termite damage, my responsibility?

[walken]

What is the name of your state? Pennsylvania

First, I apologize if this is not the correct place to post this, this is my first visit. On April 20, 2004, Terminix installed a baiting system at my home. Last week I had hundreds of swarmers so I called Terminix and they sent out a service technician. He inspected and sprayed tim-bor in my basement and then proceeded outside. With a screwdriver, he banged away a section approximately one foot high and three feet long of our T-1 11 siding and plywood, exposing floor joists. The section that he tore apart had been eaten by termites, and there were live termites in it. He sprayed the damaged section of my outside wall with tim-bor also. When he left, I called the manager because 1) the section of the outside wall the the technician tore apart was NOT charted on my graph last year as having visible damage and, 2) because my contract states that Terminix is responsible for any new damage. The manager came to my home yesterday and told me that because of how bad the damage is, he can tell it's old damage, and that on a visit last year when I was not home, he pointed that section of wall out to my husband and told him it was going to need fixed. My husband does not remember the conversation, but if the damage was visible to the manager in August, shouldn't it have also been visible to the inspector in April during the initial visit, 4 months prior. My question is this: is it my responsiblity to pay for repairs to the damaged wall. My feeling was that because that section of wall was NOT charted on the graph of my home last year as having visible damage, because the baiting system has been in place for 12 months now and there were live termites in the damaged section, and because the technician, without my consent, tore part of my wall apart, that I would not be responsible. I could be totally wrong though. I am just hoping for a second opinion. Any help or suggestions would be greatly appreciated, thank you!