What is the name of your state (only U.S. law)? California
We are building a patio onto our house. In the course of construction, we purchased wood from a local retailer. The weekend following, and over the next weekend after that, the wood (consisting of large beams, plywood and OSB), I processed the wood and stained it with a good stain.
On the third weekend, when I went to finish staining, I lifted the stacked wood and noted many small, winged termites (have pictures, they were identified as termites by our local bug control person) running around. This weekend turned out to be way above average temperatures (record breaking, as it turns out) whereas the previous several weeks had been relatively cool. Anyway, the underside of many of the beams had many small holes (which were easy to see against the dark stain). I did not notice any insects while I was staining any of the wood on the prior weekends.
It turns out that some of the beams had been added to the house already, prior to the discovery of termites. So now we are looking at termites potentially on the attached structure. In fact, upon inspection I did find termites on the beams that had been installed. I also noted discarded wings under joints and on concrete around the wood as well as some small holes in the wood (again, easily identifiable against the dark stain).
In addition, a subsequent order of wood from that same place revealed a small number of termites upon delivery (as witnessed by my contractor. I don't have photos of that, though). The second order was placed prior to the discovery of termites.
After identifying the termites, my wife recalled seeing a small quantity of termites initially around the wood after the first day it was delivered, but at that time assumed they were just winged ants or some other insect.
We contacted the wood company, and after a few exchanges they found termites at the mill where our wood came from (we have an email stating such). We contracted a bug company to inspect the house for termites, and they recommended tenting the house, since the termites could "be anywhere". This company has been used by us for several years, and they have records showing the property as generally termite free (except for a small area on a fence away from the house and in a window sill on a detached garage). The bug company has provided the inspection reports and history to the wood company.
My theory is that during the heat of that weekend, the termites were activated to come out of the wood to travel/reproduce/find new homes and that the termites were present in the wood the whole time.
The wood supplier is claiming some responsibility, but believes we have a part in the responsibility as well, since we installed the wood on the house, and since it was some number of weeks before any issue was reported.
My question, finally, is: Do we have any responsibility? And if so, what is a fair percentage? I want to believe that we do not because it is reasonable to assume the wood is free of termites and therefore safe to install. Had we known about the termites, we most assuredly would not have installed the wood. In any case, I am interested in being completely fair with the wood company and would appreciate your opinion on what a fair settlement might look like.
Thanks for your help and suggestions!
We are building a patio onto our house. In the course of construction, we purchased wood from a local retailer. The weekend following, and over the next weekend after that, the wood (consisting of large beams, plywood and OSB), I processed the wood and stained it with a good stain.
On the third weekend, when I went to finish staining, I lifted the stacked wood and noted many small, winged termites (have pictures, they were identified as termites by our local bug control person) running around. This weekend turned out to be way above average temperatures (record breaking, as it turns out) whereas the previous several weeks had been relatively cool. Anyway, the underside of many of the beams had many small holes (which were easy to see against the dark stain). I did not notice any insects while I was staining any of the wood on the prior weekends.
It turns out that some of the beams had been added to the house already, prior to the discovery of termites. So now we are looking at termites potentially on the attached structure. In fact, upon inspection I did find termites on the beams that had been installed. I also noted discarded wings under joints and on concrete around the wood as well as some small holes in the wood (again, easily identifiable against the dark stain).
In addition, a subsequent order of wood from that same place revealed a small number of termites upon delivery (as witnessed by my contractor. I don't have photos of that, though). The second order was placed prior to the discovery of termites.
After identifying the termites, my wife recalled seeing a small quantity of termites initially around the wood after the first day it was delivered, but at that time assumed they were just winged ants or some other insect.
We contacted the wood company, and after a few exchanges they found termites at the mill where our wood came from (we have an email stating such). We contracted a bug company to inspect the house for termites, and they recommended tenting the house, since the termites could "be anywhere". This company has been used by us for several years, and they have records showing the property as generally termite free (except for a small area on a fence away from the house and in a window sill on a detached garage). The bug company has provided the inspection reports and history to the wood company.
My theory is that during the heat of that weekend, the termites were activated to come out of the wood to travel/reproduce/find new homes and that the termites were present in the wood the whole time.
The wood supplier is claiming some responsibility, but believes we have a part in the responsibility as well, since we installed the wood on the house, and since it was some number of weeks before any issue was reported.
My question, finally, is: Do we have any responsibility? And if so, what is a fair percentage? I want to believe that we do not because it is reasonable to assume the wood is free of termites and therefore safe to install. Had we known about the termites, we most assuredly would not have installed the wood. In any case, I am interested in being completely fair with the wood company and would appreciate your opinion on what a fair settlement might look like.
Thanks for your help and suggestions!
