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

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

  1. anyway

    anyway LawnSite Member
    Posts: 30

    not sure,but sounds to me as if dupont is sending "cra" out a bundle at a time around the 1st of every month,in the order they recieved them,my neighbor filed claim in july 2011 and got theres aug 1st 2012,i filed claim oct 2011 and got mine nov 2 2012
     
  2. anyway

    anyway LawnSite Member
    Posts: 30

    can anyone out there that has signed there agreement and got paid tell me how long it took for dupont to pay,that is all i need to know,if it takes a while i may as well hook up with atty and drag this out longer and make out better maybe.......thanks
     
  3. rosewater

    rosewater LawnSite Member
    from SALINE
    Posts: 63

    My neighbor down the street signed their CRA and about six weeks later received their check from Dupont. However, their LCO who is taking down the dead trees and removing all the debris from around the trees is depressingly slow. They came out and pulled out the dead trees about three months ago but have yet been back to do the real clean up - considering how much Dupont is paying them to discard all materials surrounding the damaged trees.
     
  4. michiman

    michiman LawnSite Member
    Posts: 43

    Anyway and Longshot,

    Thank you both for your responses. If this information is in line with others experience, it makes me somewhat more inclined to wait and see what Dupont will offer on our property damage claim so long as it comes in a reasonable time frame. Like others, I'd like to be over and done with this mess and get the worst of the large trees gone and taken care of.
     
  5. rosewater

    rosewater LawnSite Member
    from SALINE
    Posts: 63

    I did receive my CRA thirty days ago but since my LCO filed the initial claim with Imprelis damage, I have had more damage. After a letter to Dupont, they sent Davey Tree and Stericycle to "review" my LCO's findings and ADDED additional damaged trees. I then replied to Dupont regarding my CRA and requested they contact me within 30 days, the same timeframe request on my CRA, however, I have not heard from them nor do I expect to hear from them in a timely matter. It took them 1 1/2 years to send out my CRA. I am so done with Dupont, I signed a retainer today with my attorney to pursue this and get what I believe is fair compensation for all the damage, continuing damage and future issues that may arise from the toxic dump in my backyard.
     
  6. PapaD

    PapaD LawnSite Member
    Posts: 32

    I would appreciate it if someone could confirm what seems like a change in DuPont's CRA's. Originally, I thought that they were paying to replace trees that were rated 4 & 5. However, it now appears that they could be paying to also replace trees rated 3.

    If that is correct, it would have a major impact on the CRA that they offer to us. We have 33 trees rated either 4 or 5 and another 73 trees rated 3.

    Does anyone know if DuPont is doing all CRA's to include replacement of trees rated 3?
     
  7. rosewater

    rosewater LawnSite Member
    from SALINE
    Posts: 63

    My neighbor received the CRA in August 2012 and all their trees with a 3 rating were given a monetary amount for tree maintenance.
     
  8. michiman

    michiman LawnSite Member
    Posts: 43

    #$%!, I was hoping that this was a straight forward decision. Sorry to hear you have seen such devastation on your property. Possibly Dupont tried to "low-ball" your offer due to the huge amount of trees being affected... hoping you would bite on a "substantial" but not full offer. Just a thought...

    The only offer I saw offered maintenance for 1 & 2's and replacement for 4 & 5's, there were no 3 rated trees. The maintenance offer was weak and totally unacceptable knowing things could get worse over time. One might accept if the replacement offer was substantial and the owner was willing to roll the dice on the lower rated trees.

    Something tells me that by going the attorney route, the long process will be dragged out even further and I would end up with a smaller settlement in the end due to the large cut an attorney would require. It still might come to that in my case.
     
  9. rosewater

    rosewater LawnSite Member
    from SALINE
    Posts: 63

    Your attorney is not doing his/her job if they don't receive a better settlement and terms that address any future considerations then what Dupont is offering and if that settlement doesn't include the attorney's fees. I had an independent arborist evaluate my property in 2012 and Dupont sent out their team of Davey Tree and Stericycle in August 2012 and documented further damage and decline. Sent that all off to Dupont, included photos of decline through the months along with the arborist eval and recommendations and they just ignored it, I have a 2 rating on a large spruce that is not going to recover but yet Dupont feels it just needs some maintenance---trees don't grow limbs from the middle! Dupont has an avenue to address trees suffering from further decline BUT it's at their discretion and who knows how longer that will take. I am moving into season three with dead and damaged trees.
     
  10. michiman

    michiman LawnSite Member
    Posts: 43

    Rosewater,

    You make solid points. In my case I was late to the game, not realizing it was Imprelis that was causing my problems. I didn't file a claim until mid August of this year. My landscape was not looked at by Davey/Stericycle until September 6th of 2012 so I do feel most of the damage was showing at the time they arrived. I understand that you folks who were visited last year would have seen increased damage in 2012. The two large white pines and one Scots pine (all 30' to 35') they rated as a 3 have gotten worse since last year. I need to see replacement cost for those or I wouldn't even consider any settlement.

    I am also most concerned about a large 12" - 5' high very expensive laceleaf Japanese maple and my dogwood that was measured at 20" and 11' high. The Davey "arborist" rated both with a 1 which I disagree with. The dogwood's fate, for sure, is questionable at best. I suspect I'll have a better idea this spring.

    This is why I was trying to find out if those "3" rated pines will be offered replacement value or maintenance. In all, I have 20 different items on the tree detail listing that Davey/Stericycle saw some Imprelis damage. Aborvitae, yew, Colorado spruce, barberry and the aforementioned trees were affected.

    I just want to get the worst removed and replaced and my yard back and all this mess behind me. Replacement of the larger trees, and the other compensation I have seen would probably work in my case based on their location and setting on my property. I just hate to wait and stare at a mess only to be offered and turn down a measly maintenance program and minimal compensation then wait to go through the incredibly long court process against a giant like Dupont.
     

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