Extensive termite damage: can pest company be forced to pay for damages

[Anonymous]

We built a new house in Arlington approximately 5 years ago. 2 years ago we notices a small spot on the ceiling of our living room. We immediately hired a termite company -they came put out bait traps and told us their work was guaranteed. Fast forward, the next year we renewed our contract and they came and replaced the baits and spot treated the new area. I requested they send a more senior person and they never did but we never saw more evidence so we assumed the bait traps were killing off the colonies slowly. Well this year, we had a massive infestation show up and our contractor showed up to our house suggested we open up the walls to investigate damage. We discovered extensive damage on our main level and found the massive colony was under our patio and came into the walls under the doorframe. Once I got firm and requested the termite company send out a supervisor, they proactively treated with liquid treatment around the perimeter of the house. Unfortunately, because this was not done from the beginning we now have approximately 30K dollars worth of damage. We have documented everything. Is hiring a lawyer the only path to make the termite company pay for the damages? We're not litigious people and don't want to go that route but we would not be in this situation if they treated the house with termidor the first year they came. Any advice is appreciated.

[Anonymous]

Did you pay for a termite bond? If so, they are liable. If not, then good luck

[Anonymous]

Read your contract. Most modern contracts only require the company to come out and re-treat at no additional cost.

[Anonymous]

Did they not discuss tenting? They will spot treat but seem to always be upfront about the limitations of that.

[Anonymous]

Anonymous wrote:Did you pay for a termite bond? If so, they are liable. If not, then good luck

Can a company really guarantee that their services will kill the termites or they will be liable for the damage? I don’t know a lot about termites so not sure how easy they are to get rid of.

[Anonymous]

I don't think anyone here knows about termites in this area bc tenting is not designed for these types of termites. The termites in this area are subterranean and only survive underground. I would contact a lawyer.

[Anonymous]

Baiting is to see if you have termite activity. If you do you need to trench or tent. What they did was bizarre.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Did you pay for a termite bond? If so, they are liable. If not, then good luck

Can a company really guarantee that their services will kill the termites or they will be liable for the damage? I don’t know a lot about termites so not sure how easy they are to get rid of.

I live in an area with terrible termite issues, and a termite company is liable for damages if you have a bond, but not a simple contract for treatment. New bonds are very difficult to get these days.

There has been class action litigation with Terminex in some states regarding failure to properly treat and they were found liable for damages. You should look it up, but the litigation took decades, and in some cases, there was no treatment at all.

[Anonymous]

did you have a contract or bond? Bond's protect more than contract.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Did you pay for a termite bond? If so, they are liable. If not, then good luck

Can a company really guarantee that their services will kill the termites or they will be liable for the damage? I don’t know a lot about termites so not sure how easy they are to get rid of.

I live in an area with terrible termite issues, and a termite company is liable for damages if you have a bond, but not a simple contract for treatment. New bonds are very difficult to get these days.

There has been class action litigation with Terminex in some states regarding failure to properly treat and they were found liable for damages. You should look it up, but the litigation took decades, and in some cases, there was no treatment at all.

This. Payment for damages is the point of the bond and it's priced into the cost of a bond.

[Anonymous]

Anonymous wrote:We built a new house in Arlington approximately 5 years ago. 2 years ago we notices a small spot on the ceiling of our living room. We immediately hired a termite company -they came put out bait traps and told us their work was guaranteed. Fast forward, the next year we renewed our contract and they came and replaced the baits and spot treated the new area. I requested they send a more senior person and they never did but we never saw more evidence so we assumed the bait traps were killing off the colonies slowly. Well this year, we had a massive infestation show up and our contractor showed up to our house suggested we open up the walls to investigate damage. We discovered extensive damage on our main level and found the massive colony was under our patio and came into the walls under the doorframe. Once I got firm and requested the termite company send out a supervisor, they proactively treated with liquid treatment around the perimeter of the house. Unfortunately, because this was not done from the beginning we now have approximately 30K dollars worth of damage. We have documented everything. Is hiring a lawyer the only path to make the termite company pay for the damages? We're not litigious people and don't want to go that route but we would not be in this situation if they treated the house with termidor the first year they came. Any advice is appreciated.

when you built your house, the foundation had to be treated for termites. You should also check with the builder about that.

https://www.vapesticidesafety.com/Pre_construction_termite.shtml

[Anonymous]

when you built your house, the foundation had to be treated for termites. You should also check with the builder about that.

https://www.vapesticidesafety.com/Pre_construction_termite.shtml

DP. Useful link. Thanks.

[Anonymous]

Op what’s the exterior material of your house? Is it stone/brick at least a foot or two up around the entire perimeter?