and it migrated into my yard which is downhill from theirs. Yes, those who purchased Imprelis had to be licensed.
My hubby helped plant trees in the neighbors yard. Their yard is downhill from ours. The runoff is killing their trees.
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  #16  
Old 03-28-2012, 12:54 PM
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Star, if you're still posting? I see the LCO's are getting 1099's for the legwork they did. How will that work for homeowners when Dupont gives us a check?

Also we're concerned with the future problems with the Imprelis in the soil such as how the EPA handles company chemical spills. If we sign off, are we liable for the future clean up?
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  #17  
Old 03-30-2012, 11:31 AM
Starbuy Starbuy is offline
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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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  #18  
Old 04-05-2012, 09:56 AM
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cindyb cindyb is offline
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Quote:
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.
They sure aren't in any hurry. If they are pushing to settle, I haven't seen it. Its been close to a year. I hope they do the right thing the first time.
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  #19  
Old 04-10-2012, 09:57 AM
Starbuy Starbuy is offline
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More bad signs that Dupont's Resolution process is offering less than adequate compensation to homeowners damaged by Imprelis. 34 more file suit in just one neighborhood. http://breakinglawsuitnews.com/dupon...over-imprelis/

Davey Tree reps confirmed the offers are too small.
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  #20  
Old 04-10-2012, 02:01 PM
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cindyb cindyb is offline
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Quote:
Originally Posted by Starbuy View Post
More bad signs that Dupont's Resolution process is offering less than adequate compensation to homeowners damaged by Imprelis. 34 more file suit in just one neighborhood. http://breakinglawsuitnews.com/dupon...over-imprelis/

Davey Tree reps confirmed the offers are too small.
Amazing. They have Davey as the people to price and do the job but don't want to pay the amount.

Going on a year, my site visit is scheduled. We'll see.
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