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

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

  1. csterno

    csterno LawnSite Member
    Posts: 7

    I received my claim resolution packet the other day from DuPont and it seems a copy was also sent to the lawn applicator company as I received a visit from them today and they had a copy of the packet to go over any questions. I'm not sure if other applicators are doing this but I found it helpful to go over it with him.

    I have 5 Norway Spruce between 20-25 feet and 1 arborvitae that was affected. The claim recommended that 4 of the spruce be replaced and the arborvitae and the other spruce be put on a care program and basically watched for a year. I'm no arborist but if you had asked me ahead of time what I think should happen based on how the trees looked I would have made the same recommendation.

    In the resolution I have money for removal, replacement, maintenance and the 15% additional compensation to cover hassle and misc. The removal money (which looked high to me) would not come directly to me but instead would go to someone DuPont designates (surprise, my applicator) to ensure everything is properly removed. The rest of the money would get paid directly to me for use however I want. If I want my replacement trees warranted by DuPont I would need to use one of their recommended companies but I don't have to if I don't want to. The prices seem fair (though I need to get outside estimates).

    My question is do I bother with the maintenance or do I dispute the claim and just go for the replacement now. There was no real growth on it, a few buds and whatever growth there was is "abnormal" (not at the tips but rather in weird spots that basically would need to be pruned). If I'm going to replace I'd just as soon replace them all at once as from everything I'm reading it sounds like it won't come back anyways. Realistically I think I'll be able to replace them with 12-16 foot trees so the old one will stand out quite a bit from the new ones. At the same time I don't want to dispute it and have everything drag on for another 6-9 months (or longer). Of course it may take that long to get paid anyways since there is no time frame listed for payment but I'm guessing it won't take that long...

    It also doesn't seem right that I can't go to a different "recommended" partner for tree removal. It almost seems as that is a bit of a concession to the applicators for the mess that DuPont put them in.

    Thoughts?
     
  2. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    What state are you in?
     
  3. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Csterno, AIRCORP (another member on here who's one of the scientists researching this and evaluating damage) has recommended that we shouldn't plant for at least 3 years and even then the replacement trees may not grow right. Of course, that is beyond DuPont's warranty time limit or care program of two years. Also, he recommends that we should add feet and thus value to each damaged tree replacement value based on the fact that those trees should have been x feet taller 3 years from now. Also, in order to really get your soil free of the stuff and prevent any future migration into newly planted areas one should be compensated for all the lawn to be replaced with new soil 3 to 4 feet down. Of course, will DuPont agree to all this through their direct process? Highly doubtful. So, you just have to ask yourself if you feel satisfied with their terms the way they are and can deal with any future loss that you didn't expect, and feel comfortable not knowing when DuPont will compensate you and no recourse through the courts if they delay for years or how long they'll take to make payments (offer allows for payments). If you're comfortable with it, and some seem to be, and fine with some of your compensation money going directly to a third party without your choice then DuPont's offer may be just fine for you. My neighbor is satisfied to take DuPont's offer even though they have no guarantee of a timely payment. They only had one tree damaged and won't replace it anyhow.
     
  4. csterno

    csterno LawnSite Member
    Posts: 7

    I'm in Minnesota.
     
  5. gqnine44

    gqnine44 LawnSite Senior Member
    Posts: 501

    Don't you think dupont would not recommend planting for a longer time if they felt damage was possible to newly planted trees? I am just asking because I can't imagine that dupont would want that headache and expense if newly planted trees started dying. That would really increase their Costs!

    Also, around here brickman replaced all of their affected trees all over town last fall. So far no damage. I'll let know if I notice any.


     
  6. 410NORTH

    410NORTH LawnSite Member
    Posts: 4

    I am also in Minnesota central Minmesota still waiting for claim forms last October I hired an arborist to give me a value on my trees I have 32 norway spruce that were damaged
    they range from totally dead to dead crowns and anywere in between I have 5 60 foot that are totally dead the arborist gave me a value of 38,000 this seems low to what I have been seeing on posts I sent the appraisel in to dupont to be matched up with my claim don't know if this was such a good idea now. Any how still waiting like every one eles it will be interesting to se what they offer.
     
  7. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Those suggesting we should be very cautious about planting as early as DuPont has suggested are those who've already seen new trees either dying or not growing. I understand DuPont having a more positive spin on this because if they did admit that we may not be able to plant and grow trees this early they would add even more ammunition to law firms seeking more compensation for victims. Its easy to see they may think some may not have any problems and others theyll just replace those if a person notices the tree is damage within 2years. But, what if the new tree does't grow normally and suffers stunted growth therefore its smaller years from now than what it should have been. That person won't be elgible for replacement.

    I'd rather trust the independent scientists than DuPont. We already trusted DuPont about Imprelis, then trusted them about the resolution process only to find out they won't even place a date by which we can expect a check if we do sign.

    There are some others in this thread back further that replanted then lost them. Even if i I wouldn't lose the new ones I'd rather wait until I can plant them and see them grow. But, some may not have as much damage now and therefore maybe its not in the soil as great as some of ours. Maybe they won't have a problem planting this fall.
     
  8. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    I'd get a 2nd opinion from a tree company on labor and replacement cost.

    How much longer will our grass clipping be treated as toxic waste? The hotline referred me to the website but that part hasn't been updated since July 26th, 2011:

    .

    If its safe to replant and the trees go deeper isn't the grass safe?

    Its June 25th and still no offer.:waving::waving::waving::waving:
     
  9. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    We're having trouble in our area with some excavators unwilling to remove Imprelis soil because they don't want to get involved in what they think will be an EPA regulated problem for them. One is still trying to find a dump that will accept this. May have to pay out more to get it hauled further away (dump truck fulls). Trying to provide them with facts, but some just don't want any headaches. They hear "Imprelis" or "DuPont" or "EPA" and say no thanks. Seems removal of the trees and plants isn't such a big deal, but where to take all this and the excavated soil is another matter.
     
  10. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    From MSU: http://msue.anr.msu.edu/news/whats_new_with_imprelis

     

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