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

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

  1. michiman

    michiman LawnSite Member
    Posts: 43

    Yes, as I was hoping to be the case. Dupont did offer replacement on the 3 large pines that were rated "3". I had 17 different items all rated "1" or "2" which were all thrown into a maintenance care category. Small yews, arborvitae, dogwood, and two larger spruce.

    Because of this incredibly informative thread, I knew almost everything that would be in the agreement before I saw it. Thanks Starbuy for starting this thread.

    Of course, all our situations, yards and landscape are unique. In our case, the worst damaged trees are replaceable without my yard being overly affected. I'm sure there are many who have not been so "lucky".
  2. TreeNut

    TreeNut LawnSite Member
    Posts: 80

    And what exactly do they do (or WE do) for the mainenance category? Do you need to get an arborist in there to do such "mainenance"? Or is that something you are told how to do yourself?
  3. redcabo7

    redcabo7 LawnSite Member
    Posts: 18

    TreeNut - I received my offer as well. I'm not real keen on their allotted amount for "maintenance" on existing trees. You would need to use an arborist and keep records.

    FYI - DuPont describes the option of replacing trees 1)through their certified list 2)through my LCO 3)my own choice. #1 & #2 are covered by extended warranty, #3 is not.

    Just like michiman, thank you for all the information through this thread. Very informative and helped me make my decision. Private messages have also helped me understand what I needed to do. For me, taking their offer is the best solution but may not be everybody's solution. PM me if you have any questions that I may be able to assist with.
  4. michiman

    michiman LawnSite Member
    Posts: 43

    I accepted the Dupont agreement also. Based on the amount of damage, location on our property, amount invested and what some of my plans for the main affected are were going forward, acceptance made perfect sense. As a matter of fact, I suspect most would have done the same thing in our case.

    There are a few things I didn't necessarily like about signing the agreement but I was never sufficiently convinced going through a long court action and giving 30%+ to lawyers would have solved anything.

    This way we can move on - I truly hope all you folks come to a reasonable and fair end to your ordeals. I'm going to keep stalking this board to see how things go for you all. I will also update as to how long it takes to receive payment, how Dupont's tree removal goes and how any replacement trees I may place appear to take to areas where Imprelis was applied.

    Good luck to all...
  5. TreeNut

    TreeNut LawnSite Member
    Posts: 80

    At this point I am glad we did not settle for the class action suit, which sounds much like the individual replacement offers. I've read some of the criteria, and it just burns me up.
  6. michiman

    michiman LawnSite Member
    Posts: 43


    I did accept the offer for my property but my HOA filed a seperate claim for a couple trees that were damaged off the edge of my yard. I'm curious exactly what it was Dupont needed to prove tree ownership? They filed well after I did and Dupont sent Davey out last month for a visit. I figured this info might save them delays as their claim progresses to an end. Did they ask for any other info from the HOA beyond "proof" of tree ownership?

  7. PapaD

    PapaD LawnSite Member
    Posts: 32

    In our case, they did not require any formal proof. I wrote to them and advised them that to HOA owns all but 2 trees on our claim report and gave them the ownership information for those 2 trees. Apparently, that was good enough for them, as they seemed to have accepted it and those two homeowners will have their name on the CRA and will also need to sign it.
  8. Ubetit

    Ubetit LawnSite Member
    Posts: 39

    Way too many unanswered questions for me to settle. I have a 35' tree that needs to be removed along with the soil. I would have never planted this tree where it is but we bought a foreclosure, it is what it is. The tree is by my sump pump drainage, irrigation system, natural gas line and pet fence. The 15% additional isn't enough to have my gas company unhook while this work goes on.
  9. redcabo7

    redcabo7 LawnSite Member
    Posts: 18

    For all of those who are settling, you are required to provide your Social Security Number therefore you will be paying taxes next spring.
  10. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Check with a tax expert first. I doubt this very much. But, companies who used Imprelis and got reimbursed by Dupont for doing some leg work on their behalf with documenting damage of homeowners' properties may have to pay taxes since I understand some received W-2s. Just because SS#s are asked for doesn't necessarily mean the IRS is involved with the homeowners side of things. You don't normally pay taxes when you receive a settlement from a car accident either. An injured party doesn't make a profit from being compensated for their loss. Some are never truly made whole anyhow. Check with a tax expert for what part of settlements or court judgements are taxable. Only certain things apply. These settlements aren't profit and for many they don't seem to even cover their full true damages at this point (see above comment about cost of gas line removal/replacement).

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