Replies

1. 
   JohnSprung | Jul 06, 2006 02:03am | #1

   > .... tented and fumigated.  Owner spends $20,000. for this ....

   Oy.  How big is this?  I had my 3124 SF two story tented about 4-5 years ago, IIRC, less than a tenth of that price.  If this place isn't really huge, the fumigator is a crook. 

    

    

   -- J.S.

    

2. 
   atrident | Jul 06, 2006 02:03am | #2

    Do they have any firewood stacked in the house or close outside. Powderpost are generally not a huge problem. I would get a second opinion from an exterminator .

3. 
   woodway | Jul 06, 2006 02:39am | #3

   I would have a hard look at that $20,000 price tag...sounds like about ten times the actual cost for tenting and fumigation. Get a bid for fumigation of the same house yourself and offer that as a compromise and keep the paperwork.
   Anyone can sue for such things but what matters is winning the suit. For 20 grand, the owner isn't going to find a competent lawyer to take the case because the lawyer would take most of the settlement. Offer the owner the lower bid price and call it even. The owner, if he's got enough sense, will take it cause it's a sure thing. Like I said, why would he go to the trouble of going to lawyer , dealing with a trial and then lawyer fees for 20 grand? Offer him the bid up front and he can keep all the money himself and give the lawyer zero.
   Don't start signing up lawyers at the drop of the hat...In the end you'll end up paying more to the lawyers than it would cost to settle out of court. Explain the common sense of it all to the owner and he'll take it, if he's smart. Just cause he goes to court doesn't mean he's going to win. If you get served with a suit, then turn it over to your insurance company, that's what they're there for. If they don't back you up then, you can contact a lawyer yourself and bring a case against the insurance company for all costs plus a little extra and then you might be talking some real money.
   Don't call and ask an insurance company anything. Just let them handle the suit when it actually arrives, they may have a second thought about legal responsibility at that point, not some flippant answer from some desk jockey on the other end of the phone. The insurance company's response to handing out money will always be NO if you ask. The only way they'll reach into their pocket and take money out is when they're legally forced to do so.

1. 
   caainc | Jul 07, 2006 04:42am | #7

   Thanks for the feedback on my powder post beetle problem.  Unfortunately, the owner's son is his lawyer, so his legal fees are not an issue.  The suit against me is for way more than the cost of the fumigation (inconvenience, the value of the house is "diminished", etc., etc.).  Getting another estimate for the treatment that he had done is a good idea.  As far as suing the insurance company, my lawyer says that I'd probably be looking at up to $5,000. for that legal go-round.  I've decided not to go that route right now, as its another gamble that I don't want to take.  Thanks for the info. 

1. 
   woodway | Jul 07, 2006 05:25am | #8

   I still say, the lawyer for the other side is foolish taking this on. We have a top notch lawyer by the name of Len Tillem on a local radio station every weekend, Saturdays and Sundays from 4 pm to 7 pm pacific time (California). You can listen over the net in real time and call in with your question . I can hear your wheels turning in your head from here. Your saying,"Ya Ya, now I'm suppose to get legal advice from a radio station." Do yourself a favor and check this guy out, he has his own law firm and that's all he does is solve problems like yours. If he can't solve it then he can certainly turn you in the right direction to get even better advice. Check out this web site for his bio and when the weekend rolls around, click on the "listen Live " button and see if you can get your questions answered. Guaranteed, if you listen you'll be calling in . The call is free, it's and 800 number, and the lawyer is free so you can't go wrong. All you can possibly do is lose a little time.http://www.kgoam810.com/complexshowdj.asp?DJID=3556

4. 
   MarkH | Jul 06, 2006 03:52am | #4

   Powder post beetles do not eat softwood, so I think you're getting some jive talk about everything except possibly the flooring.

1. 
   Notchman | Jul 06, 2006 08:31am | #5

   "Powder post beetles do not eat softwood..."

   Beg to differ.  Had to replace some doug fir posts and beams and a few studs in my barn when I bought this place.  Powder post beetles had hollowed them out pretty good.

   (Actually, it's not the beetles, but their larvae that do the munching).

1. 
   highfigh | Jul 06, 2006 05:27pm | #6

   I just looked at a site about Powder Post Beetles and it had a couple of good points. "Powder post beetles cannot survive in dry wood. Often the long-term solution to a powder post beetle problem is to reduce the moisture level of the wood by reducing humidity. This may involve installing a concrete floor in an old basement and/or installing a dehumidifier.""Lyctus beetles commonly produce one generation per year. Females lay their eggs in the natural pores of timber, infesting only the sapwood of seasoned hardwoods. Eggs hatch in several days and the larvae tunnel into the wood. After pupation, the adults emerge (usually in June), leaving round shotholes on the wood surface. After mating, females will often reinfest the same timber."More searches in google.
   "I cut this piece four times and it's still too short."