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

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

  1. TreeNut

    TreeNut LawnSite Member
    Posts: 80

    It's going to be a real pain either way you go. After having heard nothing, we've decided that we are going to go ahead and remove and replant this spring, but not until after the major growth spurt, at our own expense. We'll continue with the private suit and hope we eventually get our money back. We don't like DuPont holding us hostage, so we won't allow that. Even if they offer 'care', it's way too late now. Our landscape is too important to us. Last fall, I replaced a small ornamental (Pink Japanese Snowbell) that had been in for 3 years, with a Red Jewel Crab Apple, after an arborist told me he had not seen any crabs affected by Imprelis. The attorney said it would be okay as long as we had photos of the dead tree. (I've saved all the remains.) Each season we wait, we lose time that we most likely will not be reimbursed for. So far, the crab is doing fine. We also don't believe that the remaining chemical in our lawn can cause (much) damage---we also planted 2 Norway Spruce right after we learned of Imprelis back in '11, and both have shown growth and no damage. (We didn't know at that time that we shouldn't have--but so far we're glad we did.) I guess if you can afford to wait for the money, you most likely will end up with a much better settlement. Remember the 'trebel' laws that class action or a CRA will not take into account. The attorneys also have even more evidence now of wrongdoing by DuPont. But if the money is important for you and you feel the settlement is fair, then go for it. Hope that helps. Just my opinion.
     
  2. rosewater

    rosewater LawnSite Member
    from SALINE
    Posts: 63

    Treenut- I hope things work out for you. I too, am tired of Dupont holding property owners hostage, however, for me it is not the money but fair compensation for the damage Imprelis has caused to our once private, nicely landscaped yard. Their figures and my actual cost figures did not add up. This fiasco started in May 2011: just recently I have noticed Imprelis damage on my neighbor"s Colorado Spruce that sits between our yards which was not apparent when my independent arborist visited our property in July 2012 and the Dupont team visited in late August 2012.
     
  3. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    "Owatonna's Brooktree Golf Course waits for another offer from Dupont" - Owatonna People's Press, Feb. 21, 2013 Link: http://www.southernminn.com/owatonna_peoples_press/article_6973f725-829e-5eff-b13e-21283c12b5a7.html

    According to the article, the golf course was sprayed with Imprelis the week of May 17, 2011, almost two years ago. DuPont's original offer was to compensate for damage to 203 trees with their figure at $640,000. City officials wisely waited until the next year in 2012 for an independent arborist's report which found an ADDITIONAL 565 trees damaged.
     
  4. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

  5. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Has anyone tried to sell or refinance their Imprelis contaminated property yet? Appraisers have a line they must checkmark yes or no on the forms I've seen. Here's one example: http://www.freddiemac.com/sell/forms/pdf/2070.pdf

    FreddieMac Loan Prospector Condition and Marketability Report

    Line 4 -Condition and Marketable Factors

    No___ Yes___ Hazardous waste, toxic substances, or other environmental problems are suspected.

    Is this greatly concerning for a property owners who's property has been laced with Imprelis? I would say yes, wouldn't you?

    Furthermore, will property owners (personal and commercial) in the future be subject to environmental due diligence with REC (recognized environmental conditions)? Many banks require environmental due diligence be completed before they will issue loans. Even if a bank is not involved in a sale/purchase there is the question of future liability for existing contamination on the property in question.

    So, you can see why many property owners have hired attorneys to help them with this very bad situation which can adversely affect property values. This goes beyond just replacing some trees and the money it takes to do just that, if trees will even grow normally in the future in those areas. Many unknowns still exist.
     
  6. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    An idea of what we are looking at

    http://www.iaao.org/uploads/contaminationfstd.pdf

    Standard on
    the Valuation of Properties Affected by
    Environmental Contamination

     
  7. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    Star, almost everything in my yard is dead, I couldn't sell like this anyway.
     
  8. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    I know we are stuck too, so hoping to refi to a better rate, but the first appraiser saw the dead trees right away since they're from the street all the way along my drive. Can't miss that ugly. Not a great way to start an appraisal. I'm taking a day at a time.
     
  9. michiman

    michiman LawnSite Member
    Posts: 43

    Today Dupont sent my CRA that did include replacement of all items rated "3" and above. In my case, the offer looks pretty reasonable. $21,000 plus removal costs paid by Dupont over and above. Based on the damage and the specific trees that were affected, my inclination is to accept what I feel is fair compensation.

    I'm sure some of you have had more substantial damage and dying trees that are on landscape areas that severely affects your property value. This is not the case for us... we were lucky damage is limited to areas that allow me to remove worst affected trees, replace at a reasonable cost and not severely affect the property value.

    Wishing all well, hoping everyone is progressing to a satisfactory conclusion.
     
  10. TreeNut

    TreeNut LawnSite Member
    Posts: 80

    Thanks so much for reporting! Did you have any trees that were 1 or 2? How many are you replacing?
     

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