The Documented Record

The Problem

Everything below is a photograph taken in the house, a written estimate from a licensed Hawaii contractor, or a Hawaii statute. Nothing here is opinion. It began as a floor. On September 29 it became the framing of the house.

September 29: termite damage found in the framing, and the joists cut by the repair saw.

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Terminix owed a repair. Its contractor put red oak where white oak was, cut it short of the walls, skipped the sanding, and finished it anyway. He admits the short cut in writing. A licensed contractor says $24,802.61 puts it right. Terminix has offered $15,000. The family would rather have the floor.

What She Paid For

Miss Lee, 77, has held a Terminix Drywood Termite Defend plan with a damage repair guarantee on her home in Waialae Iki, Honolulu, since September 2020, when she also paid Terminix roughly $10,000 to fumigate the house. The promise is simple: if termites damage the house, Terminix arranges and pays for a contractor to repair it. A repair puts back what was there. She paid every year.

In 2026, termites damaged the hardwood floors in her great room, which is the living and dining room together, and in her office. Terminix accepted the claim and sent a licensed contractor of its choosing, Makainai Construction LLC. The scope of work Terminix paid on is on the contractor's own letterhead: “Estimator: Solomon Makainai.” He wrote his own scope. The work ran from August 5 to August 19, 2026.

This was the first time she asked Terminix to keep its end of the deal.

What Was Installed

1
Wrong species. The original floor was white oak. Red oak was installed. Identified by the lumber vendor that filled the order, Pacific American Lumber, and by an independent contractor. The contractor himself said he used red oak. Red oak is softer, more porous, takes stain differently, and costs less. The repaired rooms will never match the rest of the house.
2
No expansion gaps. Boards were jammed tight to the walls. NWFA installation guidelines call for roughly a 3/4 inch gap at every wall and vertical obstruction. Without it the floor cups and buckles when humidity changes. In Honolulu, humidity always changes. It already has: the family reports that the small gaps present at installation, at the slider and elsewhere, have closed in the weeks since. The boards are taking on moisture and expanding with nowhere to go.
3
No acclimation. The wood was nailed down as delivered. NWFA guidelines call for flooring to reach moisture equilibrium with the house before installation. On August 13 the family warned the contractor in writing that raw wood meeting Hawaii's humidity would swell, cup, and warp. He replied: "Yes. I am aware of this," said wood "reacts to a lot of different things/elements," and installed it without acclimating it anyway.
4
121 feet of baseboard cut around, not removed. The contractor left the baseboards in place and cut the flooring to meet them. Sent a photo of boards stopping short of a jamb on August 20, he replied: "That's 5/8". Quarter round is 3/4"." The quarter round is there to hide the cut. There is more to it than the gap. Strip flooring nailed across the joists stiffens a floor the way plywood sheathing does, but only when the field runs to the wall and is nailed off at the perimeter, where it ties into the framing. Cut short, the last boards stop in open air, unsupported at their ends, and the whole floor loses that edge restraint. A flooring professional told the family this is a structural shortcut, not a cosmetic one. It is one more reason the fix is removal, not trim.
5
Sanded with palm sanders, then finished anyway. Mill marks and saw chatter are still visible on the surface of the boards. Cross-grain scratches run through the finish. A drum sander removes these in one pass. Palm sanders do not. The scope of work said "no finish." Two coats went on.
6
Putty in the joints, and no blocking. Gaps at board ends were filled with wood filler instead of the boards being fitted. Other joints have opened since. In several corners the boards give underfoot because there is no blocking beneath them.

The Contractor, In His Own Words

Text messages between the family and the contractor Terminix chose, August 13 to 20, 2026. His phone number is cropped out. Nothing else is.

August 13, 2026. The family warns the contractor in writing that raw wood and Hawaii's humidity mean cupping, warping, and finish failure. He replies: “Yes. I am aware of this.”
August 13, 2026. The family warns the contractor in writing that raw wood and Hawaii's humidity mean cupping, warping, and finish failure. He replies: “Yes. I am aware of this.”
August 13 to 14, 2026. He will sand “after all flooring is down to finish at the same time.”
August 13 to 14, 2026. He will sand “after all flooring is down to finish at the same time.”
August 15 to 19, 2026. Comings and goings.
August 15 to 19, 2026. Comings and goings.
August 19, 2026, the last day. A hole still in the bedroom floor, cleanup under the house still owed, “2nd coat drying now.” The scope said no finish.
August 19, 2026, the last day. A hole still in the bedroom floor, cleanup under the house still owed, “2nd coat drying now.” The scope said no finish.
August 20, 2026. “The wood flooring is cut too short,” with the photograph.
August 20, 2026. “The wood flooring is cut too short,” with the photograph.
August 20, 2026. His answer: “That’s 5/8″. Quarter round is 3/4″.” The boards stop short of the wall and the quarter round is there to hide it.
August 20, 2026. His answer: “That’s 5/8″. Quarter round is 3/4″.” The boards stop short of the wall and the quarter round is there to hide it.

The Day the Work Ended, and Two Weeks Later

August 19, 2026, the last day of work, and September 2, 2026. Close-ups of the finished surface.

Sep 2: a gouge cut into the face of a finished board. Raw wood exposed. Finish applied over it.
Sep 2: a gouge cut into the face of a finished board. Raw wood exposed. Finish applied over it.
Sep 2: a second gouge, a notch into the board with the grain exposed in the bottom of it.
Sep 2: a second gouge, a notch into the board with the grain exposed in the bottom of it.
Sep 2: scratches running across the grain, left by a palm sander, under the finish.
Sep 2: scratches running across the grain, left by a palm sander, under the finish.
Sep 2: board jammed tight to the door trim. No gap.
Sep 2: board jammed tight to the door trim. No gap.
Aug 19, the last day of work: planer marks never sanded off, board hard against the wall.
Aug 19, the last day of work: planer marks never sanded off, board hard against the wall.
Aug 19: mill marks on the surface, and a board that does not match its neighbors.
Aug 19: mill marks on the surface, and a board that does not match its neighbors.

The Walkthrough

Photographs taken in the house on September 21 and 22, 2026.

Sep 22: the great room. Red oak where white oak was.
Sep 22: the great room. Red oak where white oak was.
Sep 22: the same room from the other side.
Sep 22: the same room from the other side.
Sep 22: low sun across the floor shows mill marks on every board.
Sep 22: low sun across the floor shows mill marks on every board.
Sep 22: planer chatter never sanded off.
Sep 22: planer chatter never sanded off.
Sep 22: boards slipping apart at the end joint.
Sep 22: boards slipping apart at the end joint.
Sep 22: open joint, quartersawn next to flatsawn.
Sep 22: open joint, quartersawn next to flatsawn.
Sep 22: sun stripe shows open end joints across the run.
Sep 22: sun stripe shows open end joints across the run.
Sep 22: boards run parallel to this wall. They expand toward it. There is no gap.
Sep 22: boards run parallel to this wall. They expand toward it. There is no gap.
Sep 22: board ends jammed to the window wall. Baseboard never removed.
Sep 22: board ends jammed to the window wall. Baseboard never removed.
Sep 22: raw board end tight to the door jamb.
Sep 22: raw board end tight to the door jamb.
Sep 22: a length of quarter round laid at the jamb to cover the gap where the flooring stops short.
Sep 22: a length of quarter round laid at the jamb to cover the gap where the flooring stops short.
Sep 22: the floor runs to the baseboard with no gap at all. The quarter round on the tape is what was meant to cover that.
Sep 22: the floor runs to the baseboard with no gap at all. The quarter round on the tape is what was meant to cover that.
Sep 22: slider door. No threshold, no reducer, subfloor exposed.
Sep 22: slider door. No threshold, no reducer, subfloor exposed.
Sep 22: exposed face nail at the jamb.
Sep 22: exposed face nail at the jamb.
Sep 22: burn mark left in the finished surface.
Sep 22: burn mark left in the finished surface.
The samples sent to the USDA: white oak from the pre-existing floor, left; red oak the contractor installed, right.
The samples sent to the USDA: white oak from the pre-existing floor, left; red oak the contractor installed, right.

Behind the Baseboards

The contractor cut the new floor around the baseboards instead of removing them. On September 25 the family took one baseboard off and found termite damage in the wall behind it. On September 29, with Terminix's inspector Tadashi in the room, the family opened the drywall about six inches above the floor around the whole great room, and higher at the ocean corners.

Drywood termite tunnels run from the old floorboards into the bottom plates of every wall, through the blocking under the floor, and up the corner posts at both ocean corners. At the right ocean corner, where the flooring was cut along the baseboard, the saw went about two inches into the joists that carry the room. Every place is pinned below. Tap a pin for the photographs.

Look at the frass. It was pouring out of that wall onto the new floor, at every place the old boards met the wall. Anyone who took a baseboard off would have seen it, and a licensed contractor who saw it would have had to report it. Cutting the floor along the baseboards was the one method that left it unseen. The claim stayed the size of a floor.

Ocean windows

Side windows

Solid wall

The great room

Toward the kitchen

Termite damageSaw cuts in the joistsExpansion gap closedSchematic, not to scale. Tap a pin.

What a Licensed Contractor Said the Floor Would Take

On September 3, 2026, Flooring Specialist Inc. (Hawaii contractor license CT-33719) issued Estimate 5543 for the house. Job name: “replace oak.”

Remove red oak flooring, install blocking, install white oak flooring610 sq ft
Unfinished 2 1/4 inch white oak658 sq ft
Sand, seal and finish; adjust expansion gaps; let wood acclimate610 sq ft
Custom threshold and reducer; white oak quarter round
Total, including tax$24,802.61

The estimate says, in the contractor's own words, that the existing floor is red oak, that it must come out, and that the gaps and acclimation must be corrected. It was written on September 3, for the floor, before anyone had looked behind the baseboards. The framing and the cut joists are not in it. That repair has not yet been priced.

What Terminix Has Done Since

September 17, 2020

Miss Lee signs the Terminix Drywood Termite Defend plan and pays Terminix about $10,000 to fumigate the house.

June 8, 2026

The contractor writes the scope of work on his own letterhead, and Terminix accepts it: "R&R Oak flooring, clear grade, no finish." Just oak.

August 5, 2026

The contractor Terminix chose starts work. Jody asks Jesse-Ann, who prepares his scopes, what the job covers. She is told: baseboards off, floor in, baseboards back on. The scope Terminix later sent shows no baseboard removal, and every dollar amount on it is blank.

August 13, 2026

The family warns the contractor in writing that raw wood and Hawaii's humidity mean cupping and warping. He replies that he is aware, that wood reacts to the elements, and that he will sand and finish once the flooring is down.

August 19, 2026

Work ends with a second coat of finish drying, a hole still in the bedroom floor, and debris under the house. First photographs. The family asks Terminix in writing for the signed repair contract.

August 20, 2026

Shown the flooring cut short at a jamb, the contractor replies that the 5/8 inch gap is covered by 3/4 inch quarter round. The family tells him to stop and asks Terminix to take it from here. The family has not accepted the service as complete or satisfactory, and says so in writing.

August 31, 2026

The Terminix claims representative says the branch manager will call to arrange an inspection. The call never comes.

September 3, 2026

A licensed Hawaii flooring contractor inspects the floor and estimates $24,802.61 to remove the red oak and do it right. The family sends it to Terminix.

Mid-September 2026

Two Terminix employees look at the floor for the first time. Terminix offers $15,000.

September 21 and 22, 2026

Side-by-side photograph of the original white oak and the installed red oak. Full walkthrough, 38 photographs.

September 25, 2026

The family removes a section of baseboard on the east wall and finds termite damage in the wall framing behind the new floor: sheetrock eaten through, the filler block under the plate hollowed out, fresh frass. Photographs at ourterminixstory.com/update. Terminix is asked to inspect under Section 5.

September 29, 2026

With Terminix's inspector present, the drywall is opened around the whole great room. Termite tunnels run from the repaired floor into the plates, the blocking under the floor, and the posts at both ocean corners. At the right ocean corner, the repair saw cut about 2 inches into the joists that hold up the room. The map and photographs are at ourterminixstory.com/update.

September 30, 2026

Terminix writes that the branch has confirmed the inspected termite damage, and offers to send its contractor to scope the repair. The family chooses to send Terminix an estimate from its own licensed contractor, the same way the floor was priced.

Late September 2026

Samples of both floors are sent to the USDA Forest Products Laboratory for an independent species determination. The signed repair contract has still not been provided.

October 4, 2026

The family replies to Terminix: it will send an estimate for the framing. The saw cuts in the joists, found after the inspector left, are put in Terminix's file in writing, and Terminix is offered a second look at the house with the walls left open.

November 1, 2026

J. Powers Construction, LLC, a Hawaii-licensed general building contractor (license BC-29576), examines the framing and writes the scope and estimate for the repair: $63,000.00 plus tax, materials and labor. Shore the roof, remove the windows, replace the posts, plates, sills and headers, rebuild both window walls to the original dimensions, put everything back. The scope is at ourterminixstory.com/update. It goes to Terminix for approval and payment by check, as the floor did.

What Hawaii Law Says

Hawaii Revised Statutes section 480-2 makes unfair or deceptive acts or practices in trade unlawful. Paying a contractor without inspecting the work, presenting a cheaper species as a repair to a 77-year-old customer, withholding the scope of work until a power of attorney was produced, and never providing the signed repair contract is the kind of conduct that section reaches. This site describes the conduct and cites the statute. It calls it nothing else.

Section 480-13 gives an injured consumer three times actual damages plus attorney fees and costs. When the consumer is an elder, 62 or older, the floor is $5,000. Miss Lee is 77. Section 480-13.5 adds a civil penalty of up to $10,000 per violation when the victim is an elder. On a $24,802.61 repair, that arithmetic is the reason doing the job is the cheap option. Complaints about licensed contractors go to the Regulated Industries Complaints Office under Chapter 444, and about pest control operators to the Pest Control Board under Chapter 460J.

Others Before Her

Public awards against Terminix where it did not make the customer whole. Each one verified against the published report. Read them next to the floor cut along the baseboard: a small repair, a quick check, and the damage behind the wall left where nobody would see it.

$25,878,087.84

Archdiocese of Mobile v. Terminix. Arbitration award, March 19, 2026.

Including $8.6 million in punitive damages. The panel found termite activity “was allowed to continue and worsen across several properties over many years, even though service agreements were in place.”

$801,285

An elderly homeowner v. Terminix. Arbitration, Mobile, Alabama, 2022.

$351,285 in damages and $450,000 punitive. The arbitrator found Terminix concealed that “no true fix was ever made,” and that when damage surfaced it “offered minimal repairs and cash settlements to avoid larger payouts.” Terminix has offered this family $15,000 against a $24,802.61 repair.

2,920

Better Business Bureau complaints against Terminix closed in the last three years.

Not BBB accredited.

What happens next

There is a fix. It is bigger than it was.

The Solution