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

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

  1. chaz123

    chaz123 LawnSite Member
    Posts: 2

    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.
     
  2. chaz123

    chaz123 LawnSite Member
    Posts: 2

    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
     
  3. rosewater

    rosewater LawnSite Member
    from SALINE
    Posts: 63

    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
     
  4. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    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.

    .
     
    Last edited: Aug 16, 2012
  5. jconley

    jconley LawnSite Member
    Posts: 15

    Posted via Mobile Device
     
  6. jconley

    jconley LawnSite Member
    Posts: 15

    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?
    Posted via Mobile Device
     
  7. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    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.
     
  8. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    Been going backwards and reading.
     
  9. rosewater

    rosewater LawnSite Member
    from 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
     
  10. TreeNut

    TreeNut LawnSite Member
    Posts: 80

Share This Page