Riding Herd on Pest Control Companies: A Few Things to Keep in Mind
Nothing makes Florida home and condo owners (and their associations) more nervous than hurricanes. In close second, though no less destructive, are termites, and the sometimes disreputable pest control companies that get hired to control them.
January 03, 2019 at 09:17 AM
4 minute read
Nothing makes Florida home and condo owners (and their associations) more nervous than hurricanes. In close second, though no less destructive, are termites, and the sometimes disreputable pest control companies that get hired to control them.
If hiring a pest control outfit is on your to-do list, here are a few things to keep in mind:
Consider a regional company: If you are going to encounter problems with pest control companies, they are more apt to come from either end of the size scale—either small, underfunded companies or the enormous, megalithic national outfits. The regional companies in the middle of the size spectrum are more likely to be financially secure, and more intimately familiar with the pest issues that are unique to your area.
Read the contract CAREFULLY: And read the back of the contract, too, because that's where the disclaimers may be hiding. Letting your attorney read it is a good idea, as well.
It is the disclaimers that are often at the basis of court cases involving pest control companies. Here is an example of an important disclaimer: “Moisture conditions,” which can release a pest control company from all responsibilities. What Florida problem doesn't have moisture conditions of one kind or another?
Watch out for arbitration clauses: If there is an arbitration clause and you sign it, it may prevent you from ever taking the pest control company to court. Arbitration can sound like an attractive way to settle a dispute, and sometimes it is. But it can also mean that you are cut off from going to court if the arbitration decision is not in your favor.
Before you sign the contract, negotiate all the disclaimers as well as the arbitration clauses. Make them go away.
Of course, not every little thing in pest control company contracts is necessarily bad. For example, you may be offered a repair guarantee or bond for an additional fee. These usually offer some important additional protection against future pest damage. And a lifetime guarantee of protection is just that, as long as you pay the renewal fees.
Now, if you've successfully maneuvered your way through the preliminaries, it's time for the actual treatment process to begin. It's always a good idea to accompany the technicians as they do their work, even if you don't have a clue about what they are doing. If you are there watching, shortcuts are less likely to happen.
Once the treatment is done, make sure you insist on getting a written report. This report is required by Florida law, so don't let anyone tell you otherwise. If you don't get a detailed report, don't be signing any checks.
The company will come out every year for a re-inspection, and it is equally important to you to observe this process, too. You'll get a new report at this time, too—insist upon it.
These re-inspections are important, and not every company does them the way they are supposed to be done. If your community has 300 or 400 units scattered across 15 or more buildings, remember that every single building has to be carefully looked at, and that can take several days if the job is left to a single technician. If you go along, there's a much better chance that the inspection process will be done right.
Some condo owners may not be happy with the disruption that the inspections may cause, so make sure the owners get plenty of advance notice.
What do you do if you spot termite damage between the annual inspections? Alert the company promptly, and make sure your condo owners are instructed to report any signs of wings, mud tubes or trails. If you notify the company by telephone, follow up with a letter or fax. Also, it's best to keep a log of the contacts you have with the company, so you can prove when and how you notified them.
The sooner you find termite activity, the sooner you can address it.
Pete Cardillo is the founder of the Tampa-based firm of Cardillo Law Firm, which concentrates on termite-related legal matters.
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