January 1, 1970 · FLEMING | NOLEN | JEZ, L.L.P.
Dupont’s Global Business Leader, Michael McDermott, recently announced a claims resolutions process for golf course superintendents and others who used IMPRELIS® and now have damaged and dying trees.
The claims resolutions process offers to pay for removal, disposal and replacement costs of damaged evergreen trees only. It does not address other trees, shrubs or ground covers that have suffered from the negative effects of IMPRELIS®.
DuPont’s attempt at claims resolution only seeks to cut its losses. It fails to take into account many other measures of damage unique to the varying properties which used IMPRELIS® and now have dead and dying trees. Specifically, a golf course may be entitled to damages for the following:
- Removal, Disposal and Replacement Costs of trees & shrubs that are not evergreens
- Diminished Property Value as a result of loss of trees that were yardage makers, were in play, or contributed to a course’s rating.
It will be important for golf course superintendents to have their course’s potential claim properly documented and evaluated by an expert landscape economist or arborist. An expert would be able to provide complete damage assessments, economic valuations, work audits and testimony regarding the damages caused by IMPRELIS®.