What is my recourse against a termite company that did not provide the service we paid for?

I have been under a termite contract with a local company for 15 years. They treated the whole house when we signed the contract but haven’t treated again. We pay them yearly and they are required to do an annual inspection but haven’t kept up with that either. As far as I remember, it’s been a couple years since they’ve come. I now have a lot of damage and expense for termite infestation. They came and treated once since we found them but then found more still live and called them again to which they said it could be a week or so before they could come back out but we could treat them ourselves. What would your advice be in this matter moving forward?

Asked on February 27, 2019 under Business Law, Louisiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can sue the termite company for breach of contract for failure to comply with the annual inspection requirement.
Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs for the termite damage to your home caused by the company's failure to inspect annually.


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