[Problems & Solutions] Answers to your tough pest questions

Editor’s note: The following is based on a letter Rambo received from a homeowner.

A CONSUMER LETTER

Q I have a pest management firm but before I hired them, my $1.5 million home sustained $9,000 in termite damage, about which we are now involved in a lawsuit. The defense attorney told the court there were "industry standards" in determining the amount of termite damage done to a home and what repairs need to be made. He stated that the pest control company does "limited" tear outs and if the company goes so many feet without finding damage they conclude there is no more damage. I have inquired with many industry experts, including national and state builders’ associations, and they have never heard of such standards. Your thoughts?


A This is an interesting letter. My answer was not an easy one because I do not know the parameters of the damage claimed, and cannot reflect on the structure. However, there are a couple of issues for pest management professionals to consider.

The first thing is that the pest control company is obviously doing some repairs. I would hope the pest control company has the necessary insurance to run a structural repair business, along with the proper licenses. Companies that perform repairs should have a set of protocols and guidelines for repairing termite damage (I too cannot find any "industry standards" for repairs). Many adjusters, architects and historical societies have guidelines they follow but they do not consider them industry standards. One way of setting a standard is to survey repair companies and find out their procedures. If they do repairs in the manner previously mentioned then it would become an industry standard (or at least a common industry practice) and would be presented that way in court.

Next, where do you stop with damage? Are we (they) saying that just because the company opens a wall surrounding known damage and finds none, that there is no more damage in the structure? This is a remarkable statement as we do not know what is hidden in walls and we go out of our way to inform the homeowner or customer that we cannot guarantee there is no damage in the structure. We say this even when we do not see visible damage, so, maybe there is a double standard. So there is a question here: If the homeowner was informed of such a statement, then opening walls and finding damage is their responsibility, not ours, and if they do not find anything they pay for the restoration of that wall. If they do, we start negotiating. As usual, damage warranties, repair clauses in contracts and the inspections process all will be scrutinized.

The author is president of George Rambo Consulting Services, Central, S.C. Fax questions to him at 864/654-2447.

November 2004
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