The Demand

The Solution

Nothing here is punitive. Nobody is trying to make money. This is what it takes to give Miss Lee the floor she paid Terminix for. Thirty days from the date of the demand letter.

Seven Things, Thirty Days. Or One.

1

Remove the entire red oak installation.

The great room and the office. All of it. A partial fix leaves a floor that will never match and will still cup and buckle.

2

Install white oak, matched to the original.

The original floor was white oak. A repair puts back what was there. Unfinished 2 1/4 inch white oak, matched to the rest of the house.

3

Use a new, Hawaii-licensed installer.

Not Makainai Construction. A contractor licensed under HRS Chapter 444, named in writing before work begins.

4

Acclimate the wood before installing it.

Delivered to the house and brought within NWFA moisture tolerance of the subfloor, with readings recorded, before a single board is nailed.

5

Remove and reinstall all 121 feet of baseboard.

So the floor can have the expansion gap it was never given. Cutting around the baseboard is what caused the problem.

6

Sand, seal, and finish properly.

Drum sander, not palm sanders. No mill marks, no cross-grain scratches, no putty in the joints. Finish matched to the existing floor.

7

Produce the signed repair contract.

The family has asked for the signed contract between Terminix and its contractor and has not received it. It is her claim.

8

Or pay the estimate and step back.

At Terminix's election, pay $24,802.61 to Flooring Specialist Inc. against Estimate 5543 and the family will manage the repair. Either path ends this.

If Terminix Does Not Perform

The family will file for arbitration with the American Arbitration Association under Section 20 of the Terminix agreement, in Hawaii, seeking specific performance of Section 5 and every remedy Hawaii law allows, and will file complaints with the Regulated Industries Complaints Office, the Office of Consumer Protection, and the Pest Control Board.

The arithmetic: the licensed estimate is $24,802.61. Under HRS 480-13 an elder consumer recovers three times actual damages, with a $5,000 floor, plus attorney fees and costs. HRS 480-13.5 adds up to $10,000 per violation. Terminix has offered $15,000. The gap between that offer and the estimate is $9,802.61. The gap between that offer and the exposure is a great deal larger.

Doing the job is the cheap option.

Explore the Record

Every photo, the estimate, the timeline, and the Hawaii statutes are searchable through Konani. Ask any question. You will get dates, photos, and sources.

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Miss Lee paid Terminix so that when termites came, someone would fix her floor. Termites came. This is what she got.

She would rather just have her floor.