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

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

  1. bailter

    bailter LawnSite Member
    Messages: 27

    Get Dupont to pay you for the removal. I got $5000 extra by doing so. Then if you don't want to remove them, you get to keep this extra cash, or hire someone to do some of them, or say them down and burn them yourself
  2. ramtrolll

    ramtrolll LawnSite Member
    Messages: 8

    i got my money you think its too late? maybe i'll call and say "my guy will do it for a $1000 less"
  3. fletchccc

    fletchccc LawnSite Member
    Messages: 2

    This forum has quieted down a bit. Just read all 100 pages and have a couple of questions. I received my offer from Dupont and need advice.

    I will use 5 years additional grown projections to their tree height after I laser measure to ensure they are accurate. I know they are WAY off on circumference of a tree. Does this matter for compensation, or is just height?

    I plan on using my Golf Laser, stand back 20 yards or so, shoot the bottom of the tree, then the top of tree and use algebra? A2+B2=C2, right? Any other advice?

    I have their offer per foot of tree height but how should I find their values for trees that are that height plus 5 years?

    I also have a 70 foot tree that is dead as all get out that I had already cut all limbs off due to power lines. The inspector rated it a zero because all limbs were gone but it's within feet of the other 8 trees of same species that all were rated 4-5. Unreasonable to believe this tree shouldn't get compensated.. So 5 years growth (past and future till soil is o.k.) would put it closer or above 80 feet. How should I even begin to value that tree as it's the tallest of my bunch and I therefore have no reference on their listed charts.. when it was inspected the guy told me he made plenty of notes that the tree was toast but it didn't show scars because limbs were all cut off already.

  4. fletchccc

    fletchccc LawnSite Member
    Messages: 2

    Found a chart for all heights..

    So, in my counter offer, should I list the correct tree hight with projected missed growth and use THEIR values per tree? or should I up it since we all believe they are worth more than that?

    the 15% additional compensation is too light. my property values have diminished because of these trees that all served a specefic purpose to the lot.. Lots in our area are valued specifically for the mature trees. what % additional should I ask for or are they going to tell me to jump in a lake?
  5. Da Forest

    Da Forest LawnSite Member
    Messages: 7

    Good Luck getting anything out of them based on my experience. The first survey was 20 some odd trees. I said it was substantially more then that. They sent out Davey to do another survey and came up with 40+ missing a whole section of property on the second survey. I paid for a survey and it was over 100. They said they won't consider the independent survey, letter from an Arborist, or photographic evidence I submitted in support including aerial view. They are offering about 15% of the actual damage and said I could appeal if I didn't like it.
  6. bailter

    bailter LawnSite Member
    Messages: 27

    So appeal. I put in my appeal that I would not allow anyone on my property without my being there and that they had to notify me in advance. Worked for me, got every possible tree rated and was able to argue about ratings I disagreed with. Also made up a measuring stick to measure tree height which they used while here. Got to stick up for your rights.
  7. Da Forest

    Da Forest LawnSite Member
    Messages: 7

    I am working on the documentation for the appeal. The current process clearly notes it does not provide for a site visit when filing an appeal. Part of my problem with the CRA is they missed 66 trees, refuse to do another survey and ignore mine done by an Arborist trained in the DuPont claims process by his former employer. Understandable they would rather pay for 40+ trees rather than 100+. Aother issue is they classified about fifteen or so 35' trees a 2 when the top 5-6 foot is dead and the whole tree is clubbed. That is a substanital amount of money by itself. I did not consider they would approach this from a fraudulent perspective before the opt out period passed. I figured at worst we would argue condition but that is not to be the case it appears. Very dissapointed to say the least and now must prepare to do what I can and deal with the 9 Billion dollar DuPont corporation.
  8. ImpDamage

    ImpDamage LawnSite Member
    Messages: 2

    I live in Michigan. The transfer of residential property in the State of Michigan must comply with the Seller Discloser Act, Act 92 of 1993. The Seller Discloser Act requires the seller to complete a Seller’s Disclosure Statement. On Page 4 of the Seller Discloser Act under the heading ‘Property conditions, improvements & additional information’ is the following statement:

    10. Environmental Problems: Are you aware of any substances, materials, or products that may be an environmental hazard such as, but not limited to, asbestos, radon gas, formaldehyde, lead based paint, fuel or chemical storage tanks and contaminated soil on the property.

    In August of 2011, the United States Environmental Protection Agency (“EPA”) issued a Stop Sale, Use, and Removal Order to DuPont for its Imprelis product. The EPA has banned the sale and use of Imprelis.

    Should Imprelis contaminated soil be listed as ‘contaminated soil’? Even if the Imprelis dilutes over time, the tree roots retain higher concentration of Imprelis longer than the soil.

    Has anyone encountered having to disclose Imprelis as a contaminated soil?
    Last edited: Sep 22, 2013
  9. rosewater

    rosewater LawnSite Member
    from SALINE
    Messages: 63

    It is my understanding that you have to disclose this on the Seller's Disclosure in Michigan. I also live in Michigan and we will be listing our property in the Spring.
  10. Ubetit

    Ubetit LawnSite Member
    Messages: 39

    Judge Pratter has officially granted final approval of the class action settlement. Hopefully we can get our individual cases settled sometime before 2016

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