Imprelis Discussion - it's damage, Dupont's Claim Process, Lawsuits filed, Experience

Discussion in 'Homeowner Assistance Forum' started by Starbuy, Feb 27, 2012.

  1. Watty

    Watty LawnSite Member
    Posts: 3

    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.
     
  2. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Thank you for your answers!!

    I'm going to demand 3 years worth of growth since I've already been told I should not plant for a good 3 years due to the severity of the toxin in surrounding soil that can still migrate into the new soil. I'd have to be allowed to dig up my neighbor's whole lawn down 4 feet to prevent that so that's not going to happen.

    My claim was submitted before yours and I've had 2 site visits (Sept. and Oct.) and I haven't even received their first offer.

    Getting ready to just present my demands, give them 14 days to respond (since I've already waited so long) and they'll know if no response favorable to a settlement with me than I'll be going with an attorney and filing. They want to pay triple, so be it.
     
  3. bailter

    bailter LawnSite Member
    Posts: 27

    I have over 80 trees and shrubs affected by imprelis. This spring I planted 10 douglas fir transplants and 10 norway pine plugs. All except one are growing fine in the imprelis area that killed and these trees. The only one that didn't do well was a fir tree that had the original needles/branches die, but had new buds that look OK. I wished I had remembered to order some spruce trees and try them also, but at least the ones I tried so far are doing well. You might want to try this yourself if you can still order some spruce tree transplants. They don't cost too much and would tell you a lot about what's still in the soil.
     
    Last edited: May 30, 2012
  4. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    I'm still waiting, claim went in July, DuPont checked again in April. More deformed growth since the check.

    Wow 35 trees. What's the latest on planting? New soil?
     
  5. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Did you already remove the dead ones and try planting in the same holes? Are the new ones you planted near any slope where the toxic ground slopes into the new tree area and how far down did you replace soil and how far out? Just curious. Did the ones you used to have in those areas completely die or were they just damaged (of course damaged ones would die anyhow). Hearing from arborists that they haven't seen any affected tree actually make a recovery. Of course, they tend to look at the roots too in order to see whats ahead for that plant's future.

    One other question. Did you receive an offer yet from Dupont for the 80 trees?
     
  6. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

     
  7. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    I guess they think after this long, we'll settle for whatever they offer us.

    Was going to make blackberry jam since I did wine last year. Guess not, my berries that are growing are deformed, the rest bloomed and fell off.

    d1.jpg
     
  8. bailter

    bailter LawnSite Member
    Posts: 27

    The dead ones are still there in their same spot. I planted these downhill from those dead ones about 10 feet away and a 2 foot drop. The ones that were there were either completely dead or more than 50% dead.

    Like most everyone else, I am still waiting for a letter from Dupont. I am sure I will have to reject it as trees have become MUCH worse and some that weren't even rated have now shown injury. I have had two tree replacement companies in to look at the trees, and they say about half of those trees will not recover (at least as a tree.............might survive as a really ugly bush because the top is dead and surrounding branches are dead).


     
  9. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    After I receive Dupont's offer packet and if it's unsatisfactory, I may then just send back a rejection letter without including any actual $ figure demand in it (probably wouldn't do any good anyhow since they seem to want to protect their Davey Tree backroom deal to provide them the removal money instead of the property owner). My reason is that the $ figure would end up growing as I head to court with attorneys and I don't want Dupont bringing up an old direct proposal from me showing I would have settled for a lower figure than what I would demand through courts. It's obvious if we file the costs go way up in order for the attorneys to get their part and property owners still get what they deserve and more since we have to go through even more time and trouble in this process if Dupont continues to be unreasonable in their direct resolution process. They are digging themselves in a hole as we have to dig out all their toxin. Meanwhile, for the attorneys these cases are really a walk in the park, albeit a park with dead trees, but you get my meaning. Slam dunk cases for the most part. Still can't justify paying 40% commission + undetermined fees for such a walk in the park case. I'm glad to hear more law firms realizing if they want a piece of this they are willing to take a third + minimal fees between 0% to at that most 2% due to the fact they can discount work done by hiring investigator/researchers for all their like cases at same time and the fact they'll save a lot by probably not even having to go through the whole court process. Yes, they do work and deserve a third, but come on, these are among the easiest kinds of cases since Dupont's already accepted blame to many in the public. I have friends who are attorneys and know there are some really good ones that we can trust. I'm not against them making money on this. They deserve to as well as anyone who has to work on my property to fix this as best they can. But, I'm the victim and I deserve proper compensation and good law firms absolutely recognize that and the good ones fight for the victim and in turn they come out winners to (and more long term business).
     
    Last edited: May 31, 2012
  10. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    I want to clarify a bit on my above comment. The friends I spoke of who are attorneys are not handling any of these cases nor will I be hiring them. I was just trying to convey my sentiment about good attorneys.

    Also, forgive my mispellings as I tend to type on here fast and don't take time to use spell check usually for something as informal as a forum.
     

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