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  #531  
Old 08-16-2012, 03:38 AM
chaz123 chaz123 is offline
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Join Date: Aug 2012
Location: oak creek, wi
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got our claim offer from DuPont

I have (HAD!) eleven small 3-ft Arborvitae that were ranked 3's. They all are dead. I was offered $90 each for replacement value of those, plus money for new tree maintenance + the 15% compensation.

what really gets me is that I have four firs 22-30 feet tall. One is literally half fried, almost nothing left to it. A second is questionable -- has lots of dead branches. Those two were rated 3's. The third and fourth tree were rated 2's. They don't like as bad as tree 1 and 2 (Odd, cuz they are all in the same area). Anyways, I thought all 3's were to be replaced ??? Nope, cuz they offered me $320 for service on the ALMOST COMPLETELY DEAD 25-FOOT FIR. WTF? they also offered me the same amount for the other tree rated 3. and also for the 2's. Just not sure how the arborvitaes warrant replacement but not the 25-ft firs. They don't want to pay up ???

Now I'm no tree expert but how will that almost dead tree ever look the same? It may not die but it will be an eyesore !!!!! Right?

Another question ... it's written in that a contractor will get $1800 to remove the 11 Arborvitae. Why can't I do that myself and take the money. my LCO told me I have to let the contractor do it, that I can't do it myself. Doesn't seem right. They are taking money that should be mine to decide how I want to handle the removal from my property and who I want to pay. Why can't I remove them myself and burn them. They are only 3-feet tall. Incidentally, I have a 12th Arborvitae that survived -- it was in a raised bed and separate from the wall of 11 I had and that one survivor is 4-ft tall. Shouldn't I be compensated for 4-ft trees? I guess looking at the chart, they are valued at $90 regardless for 2-4 ft trees.
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  #532  
Old 08-16-2012, 04:06 AM
chaz123 chaz123 is offline
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Location: oak creek, wi
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funny, the replacement value table listed in my claim only shows values of trees up 20". my dead trees that they didn't even offer me replacement $ for are listed at 25-ft. not only do they not want to pay me for them, they don't even want me to see how much they are paying out for them
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  #533  
Old 08-16-2012, 11:23 AM
rosewater rosewater is offline
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Join Date: May 2012
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chaz123 you need to review you claim pkg regarding questionable trees. Under TREE CARE it addresses reassessment and outlines the procedure. Dupont knows that trees/shrubs continued to decline into the 2012 season. My LCO gave my sister paperwork that needs to be filled out on the trees she believes have declined further in 2012 or have lost their aesthetic landscape value. It is my understanding that Dupont then reevaluates her claim- to get to that point she has already signed her resolution pkg. The problem with this as well as payment from Dupont once you sign their agreement is that they give NO timeframe for when you get your money or how long the reevaluation takes. As far as the removal of trees- Dupont states they have to be properly disposed of which I am assuming the tree removal guys are not dumping Imprelis laced debris into you local community compost pile.
Several posts ago someone listed replacement value on trees up to 40'. I know from the claims I've seen that the Norway Spruce values for 25' $3500, 30' $4500
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  #534  
Old 08-16-2012, 12:03 PM
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cindyb cindyb is offline
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Hi Chaz and welcome. I can feel the frustration in your post that brought most of us to this forum. Again, thank you to the Lawn forum site for allowing us to share information.

I really tried to work with Dupont but too many things I don't agree with including:

1. Dupont paying a tree company my money for removal. They did figure that 15% on the total. I want somebody to come in and remove the tree, roots and soil, not cut the tree down and chip it. When could I ever grow anything again? If the soil is contaminated and continues to shift, I could possibly have to have all my soil remediated.

2. My trees, bushes and plants continue to die. The roots have been compromised, fertilizer and water on a dead tree equals a dead tree. More continue to turn brown.

3. I've lost growth, no growth last year or this year and maybe NO trees next year. Read Aircorps post on how much growth you've lost.

4. 15% is suppose to cover loss of enjoyment, other plant losses, loss of value of my home and some other filler. Really? Did that include all the watering and care? My pets are buried under one of the trees. Do you think I'm going to let them chip up their remains?

5. I was assured my roses, blackberries, lilac and arbortivas and other plants would be added, guess they were all included in the 15%. Add in my hardwoods, garden and flowers.

6. Future responsibility. I am not going to take responsibility for something Dupont did. We haven't heard how long Imprelis last or what its doing to the groundwater, we just know its traveling, I see proof in my neighbors trees. Yes, I told them whats killing their trees.

7. No timeline for payment.

8. Future health problems. The grass isn't safe to compost after a year, how safe is it to walk on.

Dupont is looking out for themselves so I must look out for me, I've retained an attorney (below). Just too many unknowns and lack of action from Dupont. I tried to get the Dupont team to look at my other dying plants during their April site visit but since the plants/trees weren't on the original list, they said I had to do a counter offer.

.
Quote:
Originally Posted by Starbuy View Post
For anyone who's had Imprelis damage and you're seeking a trustworthy law firm (can help in any state where Imprelis damage has occurred), contact Wright & Schulte LLC http://yourohiolegalhelp.com/ 937-222-7477 or 937-435-9999. Richard W. Schulte and all the attorneys there are energetic, ambitious, very experienced and really seem to care. They're also handling these cases in a different manner than what I've come across in researching for a law firm that's competent enough for this type of thing, yet keeps the best interests of the client at the forefront (and that means filing separate cases and yes they have a lot, but have told me they can help more of you who have been trying to face this Imprelis situation on your own). I have not been asked by them to post this nor paid, but was given permission to make this public. I'm not saying other firms are not as good as I certainly didn't talk to all of them or look at all their retainer contracts. I know people have tried contacting me and I'm sorry I may not have replied to everyone. If they ask who referred you, you may use the name Duane Sulllivan if you wish. There are others on here that have also retained them, but I don't have permission to use their name. I'm making this public because so many are now facing the decision of whether Dupont's direct resolution offer is really going to end up being sufficient for what they may suffer now and in the future. I know CindyB and others on here feel just as strongly as I do in hoping property owners will not get short changed and then later realizing their damages are greater than first estimated and feeling like they made a mistake. I don't mean to make anyone worried if they already signed DuPont's offer. Some will surely be happy with the offer and maybe they won't experience more damage or financial setbacks due to Imprelis on their property beyond DuPont's 2 year limitation.

Last edited by cindyb; 08-16-2012 at 12:09 PM.
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  #535  
Old 08-17-2012, 06:12 AM
jconley jconley is offline
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Join Date: Feb 2012
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  #536  
Old 08-17-2012, 06:14 AM
jconley jconley is offline
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Join Date: Feb 2012
Location: Northwest, Ohio
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The end of another week and no news. Has anyone heard of or know anyone who has successfully rejected initial offer, submitted claim for additional damage and was able to negotiate a settlement including additional damage?
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  #537  
Old 08-17-2012, 07:43 AM
Starbuy Starbuy is offline
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Location: Summit County, Ohio
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Quote:
Originally Posted by jconley View Post
The end of another week and no news. Has anyone heard of or know anyone who has successfully rejected initial offer, submitted claim for additional damage and was able to negotiate a settlement including additional damage?
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only ones I've heard are some golf courses who are owned by counties who have attorneys that DuPont settled with and in those cases DuPont agreed to give the removal compensation money directly to them and not to a third party. I personally have not heard of anyone without an attorney receiving the same treatment.
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  #538  
Old 08-17-2012, 10:42 AM
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cindyb cindyb is offline
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Join Date: Jan 2008
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Quote:
Originally Posted by Watty View Post
The offer I received included "Tree removal service to be provided by Dupont" listing a dollar amount value of that service. My counter offer letter asked for the dollar amount in lieu of the service. I simply stated that I prefer to make the arrangements myself. If they agreed to that, I would have settled. After a month of waiting, I received another copy of the original offer along with a letter stating that my counter offer was "REJECTED" After several attempts to speak with someone at Dupont about this detail, a representative finally did contact me. I was informed that the ONLY OPTION was for Dupont to make the arrangements...take it or leave it.
Quote:
Originally Posted by AIRCORP View Post
There may be other reasons for this. DuPont may not want you to measure the tree once it hits the ground and you find that they did not measure the tree correctly and perhaps under estimated its value.

Now what are you going to do?
Quote:
Originally Posted by Watty View Post
1. How many site visits were done and when was your claim sent in and by whom?

One site visit. Claim was submitted by a Dupont rep who did site visit with the Davey person

2. Did you ever have any site visit done besides from the LCO (or are you the LCO)? Did Dupont send Davey Tree to measure your trees/shrubs with laser?

The lawn service I used put me in touch with Dupont. Yes, my trees were laser measured by a Davey person.

3. When did you receive the first offer from Dupont and how long was it from the time the claim was submitted?

Claim submitted Nov. 8, 2011. Offer received March 20, 2012. I sent my response on March 27 and then received "After careful consideration, we are writing to inform you that Dupont does not accept your counter-offer" on May 1, 2012


4. What was the total $ compensation they offered you and for how many trees/shrubs/plants (heights and type)?

35 total trees (Norway Spruce, giant arborvitae, white pines) ranging from 7-23 feet. Including the $6150 value of the tree removal service to be provided...a total of $42,523

5. What state are you located in?

Massachusetts

I am countering again with what the height of the trees would have been after 2 growing seasons rather than what they were when damaged.
Been going backwards and reading.
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  #539  
Old 08-17-2012, 11:30 AM
rosewater rosewater is offline
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Join Date: May 2012
Location: SALINE
Posts: 63
this imprelis saga is going to go on for years....just like the Benlate litigation 20 year battle that cost Dupont $2 billion and the latest jury verdict that awarded Monsanto $1 billion for patent infringement. Very interesting reading while you wait for your check
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  #540  
Old 08-17-2012, 12:37 PM
TreeNut TreeNut is offline
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Join Date: Jun 2012
Location: Columbus, OH
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I've been poking around the internet trying to catch up on the Imprelis issue--found this site, but need to know if it's legit--sounds too good to be true. Can someone knowledgeable comment??

http://www.growthproducts.com/pages/...eForTrees.html
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