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	<title>Wayne Cowart and Associates</title>
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		<title>Formosan Termites</title>
		<link>http://www.waynecowartandassociates.com/formosan-termites/</link>
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		<pubDate>Wed, 11 Aug 2010 23:25:10 +0000</pubDate>
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		<description><![CDATA[Formosan termites (Coptotermes Formosas) can destroy a structure in about one fifth the time normally required for it&#8217;s native termite cousin.  Exterminators, despite the advanced tools and technology they have, are handicapped by the elusive nature of this destructive insect.  In 1993 an apartment complex in Broward County Florida was deemed a total loss a [...]]]></description>
			<content:encoded><![CDATA[<p>Formosan termites (Coptotermes Formosas) can destroy a structure in about one fifth the time normally required for it&#8217;s native termite cousin.  Exterminators, despite the advanced tools and technology they have, are handicapped by the elusive nature of this destructive insect.  In 1993 an apartment complex in Broward County Florida was deemed a total loss a mere six months after Formosan Termites were first discovered.  Six Months!  The problem of controlling Formosan Termites begins with finding their colony.  Unlike Eastern Subterranean Termites which typically rely on the soil for moisture, Formosan termites extract all of their moisture and nutrient requirements from the structure they infest.  These silent destroyers conceal themselves from sunlight and environmental elements while systematically destroying the most expensive investments most of us ever make &#8230; our home.</p>
<p>If you&#8217;ve been told that Formosan Termites have invaded your home and your exterminator is unwilling to accept responsibility, give us a call.</p>
<p>Formosan termites began their invasion of the United States in Lake Charles, Louisiana about 50 years ago.  The next major infestation site was South Florida.  During the last 20 years, despite the best efforts of America&#8217;s best exterminators, these tenacious pests have gradually migrated North and East.  They have deposited a path of destruction in Georgia, the Carolinas, and other southern states where the climate and food source is ideal for their survival. </p>
<p>Many exterminators have excluded Formosan Termites from their contracts and guarantees.  However, if Formosan Termites are not specifically excluded from your exterminator&#8217;s Subterranean Termite Contract, they are included!  Why? Formosan Termites <strong>are</strong> Subterranean Termites!  Even if Formosan Termites ARE excluded from warranty coverage by your exterminator they may still be liable for damage caused by these insects.  Professional exterminators are experts in controlling and preventing wood destroying organisms.  As professionals in their field, when contracting to control termites of any species exterminators have a professional responsibility to inform consumers of various risks and hazards associated with their industry.  If they fail to do so, and your home or business has been damaged by these economically devasting pests, give us a call.  We know how to stop Formosan Termites, how to identify their damage, and how to hold the pest control industry responsible for any damage they may be liable for.</p>
<p> America has the finest professional pest control industry on the planet.  However, every industry has a few individuals that threaten the excellent reputation established and deserved by those that strive to deliver excellence of service to their clients.</p>
<p>If you believe you&#8217;ve been the victim of an unscrupulous exterminator, give us a call.  We&#8217;ve been directly involved in more than 20,000 damage claims involving multiple types of insects including the persistant Formosan.</p>
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		<title>Credentials of Martha Cowart</title>
		<link>http://www.waynecowartandassociates.com/credentials-of-martha-cowart/</link>
		<comments>http://www.waynecowartandassociates.com/credentials-of-martha-cowart/#comments</comments>
		<pubDate>Sat, 24 Jul 2010 21:03:20 +0000</pubDate>
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		<description><![CDATA[Actively employed in the pest control industry for 18 years.  Various experience includes:  Certified in Structural Pest Control and Wood Destroying Organisms.    Executive Administrator for Chief Information Officer at a national pest control firm.   Designed and implemented a variety of programs to improve company profitability while managing a staff including purchasing agents, accountants and administrative [...]]]></description>
			<content:encoded><![CDATA[<p>Actively employed in the pest control industry for 18 years.  Various experience includes:</p>
<p> Certified in Structural Pest Control and Wood Destroying Organisms.   </p>
<p>Executive Administrator for Chief Information Officer at a national pest control firm.   Designed and implemented a variety of programs to improve company profitability while managing a staff including purchasing agents, accountants and administrative personnel.  Responsible for tracking perpetual inventory of all electronic equipment in 416 field offices.</p>
<p>Senior Vice-President and owner of a pest control company.  Managed offices in Georgia and Florida.  Directly involved in every aspect of sales, service, and administration for 10 years.  Developed and managed termite re-inspection program for over 15,000 renewable termite contracts.  Maintained administrative staff while directly supervising retention of pesticide use records and investigation of potential liability claims.  Also served as Personnel Director and Corporate Secretary/Treasurer.</p>
<p>Currently senior partner in Wayne Cowart and Associates, a consulting firm.  Responsibilities include composing and maintaining all client records, conducting forensic investigations, and assisting in research and developing resolution strategies.</p>
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		<title>Wayne Cowart&#8217;s Complete Curriculum Vitae</title>
		<link>http://www.waynecowartandassociates.com/wayne-cowarts-complete-curriculum-vitae/</link>
		<comments>http://www.waynecowartandassociates.com/wayne-cowarts-complete-curriculum-vitae/#comments</comments>
		<pubDate>Sat, 24 Jul 2010 20:54:18 +0000</pubDate>
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		<description><![CDATA[Wayne Cowart has served in the Pest Control Industry for over thirty years. During these years Mr. Cowart has held high-level management, operations and risk management positions in several nationally known pest control companies. He has also been the owner of his own pest control companies. During his career, Mr. Cowart, has performed hundreds of [...]]]></description>
			<content:encoded><![CDATA[<p>Wayne Cowart has served in the Pest Control Industry for over thirty years. During these years Mr. Cowart has held high-level management, operations and risk management positions in several nationally known pest control companies. He has also been the owner of his own pest control companies.</p>
<p>During his career, Mr. Cowart, has performed hundreds of pest inspections and treatments. Likewise he has designed customized pest control and termite service plans for schools, hospitals, industrial and residential accounts.</p>
<p>Mr. Cowart has been recognized by his peers in the pest control industry for his expertise in management, operations, risk management, training of personnel and for his professional dealings with customers.</p>
<p>It was during his twenty five plus years in the pest control industry that he has become a recognized expert in termite infestation, termite inspections, termite damage and proper termite prevention measures.</p>
<p>Mr. Cowart’s present company, Wayne Cowart and Associates, was formed in 2002 to provide consultation dealing with the operations of pest control companies, pest infestations, pest inspections, pest damage and pest repairs, and the proper prevention measures to deter an/or prevent pest infestation. Mr. Cowart offers his services to insurance companies, pest control companies, expert witness services to defense and plaintiff attorneys and to premises owners.</p>
<p>During Mr. Cowart’s career he has been involved in thousands of termite damage claims assisting property owners, tenants, pest control companies, and attorneys.  Additionally, Mr. Cowart has served as a consultant to several local and national media organizations including CBS News with Dan Rather.</p>
<p>PROFESSIONAL EXPERIENCE<br />
Owner </p>
<p>WAYNE COWART AND ASSOCIATES, Valdosta, GA                         2002-Present </p>
<p>This firm conducts investigations of termite damage claims and assist clients in recovering losses.  Due to our knowledge of termite damage, entomology, and every aspect of the pest control industry, we often assist our clients in reaching settlements without litigation.  If litigation is imminent, our firm prepares clients/attorneys for trial/arbitration/mediation by formulating trial strategy, charting a chronology of events, suggesting remedial treatments (as requested or required) and we conduct interviews of potential witnesses and experts.  This firm also evaluates treatments performed by the pest control industry for efficacy and fulfillment of contract requirements.  We also assist pest control companies with operational issues such as training, marketing, and loss prevention.  Our services are available to insurance companies, pest control companies, plaintiff and defense attorneys, and to premise owners.  We also provide expert witness services.</p>
<p>Chief Consultant and Advisor</p>
<p> SENTRITEC PEST SERVICES, Lawrenceville, GA/Valdosta, GA             2001-2002</p>
<p> Professional pest control services and damage claim consulting service.</p>
<p> ·        Performed pest control services for a variety of commercial and residential clients.</p>
<p> ·        Maintained a staff of technicians and administrative personnel.</p>
<p> ·        Provided consulting services related to damage claims caused by wood destroying  organisms.</p>
<p> ·        Provided expert testimony if needed or requested.</p>
<p> ·        Performed on-site property examinations.</p>
<p> ·        Recommended remedial treatment programs when circumstances required such.</p>
<p>Director of Risk Management</p>
<p> ROLLINS, INC/ORKIN PEST CONTROL., Atlanta, GA                              1999-2001</p>
<p> Responsible for all termite damage claims for each of Orkin Pest Control’s 416 offices.</p>
<p> ·        Maintained a corporate staff of five adjusters.</p>
<p> ·        Conducted negotiation workshops for Orkin management teams throughout the United States.</p>
<p> ·        Worked directly with field management recommending remedial treatment programs for structures having a high re-treatment history and/or repeated claims history.</p>
<p> ·        Negotiated settlements with property owners with termite damage throughout the continental United States.</p>
<p> ·        Involved in several mediations/arbitrations to resolve damage claims.</p>
<p> ·        Taught claims management segment of the Orkin Management Development School.</p>
<p> ·         Wrote the Damage Claims Curriculum for the Orkin Management Development School.</p>
<p> ·         Taught two annual sales summit meetings for the Sales and Management staffs of the Virginia Region and the Atlanta Metropolitan Region of Orkin.</p>
<p> ·         Reduced the overall number of Orkin termite damage claims in 2000 by 11% and reduced the total claims expense by $1.6 million in 2000.</p>
<p> ·         Received “Outstanding Customer Service” awards in 1999 and 2000.  Only four of the 37 corporate departments of Rollins, Inc. receive these awards.  Until 1999 Risk Management had never received this award.  These awards are presented according to the results of surveys conducted of 416 Orkin Branch Managers, Regional Managers, Divisional Vice-Presidents and all Department heads of Rollins, Inc.</p>
<p> ·         Composed legal reviews for the Rollins Law Department as preparation for possible litigation.</p>
<p> ·         Directly responsible for approving all Orkin claims payments up to $25,000.</p>
<p> ·         Maintained reporting logs relevant to claims activity for Executive Management of Rollins/Orkin.</p>
<p> ·        Composed annual termite damage claims budget projections for Rollins/Orkin Risk Management.</p>
<p>Consultant/Owner</p>
<p> PEST CONTROL INVESTIGATIONS, Valdosta, GA                                    1998-1999</p>
<p> Assisted pest control companies and insurance companies on termite damage claims.</p>
<p> ·         Purchased a trained narcotics search dog and retrained the dog to detect termites inside of wall voids. </p>
<p> ·         Became efficient in using a variety of tools including, but not limited to, borascopes, insect-a-scope, CG 501 gas detector, Trammex moisture conductivity   calculator and photography equipment to determine the precise entry points of termite infestation, magnitude of damage, and to make remedial treatment recommendations.</p>
<p> ·         Submitted photography and written reports to my clients outlining the resolution options for each claim.</p>
<p> ·         Client list included Terminix, Orkin, B &amp; DA Weisburger Insurance, Midland Claims, various attorneys, and consumers.</p>
<p>Founder/President/CEO</p>
<p> COMMERCIAL PEST CONTROL, INC., Valdosta, GA                   1987-1998</p>
<p> Founded the company in 1987.</p>
<p> ·        Specialized in residential, institutional and industrial pest control and termite treatments.</p>
<p> ·        Made three pest control company acquisitions in 1993: Dr. Bug Extermination, Fayetteville, GA; Fahey Pest Control, Clearwater, FL; Brandon Pest Control North,              Tampa, FL.</p>
<p> ·        Operated each acquisition as a separate entity though D.B.A. Commercial Pest Control.</p>
<p> ·        Hired, trained and managed a staff of 42 employees.  Annual employee turnover rate never exceeded 4%. </p>
<p> ·        Performed over 20,000 termite treatments while incurring only five damage claims.</p>
<p> ·        Our operating revenues placed our company in the top 5% of all pest control companies in America. </p>
<p> ·        Sold the company in 1998.</p>
<p>Branch Manager</p>
<p> GETZ EXTERMINATING COMPANY, Valdosta, GA                                   1983-1987</p>
<p> Managed every aspect of branch operations including sales, service, and administration.</p>
<p> ·         Prepared and achieved monthly budgets and profit projections.</p>
<p> ·         Managed every aspect of termite damage claims.</p>
<p> ·         Maintained a net gain in revenue in excess of 10% annually.</p>
<p> ·         Maintained operating profit of 28% &#8211; 30%.</p>
<p>Branch Manager</p>
<p> TERMINIX INTERNATIONAL, St. Petersburg, FL                                      1981-1983</p>
<p> Opened new office and established a market for the company.</p>
<p> ·         Hired and trained a staff of 23 employees.</p>
<p> ·         Managed all aspects of the operation.</p>
<p> ·         Maintained an operating profit in excess of 26%.</p>
<p> ·         Managed every aspect of Termite Damage Claims.</p>
<p> ·         Featured in Pest Control Magazine in 1982 highlighting the completion of the largest wood ship fumigation in U.S. history.</p>
<p>Sales Inspector/Sales Manager/District Sales Manager/State Certified Training Director                                                                                                               1975-1981</p>
<p>ORKIN PEST CONTROL, Valdosta, GA</p>
<p> ·        Hired, trained, motivated and managed a sales team of up to 44 employees.</p>
<p> ·        Spent three years on the Orkin sales swat team.  (The top 4 producing salesmen in S.E. United States)</p>
<p> ·        Traveled to branches not meeting sales budgets and trained staff on how to correct their sales/staffing problems.</p>
<p> ·        Implemented a multi-state pest control certification-training program.</p>
<p> ·        Taught state certification examination candidates improving the first-time pass rate from 12% to 86%.</p>
<p> ·        Became state certified in 1978 in the categories of HPC, WDO and fumigation.</p>
<p> ·        Received “Salesman of the Month” award 40 out of 48 months spent as a Sales Inspector.</p>
<p> ·        Involved in evaluation of and resolution of termite damage claims.</p>
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		<title>Pest Control Secrets Uncovered.</title>
		<link>http://www.waynecowartandassociates.com/pest-control-secrets-uncovered/</link>
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		<pubDate>Fri, 23 Jul 2010 01:17:01 +0000</pubDate>
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		<description><![CDATA[Investigation Continues Tuesday Night POSTED: 8:05 a.m. EST November 25, 2003 UPDATED: 1:48 p.m. EST December 1, 2003 An exclusive Problem Solvers report exposed secrets your pest control company may not want you to know that could leave your home in danger of collapsing. The investigation featured Elizabeth Allen, who is the first citizen to [...]]]></description>
			<content:encoded><![CDATA[<p><strong><em>Investigation Continues Tuesday Night</em></strong></p>
<p>POSTED: 8:05 a.m. EST November 25, 2003</p>
<p>UPDATED: 1:48 p.m. EST December 1, 2003</p>
<p>An exclusive Problem Solvers report exposed secrets your pest control company may not want you to know that could leave your home in danger of collapsing.</p>
<p>The investigation featured Elizabeth Allen, who is the first citizen to be appointed to the state&#8217;s pest control advisory council.</p>
<p>Local 6 News reported that Allen &#8220;learned the hard way&#8221; about practices she says are pervasive in the pest control industry.</p>
<p>&#8220;One of my goals is to strengthen the laws in the state of Florida,&#8221; Allen said. &#8220;The laws are the weakest in the southeast.&#8221;</p>
<p>Problem Solver Steven Cooper reported that Allen contracted with Orkin pest control for a termite treatment and repair bond in 1995.</p>
<p>A year later she found a swarm of termites. And a year after that, another swarm, Cooper reported.</p>
<p>And while they retreated, Allen said the Orkin staff did not check for damage. And the damage she found later was extensive in 13 rooms of her home.</p>
<p>&#8220;Probably every 25 linear feet of my home has had damage and this is despite the treatment of Orkin,&#8221; Allen said. &#8220;Despite the treatment, I had 17 treatments.&#8221;</p>
<p>Also, Allen said Orkin contractors &#8212; when sent to do repair work on the extensive damage to her home&#8211; never pulled the legally required permits to do the work, according to the report. Not until Allen insisted did she see them, according to the report.</p>
<p>Without a permit, the county doesn&#8217;t know to inspect the job, and that, Allen claims, allows Orkin to do inferior, substandard, incomplete repairs.</p>
<p>&#8220;My son&#8217;s room would have been in danger had a strong wind come in engineer said to me that the wall could have caved in because of the way the repair was done,&#8221; Allen said.</p>
<p>The report also featured Lake Jasmin apartments in Orlando. The complex, once known as Country Lane, reportedly contracted Orkin in 1980 for long-term treatment.</p>
<p>When the complex was sold in 1995 an inspection revealed the apartments were on the verge of collapse due to termite damage, Cooper reported.</p>
<p>The owners sued.</p>
<p>In a settlement agreement, Orkin agreed to buy the complex for $7 million.</p>
<p>After an investigation, the Problem Solvers uncovered a history of complaints, lawsuits and allegations against Orkin.</p>
<p>In 2000, Orkin was investigated by the State Department of Agriculture, the Federal Trade Commission and the attorneys general of five states, including Florida.</p>
<p>One issue under investigation: the so-called guarantee, Local 6 News reported. Authorities say no company or technology can guarantee full elimination of termites.</p>
<p>Another issue: deceptive business practices, according to the report.</p>
<p>As if the multi-state/multi-agency investigation was not enough, Orkin is facing a class-action lawsuit filed on behalf of all Florida residents who have entered into an Orkin contract.</p>
<p>Sources in Tampa, Fla., where the suit was filed, say damages could reach $100 million.</p>
<p>In a letter to Local 6 News, Orkin says it stands by its reputation for quality and integrity, as evidenced by 1.6 million satisfied customers.</p>
<p>Tuesday night, Local 6 News hears more from Orkin.</p>
<p>Watch Local 6 News for more on this story.</p>
<p><em>Copyright 2003 by </em><a href="mailto:webstaff@mycfnow.com"><em>Local6.com</em></a>. All rights reserved. This material may not be published, broadcast, rewritten or redistribute</p>
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		<title>Orkin Bugged By Lawsuits</title>
		<link>http://www.waynecowartandassociates.com/orkin-bugged-by-lawsuits/</link>
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		<pubDate>Fri, 23 Jul 2010 01:07:25 +0000</pubDate>
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		<description><![CDATA[Termite Company Facing Four Class Action Suits For Shabby Work Dec. 12, 2003 Orkin Bugged By Lawsuits Mark Strassmann talks to a woman who says the shoddy service she got from pest control giant Orkin to control a termite problem turned out to be more annoying than the bugs. &#124; Share Elizabeth Allen has a [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Termite Company Facing Four Class Action Suits For Shabby Work</strong></p>
<p>Dec. 12, 2003</p>
<p><strong>Orkin Bugged By Lawsuits</strong></p>
<p>Mark Strassmann talks to a woman who says the shoddy service she got from pest control giant Orkin to control a termite problem turned out to be more annoying than the bugs. | <a href="http://www.cbsnews.com/stories/2003/12/12/eveningnews/consumer/main588348.shtml"><strong>Share</strong></a></p>
<p>Elizabeth Allen has a name for her Florida home.</p>
<p>&#8220;The termite buffet,&#8221; she says. &#8220;They&#8217;ve been in my front entry way. They&#8217;ve been in my dining room. They&#8217;ve come up in swarms.&#8221;</p>
<p>But what really eats at Allen, <strong>CBS News Correspondent Mark Strassmann</strong> reports, is her termite company. She hired the &#8220;Orkin Man.&#8221; For six years, she says, Orkin improperly treated her home, botched repairs and hid superhighways of termite damage. She now estimates that sixty percent of her house had had some kid of termite damage.</p>
<p>&#8220;I think you hire Orkin to protect your home and all of a sudden one day you realize you have to protect yourself from Orkin,&#8221; said Allen.</p>
<p>Even Orkin&#8217;s internal audit — in documents obtained by <strong>CBS News</strong> – showed a company wide failure rate of 45 percent for all initial termite treatments; and a 54 percent failure rate in the Southeast, the so-called &#8220;termite belt.&#8221;</p>
<p>The company is now fighting four class action suits from the likes of Elizabeth Allen.</p>
<p>&#8220;They are engaged on an ongoing basis of defrauding homeowners who stand to lose the most important investment of their life,&#8221; said Allen&#8217;s attorney, Chris Searcy.</p>
<p>But if complaining customers often get nowhere, Wayne Cowart says he knows why. He&#8217;s a plaintiff&#8217;s termite consultant, and a former Orkin executive who oversaw all the company&#8217;s damage claims. He says Orkin used its financial and legal might to discourage those complainers.</p>
<p>&#8220;It&#8217;s like the bulldog fighting the skunk,&#8221; Cowart says. &#8220;You may win, but it&#8217;s just not worth it. And pest control companies know that. &#8230; It&#8217;s an epidemic within the industry. It&#8217;s absolutely epidemic.&#8221;</p>
<p>Orkin has another side to the story.</p>
<p>&#8220;The heart of our business is to protect people&#8217;s homes,&#8221; the company said in a statement, adding that termite claims make up less than one percent of its customers each year, and 98 percent of those claims are resolved to the customer&#8217;s satisfaction.</p>
<p>But for their damage, Collier and Peggie Black were awarded $3 million from Orkin in arbitration.</p>
<p>&#8220;We don&#8217;t feel like we beat Orkin. We survived Okin,&#8221; said Collier Black.</p>
<p>Now Elizabeth Allen&#8217;s bedroom may not survive. Wood taken from the walls crumbles from the tunnels made by termites.</p>
<p>© MMIII, CBS Broadcasting Inc. All Rights Reserved.</p>
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		<title>Investigation Uncovers Trouble With Termite Repairs.</title>
		<link>http://www.waynecowartandassociates.com/investigation-uncovers-trouble-with-termite-repairs/</link>
		<comments>http://www.waynecowartandassociates.com/investigation-uncovers-trouble-with-termite-repairs/#comments</comments>
		<pubDate>Fri, 23 Jul 2010 01:04:22 +0000</pubDate>
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		<description><![CDATA[POSTED: 11:37 am EDT May 19, 2004 UPDATED: 4:42 pm EDT May 20, 2004 PONTE VEDRA BEACH, Fla. There&#8217;s an ad running on our station right now that says there are two kinds of homes in Central Florida: homes with termites, and homes that will get termites, but when it comes to termite repairs, even [...]]]></description>
			<content:encoded><![CDATA[<p>POSTED: 11:37 am EDT May 19, 2004</p>
<p>UPDATED: 4:42 pm EDT May 20, 2004</p>
<p><strong>PONTE VEDRA BEACH, Fla. </strong>There&#8217;s an ad running on our station right now that says there are two kinds of homes in Central Florida: homes with termites, and homes that will get termites, but when it comes to termite repairs, even the priciest guarantees from pest control companies might not be worth the paper on which they&#8217;re printed.</p>
<p>&#8220;Trust the Orkin man? Not in my lifetime,&#8221; Collier Black said.<br />
The Black family is trapped in a beautiful home with a history of massive termite damage. They won a $3 million award from Orkin for failing to properly treat and repair termite damage.</p>
<p>&#8220;We bought the full package, the repair guarantee, and we thought that was going to be it,&#8221; Peggy Black said.</p>
<p>That was in 1995, when the Blacks had their first termite swarm, where termites pour out of tiny holes in walls by the hundreds and sometimes thousands. They would have 25 more swarms in the next six years.</p>
<p>&#8220;There were just oceans of termites that came out from underneath the wood floors,&#8221; Peggy Black said.</p>
<p>Harry Shevin was part of the legal team that successfully sued Orkin.</p>
<p>&#8220;Orkin has been in a deliberate practice of covering up damage, hiding damage,&#8221; Shevin said.</p>
<p>One week after an Orkin manager told the Blacks that a front pillar had only water damage, the column came crumbling down. The Blacks shot home video of live termites feasting.</p>
<p>&#8220;In the case of Mr. Black, when a contractor said there is significant damage going all the way up to the upstairs bedroom, they told him to forget about it. Don&#8217;t say anything to the customer. Get out of there after you finish the work we told you to do,&#8221; Shevin said.</p>
<p>In a written response, Orkin said it &#8220;is continuously improving its technology, training and overall service. These improvements have contributed to a consistent decline in termite claims.&#8221;</p>
<p>But confidential documents uncovered by WESH NewsChannel 2 showed how Orkin pressures managers to keep costs down by patching and painting over termite damage.</p>
<p>Arbitrators found Orkin &#8220;actively participated in &#8230; and knowingly condoned reckless disregard of human life showing &#8220;conscious indifference to the consequences.&#8221;</p>
<p>&#8220;Every dime saved in claims contributes to increased bonus money and increased incentive for denying claims,&#8221; Wayne Cowart said.</p>
<p>Cowart should know. He was an insider as Orkin&#8217;s director of termite claims, settling over 13,000 termite claims in two years. He now works to help homeowners settle damage claims against termite control companies because he said homeowners alone don&#8217;t stand a chance.</p>
<p>&#8220;Even lawyers are afraid to take on corporations &#8230; They say, &#8216;Gee, if I have to spend $500,000 to win this, and I might lose,&#8221; Cowart said.</p>
<p>The Blacks still haven&#8217;t seen a dime of that $3 million, even though they won an arbitration judgment against Orkin. Orkin appealed, claiming arbitrators ignored the law. Black continues his crusade to warn other homeowners.</p>
<p>&#8220;It&#8217;s brutal. It&#8217;s horrible. It&#8217;s malicious that they do what they do with the name like Orkin that people have grown to trust,&#8221; Black said.</p>
<p>We&#8217;ve come up with a way for you to know whether any termite repairs in your home were done properly. Call our Termite Hotline at (800) TEL-WESH. You&#8217;ll need to give your name, address, county and company that did the repairs, and whether building permits were secured. You can also fill out an online form by <a href="http://www.wesh.com/news/3314887/detail.html">clicking here</a>.</p>
<p>We&#8217;ll forward the information to county building inspectors, and if need be, they&#8217;ll inspect your home.</p>
<p><em>Copyright 2005 by </em><a href="mailto:orlnews@ibsys.com"><em>WESH.COM</em></a>. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.</p>
<hr />
<p><strong>Orkin&#8217;s Response To Termite Investigation</strong></p>
<p>POSTED: 2:15 pm EDT May 19, 2004</p>
<p>UPDATED: 2:30 pm EDT May 19, 2004</p>
<p>May 7, 2004</p>
<p>Mr. Jim Payne<br />
WESH NewsChannel 2<br />
1021 North Wymore Road<br />
Winter Park, Florida 32789<br />
Dear WESH-TV:</p>
<p>Thank you for the opportunity to respond to your questions so your viewers will be provided with both sides of the story. Orkin is committed to providing outstanding customer service, and we appreciate the chance to demonstrate that commitment to your viewers. We are very proud of the nearly 8,000 Orkin men and women who are dedicated to their customers and support our 103-year commitment to providing excellent pest control service.</p>
<p>The heart of our business is to protect people’s homes, and we do so with pride and care for 1.6 million customers. The situation in Mr. and Mrs. Black’s home is not indicative of the way Orkin does business, nor is it representative of Orkin’s high standards for our hardworking men and women.</p>
<p>Below I have listed your questions and specific answers to each. In the spirit of ethical reporting and unbiased journalism, I ask that you use each answer in its entirety, so your viewers receive a fair representation of Orkin’s position.</p>
<p><strong>In closing statements in Collier &amp; Peggy Black&#8217;s arbitration case, Orkin&#8217;s attorney stated, &#8220;It’s painfully apparent that we (Orkin) have got a problem and we&#8217;re going to have to do a better job on that because permits weren&#8217;t being pulled on a lot of jobs.&#8221; What is being done to ensure building permits are being pulled now on termite repair jobs?</strong></p>
<p>We treated the Black’s house and, in accordance with our long-standing policies, hired state certified and licensed independent contractors to repair the termite damage. In accordance with Orkin policy, these independent contractors agreed in writing to abide by all local laws, regulations and ordinances &#8212; including those requiring building permits. It was later discovered that they violated this agreement. We no longer do business with these independent contractors or any other contractor who is not willing to abide by these agreements. Furthermore, we have enacted new safeguards against such unscrupulous practices by contractors. For example, a contractor must provide Orkin with a copy of appropriate building permit(s) or a sworn affidavit stating that a permit was not required, before we will pay the contractor for the repair work.</p>
<p><strong>Does Charles Levering, a.k.a. Custom Renovation Specialists of Winter Park, Florida, still perform termite repairs for Orkin? Does Charles Levering still investigate termite damage claims for Orkin?</strong></p>
<p>We are not using Mr. Levering for repairs on any new termite damage claims. So as not to inconvenience our customers, we did allow him to complete a few repair jobs in the early part of this year that had been underway for some time. Obviously, Mr. Levering is required to follow all of Orkin’s policies regarding building permits. Mr. Levering did not perform any repairs at the Black’s home.</p>
<p><strong>What, if anything, is being done to contact homeowners who have had termite repairs done by Orkin and its subcontractors which did not have the proper permits pulled?</strong></p>
<p>Due to ongoing litigation, we cannot comment on our specific plans in this regard; however, we are evaluating the issue and are taking appropriate steps to ensure that our customers are taken care of and are satisfied.</p>
<p><strong>The attorney goes on to state &#8220;the most inflammatory evidence in this case are those terrible repairs. We recognize that. We&#8217;re going to fix that problem.&#8221; What specific fixes have been put in place, and how have they been communicated to Branch Managers in the field?</strong></p>
<p>The licensed independent contractors in this situation violated our written agreement. As stated earlier, Orkin has enacted new safeguards to ensure quality service for our customers. As mentioned earlier, a contractor must provide Orkin with a copy of appropriate building permit(s) or a sworn affidavit stating that a permit was not required, before we will pay the contractor for the repair work. These additional procedures were communicated to all branches in the company.</p>
<p>Orkin is the industry leader in pest control, a position we have earned through our award-winning training program, our corporate partnerships and our 103-year history. We would challenge anyone to find a pest control company that does more to ensure that superb quality service is provided to its customers, as the following shows:</p>
<ul>
<li>A dedicated Quality Assurance Department charged with performing quality checks to ensure all branches throughout the company are upholding the quality standards the company mandates</li>
<li>A special Business Abuse Hotline where employees can report (anonymously, if they like) any issues of concern.</li>
<li>An ISO 9002-certified Customer Care Center where all inquiries and comments are monitored and resolved by professionals dedicated to achieving 100% customer satisfaction</li>
<li>An unmatched and nationally recognized Training Department that has been used by state departments of agriculture to train their own inspectors, as well as by university-level entomological departments</li>
<li>A $4 million investment in a state-of-the-art GPS system that has allowed us to improve our company’s safety and service standards</li>
<li>Toll-free phone numbers to our Customer Care Center are printed on all materials, billing statements and our website so customers may contact us with concerns</li>
<li>Orkin’s recognized industry leadership in technological advances over the company’s 103-year history</li>
<li>ISO-9002 certification of all of our commercial branches, which focuses on maintaining the highest quality standards for our customers</li>
<li>Free termite educational material available on our website (<a href="http://www.orkin.com/">www.orkin.com</a>)</li>
<li>A 20-year partnership with the Smithsonian Institution’s National Museum of Natural History to promote insect education to the American public through the O. Orkin Insect Zoo</li>
</ul>
<p><strong>Why hasn&#8217;t Orkin paid the judgment in Collier Black vs. Orkin?</strong></p>
<p>Orkin strongly believes that the arbitrators ignored the law and issued a ruling that was simply wrong. This ruling is currently being evaluated by a federal court judge.</p>
<p><strong>Does Orkin do surveys of customer satisfaction? Do you have results for follow-up termite treatment and for termite repairs?</strong></p>
<p>Less than one percent of Orkin’s customers file termite claims each year. Of these claims, well over 98% are resolved to our customer’s satisfaction. Additionally, Orkin has a Termite Quality Assurance department dedicated to ensuring the company’s industry leading standards of termite service are met. Publicity about one unhappy customer simply ignores the quiet satisfaction of millions of others. Excellence and integrity account for Orkin’s century-old reputation for quality, and they account for our growth, our industry leadership, and our privilege of serving 1.6 million customers.</p>
<p><strong>In the Arbitration Findings in Collier Black vs. Orkin&#8230;. the tribunal found &#8220;Orkin &amp; Rollins established, maintained and condoned a compensation system for its employees which gave them an incentive to breach repair obligations.&#8221; What, if anything, has been done to change the system of compensation? What, if anything, has been done to change incentives?</strong></p>
<p>We completely disagree with the arbitrators’ opinion. Our compensation system rewards quality service and customer satisfaction.</p>
<p><strong>In Orkin&#8217;s Branch Manager Manual, effective date 7/1/93&#8230;. line six shows Claims/Operating Insurance to be 6% or less. Have those standards changed? If so, how so?</strong></p>
<p>As with any reputable company, Orkin rewards excellent performance and does so by providing corporate goals and objectives toward which each branch strives. Obviously, we want to provide excellent service to our customers to prevent termite damage, and we reward branches for achieving this level of service. The current manual from which you quote lists almost two dozen operating standards, which are combined to determine a branch’s success. Other measurement tools include customer retention, employee retention, sales, payroll, fleet costs, etc. all intended to ensure customer satisfaction and employee success.</p>
<p><strong>Attorney Harry Shevin of Searcy, Scarola, Barnhart &amp; Shipley told me &#8220;to the extent that the Branch Manager can exceed that goal by patching and painting termite work, by illegally denying claims, they&#8217;re given that direct financial incentive to do that.&#8221; Your response/reaction?</strong></p>
<p>Harry Shevin is either misinformed or is intentionally misleading you. Orkin honors its commitments to its customers. In the unlikely event that a customer should have a claim, branches are required to contact the customer within 24 hours to set up a convenient time to inspect the home. This inspection must be completed within five business days of the call to the customer. It is in the best interest of the branch to report claims in a timely fashion, because there are strict monetary fines against the branch – up to $10,000 – for not reporting claims properly.</p>
<p><strong>Attorney Harry Shevin of Searcy, Scarola, Barnhart &amp; Shipley told me &#8220;Orkin has been in a deliberate practice of covering up damage, hiding damage.&#8221; Your response/reaction?</strong></p>
<p>This is simply not true. It is to Orkin’s and the customer’s mutual benefit to find and address termite infestations and damage as quickly as possible to avoid future problems. Orkin honors its commitments to its customers. The lawyers interviewed for your story are contingency fee trial lawyers who seek media coverage to help their cases and skew the public’s perception. Trying cases in the media is a common tactic of plaintiffs’ attorneys. Our preference is to resolve these disagreements directly with our customer, or if that’s not possible, through the American judicial system, where all the facts are reviewed and sensationalism has no place.</p>
<p>Orkin has always been an industry leader and is continuously improving its technology, training and overall service. These improvements have contributed to a consistent decline in termite claims. For example, over the past seven years, termite claims to Orkin have decreased by over 50 percent. Of these claims, well over 98% of them are resolved to the customers’ satisfaction.</p>
<p><strong>Attorney Chris Searcy of Searcy, Scarola, Barnhart &amp; Shipley told me &#8220;and they (Orkin) are engaged in an ongoing basis of defrauding homeowners.&#8221; Your response/reaction?</strong></p>
<p>That is an outrageous charge with no basis in fact. It is intended to provoke sensational media interest to distort the public’s view of a reputable and ethical company. This statement is irresponsible and is unfair to our 8,000 hardworking and honorable employees.</p>
<p>Again, thank you for the opportunity to respond. Orkin’s 103-year-old reputation for quality and integrity is our most valuable asset, and one we vigorously protect and seek to enhance every day. Should customers have questions about their Orkin termite service, they may call our Customer Care Center at 1-800-800-ORKIN (346-7546).</p>
<p>Sincerely,</p>
<p>Martha C. Craft<br />
Director of Public Relations and Corporate Communications<br />
Orkin, Inc.</p>
]]></content:encoded>
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		<title>Some Contractors Cut Corners On Termite Repairs.</title>
		<link>http://www.waynecowartandassociates.com/some-contractors-cut-corners-on-termite-repairs/</link>
		<comments>http://www.waynecowartandassociates.com/some-contractors-cut-corners-on-termite-repairs/#comments</comments>
		<pubDate>Fri, 23 Jul 2010 00:57:42 +0000</pubDate>
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		<description><![CDATA[POSTED: 2:30 pm EDT May 20, 2004 UPDATED: 4:42 pm EDT May 21, 2004 PONTE VEDRA BEACH, Fla. &#8212; The big pest control companies are some of the most profitable businesses around with profit margins that are a lot higher than most businesses &#8212; sometimes 40 percent above expenses. But some critics said these companies [...]]]></description>
			<content:encoded><![CDATA[<p>POSTED: 2:30 pm EDT May 20, 2004</p>
<p>UPDATED: 4:42 pm EDT May 21, 2004</p>
<p><strong>PONTE VEDRA BEACH, Fla. &#8212; </strong>The big pest control companies are some of the most profitable businesses around with profit margins that are a lot higher than most businesses &#8212; sometimes 40 percent above expenses.</p>
<p>But some critics said these companies are greedy and often cut corners on termite repairs to save even more money. They said that&#8217;s putting your safety at risk, WESH NewsChannel 2 reported.<br />
&#8220;Orkin leads you to believe if you have a swarm, it&#8217;s no big deal, and it is a big deal,&#8221; Elizabeth Allen said.</p>
<p>Termites are swarming in Allen&#8217;s bathroom. Thousands of them poured out of a tiny hole in the wall next to her shower &#8212; just one of 30 signs of termite infestation in her home.</p>
<p>&#8220;It&#8217;s like a long, slow, torturous hurricane,&#8221; Allen said.</p>
<p>Three termite contractors hired by Orkin to make repairs said the swarm was no big deal.</p>
<p>&#8220;I think it&#8217;s absolutely despicable,&#8221; attorney Harry Shevin said.</p>
<p>Shevin is part of the legal team who won a $3 million award against Orkin after termites devoured another home in North Florida. Orkin hired contractor Charles Levering to consult on termite repairs on both homes.</p>
<p>&#8220;Charles Levering has been the fair-haired boy of Orkin. He&#8217;s their No. 1 contractor,&#8221; Shevin said.</p>
<p>Levering declined comment. But in a courtroom deposition, he said he did thousands of termite repairs in Central Florida between 1997 and 2002 for the major termite companies.</p>
<p>&#8220;He&#8217;s the fellow that they bring in to do the vast majority of their work, especially in Central Florida,&#8221; Shevin said.</p>
<p>County inspectors told WESH NewsChannel 2 a permit is required for nearly every termite repair job. Yet Central Florida building department records showed Levering pulled building permits for only a fraction of his termite repair jobs.</p>
<p>In court documents, Orkin&#8217;s attorneys admitted &#8220;permits weren&#8217;t being pulled on a lot of jobs.&#8221; When permits aren&#8217;t pulled, termite repair jobs aren&#8217;t inspected. Without an inspection, there&#8217;s no way for you to know if the work was done correctly.</p>
<p>In a written response to WESH NewsChannel 2, Orkin said it has enacted new customer safeguards and fired some contractors, including Levering.</p>
<p>&#8220;There is no one silver bullet for termite control,&#8221; Wayne Cowart said.</p>
<p>Cowart used to work for Orkin, handling 13,000 termite claims. He now uses his inside knowledge to help homeowners fight termite companies. He said a homeowner alone doesn&#8217;t stand a chance.</p>
<p>&#8220;Even lawyers are afraid to take on corporations. They say, &#8216;Gee, if I have to spend $500,000 to win this, and I might lose,&#8221; Cowart said.</p>
<p>Making matters even worse for homeowners, there are no postconstruction laws governing termite treatment. So like termites, the termite companies have the run of the state of Florida.</p>
<p>&#8220;One day, I just kicked the wall, and my shoe went in,&#8221; Allen said.</p>
<p>Allen has learned the termite damage is so bad that she has to get her family out and might have to tear the house down. She said she is not the only one.</p>
<p>&#8220;It all came together, and we realized we weren&#8217;t alone, that it was happening to thousands of other people,&#8221; Allen said.</p>
<p>County building inspectors said they don&#8217;t know how many termite repairs have been done in Central Florida. They want to be sure the work has been done right.</p>
<p>We&#8217;ve come up with a way for you to know whether any termite repairs in your home were done properly. Call our Termite Hotline at (800) TEL-WESH. You&#8217;ll need to give your name, address, county and company that did the repairs, and whether building permits were secured. You can also fill out an online form by <a href="http://www.wesh.com/news/3314887/detail.html">clicking here</a>.</p>
<p>We&#8217;ll forward the information to county building inspectors, and if need be, they&#8217;ll inspect your home.</p>
<p><em>Copyright 2005 by </em><a href="mailto:orlnews@ibsys.com"><em>WESH.COM</em></a>. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.</p>
<p><strong>Orkin&#8217;s Response To Termite Investigation</strong></p>
<p>POSTED: 2:15 pm EDT May 19, 2004</p>
<p>UPDATED: 2:30 pm EDT May 19, 2004</p>
<p>May 7, 2004</p>
<p>Mr. Jim Payne<br />
WESH NewsChannel 2<br />
1021 North Wymore Road<br />
Winter Park, Florida 32789</p>
<hr />Dear WESH-TV:</p>
<p>Thank you for the opportunity to respond to your questions so your viewers will be provided with both sides of the story. Orkin is committed to providing outstanding customer service, and we appreciate the chance to demonstrate that commitment to your viewers. We are very proud of the nearly 8,000 Orkin men and women who are dedicated to their customers and support our 103-year commitment to providing excellent pest control service.</p>
<p>The heart of our business is to protect people’s homes, and we do so with pride and care for 1.6 million customers. The situation in Mr. and Mrs. Black’s home is not indicative of the way Orkin does business, nor is it representative of Orkin’s high standards for our hardworking men and women.</p>
<p>Below I have listed your questions and specific answers to each. In the spirit of ethical reporting and unbiased journalism, I ask that you use each answer in its entirety, so your viewers receive a fair representation of Orkin’s position.</p>
<p><strong>In closing statements in Collier &amp; Peggy Black&#8217;s arbitration case, Orkin&#8217;s attorney stated, &#8220;It’s painfully apparent that we (Orkin) have got a problem and we&#8217;re going to have to do a better job on that because permits weren&#8217;t being pulled on a lot of jobs.&#8221; What is being done to ensure building permits are being pulled now on termite repair jobs?</strong></p>
<p>We treated the Black’s house and, in accordance with our long-standing policies, hired state certified and licensed independent contractors to repair the termite damage. In accordance with Orkin policy, these independent contractors agreed in writing to abide by all local laws, regulations and ordinances &#8212; including those requiring building permits. It was later discovered that they violated this agreement. We no longer do business with these independent contractors or any other contractor who is not willing to abide by these agreements. Furthermore, we have enacted new safeguards against such unscrupulous practices by contractors. For example, a contractor must provide Orkin with a copy of appropriate building permit(s) or a sworn affidavit stating that a permit was not required, before we will pay the contractor for the repair work.</p>
<p><strong>Does Charles Levering, a.k.a. Custom Renovation Specialists of Winter Park, Florida, still perform termite repairs for Orkin? Does Charles Levering still investigate termite damage claims for Orkin?</strong></p>
<p>We are not using Mr. Levering for repairs on any new termite damage claims. So as not to inconvenience our customers, we did allow him to complete a few repair jobs in the early part of this year that had been underway for some time. Obviously, Mr. Levering is required to follow all of Orkin’s policies regarding building permits. Mr. Levering did not perform any repairs at the Black’s home.</p>
<p><strong>What, if anything, is being done to contact homeowners who have had termite repairs done by Orkin and its subcontractors which did not have the proper permits pulled?</strong></p>
<p>Due to ongoing litigation, we cannot comment on our specific plans in this regard; however, we are evaluating the issue and are taking appropriate steps to ensure that our customers are taken care of and are satisfied.</p>
<p><strong>The attorney goes on to state &#8220;the most inflammatory evidence in this case are those terrible repairs. We recognize that. We&#8217;re going to fix that problem.&#8221; What specific fixes have been put in place, and how have they been communicated to Branch Managers in the field?</strong></p>
<p>The licensed independent contractors in this situation violated our written agreement. As stated earlier, Orkin has enacted new safeguards to ensure quality service for our customers. As mentioned earlier, a contractor must provide Orkin with a copy of appropriate building permit(s) or a sworn affidavit stating that a permit was not required, before we will pay the contractor for the repair work. These additional procedures were communicated to all branches in the company.</p>
<p>Orkin is the industry leader in pest control, a position we have earned through our award-winning training program, our corporate partnerships and our 103-year history. We would challenge anyone to find a pest control company that does more to ensure that superb quality service is provided to its customers, as the following shows:</p>
<ul>
<li>A dedicated Quality Assurance Department charged with performing quality checks to ensure all branches throughout the company are upholding the quality standards the company mandates</li>
<li>A special Business Abuse Hotline where employees can report (anonymously, if they like) any issues of concern.</li>
<li>An ISO 9002-certified Customer Care Center where all inquiries and comments are monitored and resolved by professionals dedicated to achieving 100% customer satisfaction</li>
<li>An unmatched and nationally recognized Training Department that has been used by state departments of agriculture to train their own inspectors, as well as by university-level entomological departments</li>
<li>A $4 million investment in a state-of-the-art GPS system that has allowed us to improve our company’s safety and service standards</li>
<li>Toll-free phone numbers to our Customer Care Center are printed on all materials, billing statements and our website so customers may contact us with concerns</li>
<li>Orkin’s recognized industry leadership in technological advances over the company’s 103-year history</li>
<li>ISO-9002 certification of all of our commercial branches, which focuses on maintaining the highest quality standards for our customers</li>
<li>Free termite educational material available on our website (<a href="http://www.orkin.com/">www.orkin.com</a>)</li>
<li>A 20-year partnership with the Smithsonian Institution’s National Museum of Natural History to promote insect education to the American public through the O. Orkin Insect Zoo</li>
</ul>
<p><strong>Why hasn&#8217;t Orkin paid the judgment in Collier Black vs. Orkin?</strong></p>
<p>Orkin strongly believes that the arbitrators ignored the law and issued a ruling that was simply wrong. This ruling is currently being evaluated by a federal court judge.</p>
<p><strong>Does Orkin do surveys of customer satisfaction? Do you have results for follow-up termite treatment and for termite repairs?</strong></p>
<p>Less than one percent of Orkin’s customers file termite claims each year. Of these claims, well over 98% are resolved to our customer’s satisfaction. Additionally, Orkin has a Termite Quality Assurance department dedicated to ensuring the company’s industry leading standards of termite service are met. Publicity about one unhappy customer simply ignores the quiet satisfaction of millions of others. Excellence and integrity account for Orkin’s century-old reputation for quality, and they account for our growth, our industry leadership, and our privilege of serving 1.6 million customers.</p>
<p><strong>In the Arbitration Findings in Collier Black vs. Orkin&#8230;. the tribunal found &#8220;Orkin &amp; Rollins established, maintained and condoned a compensation system for its employees which gave them an incentive to breach repair obligations.&#8221; What, if anything, has been done to change the system of compensation? What, if anything, has been done to change incentives?</strong></p>
<p>We completely disagree with the arbitrators’ opinion. Our compensation system rewards quality service and customer satisfaction.</p>
<p><strong>In Orkin&#8217;s Branch Manager Manual, effective date 7/1/93&#8230;. line six shows Claims/Operating Insurance to be 6% or less. Have those standards changed? If so, how so?</strong></p>
<p>As with any reputable company, Orkin rewards excellent performance and does so by providing corporate goals and objectives toward which each branch strives. Obviously, we want to provide excellent service to our customers to prevent termite damage, and we reward branches for achieving this level of service. The current manual from which you quote lists almost two dozen operating standards, which are combined to determine a branch’s success. Other measurement tools include customer retention, employee retention, sales, payroll, fleet costs, etc. all intended to ensure customer satisfaction and employee success.</p>
<p><strong>Attorney Harry Shevin of Searcy, Scarola, Barnhart &amp; Shipley told me &#8220;to the extent that the Branch Manager can exceed that goal by patching and painting termite work, by illegally denying claims, they&#8217;re given that direct financial incentive to do that.&#8221; Your response/reaction?</strong></p>
<p>Harry Shevin is either misinformed or is intentionally misleading you. Orkin honors its commitments to its customers. In the unlikely event that a customer should have a claim, branches are required to contact the customer within 24 hours to set up a convenient time to inspect the home. This inspection must be completed within five business days of the call to the customer. It is in the best interest of the branch to report claims in a timely fashion, because there are strict monetary fines against the branch – up to $10,000 – for not reporting claims properly.</p>
<p><strong>Attorney Harry Shevin of Searcy, Scarola, Barnhart &amp; Shipley told me &#8220;Orkin has been in a deliberate practice of covering up damage, hiding damage.&#8221; Your response/reaction?</strong></p>
<p>This is simply not true. It is to Orkin’s and the customer’s mutual benefit to find and address termite infestations and damage as quickly as possible to avoid future problems. Orkin honors its commitments to its customers. The lawyers interviewed for your story are contingency fee trial lawyers who seek media coverage to help their cases and skew the public’s perception. Trying cases in the media is a common tactic of plaintiffs’ attorneys. Our preference is to resolve these disagreements directly with our customer, or if that’s not possible, through the American judicial system, where all the facts are reviewed and sensationalism has no place.</p>
<p>Orkin has always been an industry leader and is continuously improving its technology, training and overall service. These improvements have contributed to a consistent decline in termite claims. For example, over the past seven years, termite claims to Orkin have decreased by over 50 percent. Of these claims, well over 98% of them are resolved to the customers’ satisfaction.</p>
<p><strong>Attorney Chris Searcy of Searcy, Scarola, Barnhart &amp; Shipley told me &#8220;and they (Orkin) are engaged in an ongoing basis of defrauding homeowners.&#8221; Your response/reaction?</strong></p>
<p>That is an outrageous charge with no basis in fact. It is intended to provoke sensational media interest to distort the public’s view of a reputable and ethical company. This statement is irresponsible and is unfair to our 8,000 hardworking and honorable employees.</p>
<p>Again, thank you for the opportunity to respond. Orkin’s 103-year-old reputation for quality and integrity is our most valuable asset, and one we vigorously protect and seek to enhance every day. Should customers have questions about their Orkin termite service, they may call our Customer Care Center at 1-800-800-ORKIN (346-7546).</p>
<p>Sincerely,</p>
<p>Martha C. Craft<br />
Director of Public Relations and Corporate Communications<br />
Orkin, Inc.</p>
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		<title>Lawyers can help when homeowners&#8217; termite issues remain unresolved.</title>
		<link>http://www.waynecowartandassociates.com/lawyers-can-help-when-homeowners-termite-issues-remain-unresolved/</link>
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		<pubDate>Fri, 23 Jul 2010 00:52:02 +0000</pubDate>
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		<description><![CDATA[Stephen Hudak &#124; Sentinel Staff Writer November 24, 2008 Lawyer Pete Cardillo admits he has a grudging respect for termites. &#8220;They&#8217;re ferocious, relentless and ecologically important,&#8221; Cardillo said of the ravenous, wood-chomping bugs that have helped him build a thriving Tampa-based law practice with an unusual specialty: suing pest-control and insurance companies over termite damage. [...]]]></description>
			<content:encoded><![CDATA[<p>Stephen Hudak | Sentinel Staff Writer</p>
<p>November 24, 2008</p>
<p>Lawyer Pete Cardillo admits he has a grudging respect for termites.</p>
<p>&#8220;They&#8217;re ferocious, relentless and ecologically important,&#8221; Cardillo said of the ravenous, wood-chomping bugs that have helped him build a thriving <a href="http://www.orlandosentinel.com/topic/us/florida/hillsborough-county/tampa-PLGEO100100404010000.topic">Tampa</a>-based law practice with an unusual specialty: suing pest-control and insurance companies over termite damage.</p>
<p>Cardillo, 51, said he is currently litigating more than 40 termite-related lawsuits in Florida, including about a dozen in federal or circuit courts in Central Florida. The self-titled &#8220;Bug Lawyer&#8221; has been a pest to exterminating companies for more than 15 years.</p>
<p>Atlanta-based pest-control giant Orkin Inc. recently filed a federal lawsuit in Ocala to stop a circuit judge from enforcing a settlement with the Sandalwood Condominium Association of Wildwood that would require Orkin to pay for $6 million in repairs to the Sumter County complex. Cardillo represented the condominium association.</p>
<p>Don&#8217;t call a lawyer first<br />
A lawyer might not always be the best way to settle a dispute with a bug exterminator, experts say.</p>
<p>Wayne Cowart, a former Orkin executive who has served as a termite consultant for plaintiff attorneys, including Cardillo, said a lawyer should be a frustrated homeowner&#8217;s last resort.</p>
<p>&#8220;By and large, the pest-control companies want to take care of their customers,&#8221; Cowart said. &#8220;I personally believe most consumers are much better served if they can resolve the matter successfully without involving the legal community.&#8221;</p>
<p>He said that involving lawyers, who often command a 45 percent share of any jury or settlement award, shrinks the pool of cash available to fix property damage.</p>
<p>A statewide scourge</p>
<p>In July, <a href="http://www.orlandosentinel.com/topic/entertainment/charles-bronson-PECLB000676.topic">Charles Bronson</a>, commissioner of the state Department of Agriculture and Consumer Services, urged homeowners to &#8220;educate themselves&#8221; about pest-control companies as some areas of the Sunshine State were experiencing drywood-termite infestations.</p>
<p>The state, which encourages homeowners to protect themselves against the &#8220;silent destroyers,&#8221; can help, department spokeswoman Liz Compton said.</p>
<p>&#8220;Termites are all over Florida,&#8221; Compton said. &#8220;In Florida, it&#8217;s not whether there are termites near your house, but how close they are.&#8221;</p>
<p>She said consumers ought to get price and service quotes from several companies, meet with each and ask questions. She suggested that consumers also call the state&#8217;s consumer-assistance center (1-800-HELP-FLA) before signing a contract. Consumers can verify a company&#8217;s license and check its complaint history. Because pest-control companies are regulated by the state, the assistance center&#8217;s analysts can sometimes clarify contract language and mediate disputes.</p>
<p>Is it in the contract?</p>
<p>Pest-control companies are required by state law to provide written contracts to consumers before treating for termites. Compton said the document should clearly inform a customer about the type of termites covered by the contract, the company&#8217;s obligations and whether the company will re-treat and repair damaged property if a termite infestation occurs.</p>
<p>Martha Craft, a spokeswoman for Orkin, said the company&#8217;s policy is to honor contracts with its 1.7 million customers.</p>
<p>&#8220;Obviously, Orkin could not have stayed in business for more than 100 years without being effective in termite control, and it is in our best interest to do the best possible job for our customers,&#8221; she said. It&#8217;s rare, she said, but &#8220;nature wins an occasional battle. . . . despite our best efforts.&#8221;</p>
<p>Terminix, another giant pest-control firm that has been sued by Cardillo&#8217;s clients, declined to comment for this story.</p>
<p>Get the right kind of help</p>
<p>If push comes to shove between a customer and a pest-control company over damage, the customer should hire a lawyer familiar with the extermination industry, said former Orkin executive Cowart: &#8220;Otherwise it&#8217;s like having a divorce attorney handling a medical malpractice case.&#8221;</p>
<p>Cardillo, for instance, has &#8220;made himself into a bug man&#8221; by devouring pest-control literature, Cowart said. A Columbia Law School graduate, Cardillo&#8217;s practice is limited to termite cases. He even drives a car with a vanity license plate: &#8220;BUG LAW.&#8221;</p>
<p>Orkin has a dim view of Cardillo, who has accused the company of racketeering and false advertising.</p>
<p>&#8220;Mr. Cardillo is an example of how lawyers can make things worse, not better, for the consumer,&#8221; Craft said. &#8220;While we work hard to take care of our customers&#8217; concerns, his wild accusations inflate the cost and prolong the time to resolve a matter to the point that doing what&#8217;s right and fair is no longer possible.&#8221;</p>
<p>&#8220;Lawyers are the only ones who are going to protect consumers &#8212; absolutely the only ones,&#8221; Cardillo said. &#8220;They say they&#8217;re taking care of their customers&#8217; concerns. If they were doing that, I wouldn&#8217;t have any work.&#8221;</p>
<p><em>Stephen Hudak can be reached at shudak@orlandosentinel.com or 352-742-5930. </em></p>
<p>Worried about termites?</p>
<p>What to look for: *Wood that sounds hollow when tapped. *Pencil-sized mud tubes on exterior walls. *Distorted, cracked or bubbled areas of wood surfaces. *Groups of winged insects or piles of discarded insect wings.</p>
<p>Silent threat</p>
<p>Subterranean termites are considered the most destructive bug in Florida, causing an estimated $700 million in damage and pest control annually. *They live underground in tunnels or mud tubes. *They feed on products containing cellulose. *They can collapse a building from inside out using their jaws to bite off fragments of wood. *They often build tunnels through cracks in concrete. *They need contact with the soil to survive. *They swarm in the spring.</p>
<p>&#8211; SOURCES: Smithsonian Institution, National <a href="http://www.orlandosentinel.com/topic/science-technology/museum-of-natural-history-PLCUL000196.topic">Museum of Natural History</a>; <a href="http://www.orlandosentinel.com/topic/economy-business-finance/florida-department-of-agriculture-consumer-services-ORGOV000088.topic">Florida Department of Agriculture and Consumer Services</a></p>
<p>PROBLEMS WITH YOUR PEST-CONTROL COMPANY? *First, call the company to discuss your complaint. *If you do not get satisfaction, contact state Department of Agriculture and Consumer Services at 1-800-435-7352 (1-800-HELP-FLA) *Complete state form DACS-13621, which requires consumers to attach a copy of the pest-control contract, specify the complaint and efforts to correct problem. *Return form to regional inspector with the Bureau of Entomology and Pest Control. Regional inspectors for Lake, Orange, Polk, Seminole and Volusia counties are located at 4141 County Road 561, <a href="http://www.orlandosentinel.com/topic/us/florida/lake-county-(florida)/tavares-PLGEO100100405060000.topic">Tavares</a>, 32778, or 352-742-6199. Regional inspectors for Brevard and Osceola are located at 7150 20th St., Suite C, Vero Beach, 32966, or 772-778-5045. *You may also contact the Bureau of Entomology and Pest Control in Tallahassee at 850-921-4177.</p>
<p>HELPFUL WEB SITES *floridatermitehelp.org (Managed by the state Department of Agriculture and Consumer Services, site includes information about filing a complaint.) *edis.ifas.ufl.edu/IG097 ( <a href="http://www.orlandosentinel.com/topic/education/colleges-universities/university-of-florida-OREDU0000153.topic">University of Florida</a> site with termite photos, information and some control tips.) *pestworld.org (Trade-association site for the nation&#8217;s 18,000 pest-control professionals includes consumer pages.) *termites101.org (Sponsored by Orkin Inc., site includes identifying photos, information, warning signs and advice.) *flpma.org (site for the Florida Pest Management Association, includes contact numbers for 1,200 licensed pest-management professionals.)</p>
<p>FAST FACTS *One in three Florida homes is covered by a contract with a pest-control company. *Florida has an estimated 3,800 pest-control companies. *Subterranean termites live in soil and attack from the ground up. *Drywood termites live in isolated pieces of wood such as attic rafters.</p>
<p>PREVENTION TIPS *Avoid accumulating water near your home&#8217;s foundation by diverting away rain water with downspouts. *Reduce humidity in crawl spaces and attics with proper ventilation. *Eliminate wood contact with the soil.</p>
<p>&#8211; SOURCES: Allen Fugler, executive vice president of the Florida Pest Management Association; state Department of Agriculture and Consumer Services</p>
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		<title>Former Orkin Manager Says Company Doesn&#8217;t Do the Work it Promises</title>
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		<pubDate>Fri, 23 Jul 2010 00:48:15 +0000</pubDate>
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		<description><![CDATA[By Jackelyn Barnard First Coast News JACKSONVILLE, FL&#8211; Right in the middle of Ponte Vedra, right in the middle of Elizabeth Allen&#8217;s bathroom, &#8220;These are mud tunnels right here.&#8221; They&#8217;re signs of trouble, signs Allen says she has been spotting over and over again for the last eight years. &#8220;Virtually every room in the house [...]]]></description>
			<content:encoded><![CDATA[<p>By Jackelyn Barnard<br />
First Coast News</p>
<p>JACKSONVILLE, FL&#8211; Right in the middle of Ponte Vedra, right in the middle of Elizabeth Allen&#8217;s bathroom, &#8220;These are mud tunnels right here.&#8221;</p>
<p>They&#8217;re signs of trouble, signs Allen says she has been spotting over and over again for the last eight years.</p>
<p>&#8220;Virtually every room in the house has had extensive termite damage.&#8221;</p>
<p>And each time she says she has called a pest control company called &#8220;Orkin.&#8221; Allen says she just wanted the swarms of termites to come out of her walls and the damage to go away.</p>
<p>She says it did go away with a patch and paint job, but that only means the damage isn&#8217;t really fixed, only masked.</p>
<p>And it is something Wayne Cowart says he knows all about. Three years ago, Cowart was Orkin&#8217;s director of Risk Management.</p>
<p>&#8220;If it was a customer that didn&#8217;t have money to fight us I was told to deny the claim. If [they] had money to fight us, we&#8217;d pay [the] claim.&#8221;</p>
<p>Cowart says it all boiled down to the company&#8217;s bottom line. He says it is cheaper to patch and paint over damage than it is to fix it.</p>
<p>&#8220;I can tell you it was a routine way of handling claims when I was there.&#8221;</p>
<p>Elizabeth Allen says it happened to her.</p>
<p>Orkin says that is not true. A spokesperson for the company released this statement to First Coast News. &#8220;We do not believe he (Cowart) is in a position to question Orkin&#8217;s integrity or business practices. During his brief tenure with Orkin, he enthusiastically praised Orkin&#8217;s commitment to its customers. Now, Mr. Cowart makes his living consulting with plaintiff attorneys and has a financial interest in attacking Orkin and other pest control operators.<br />
Though termite damage is a very serious problem, Orkin receives claims from less than one percent of our customers each year.&#8221;</p>
<p>Cowart&#8217;s response&#8211;&#8221;I&#8217;m not saying anything that&#8217;s not true. I&#8217;m not on anybody&#8217;s side. I&#8217;m on the side of the truth.&#8221;</p>
<p>Truth is all Elizabeth Allen says she wants. She&#8217;s filed a lawsuit against Orkin claiming the company didn&#8217;t repair damage to her home.</p>
<p>Elizabeth says the damage has her living in fear. &#8220;What&#8217;s happening to my home is frightening&#8230;even my daughter is afraid of the Orkin man.&#8221;</p>
<p>On Your Side&#8217;s Ken Amaro says there are some things to look for if you suspect termites and are trying to treat them.</p>
<p>A swarm or mudhole is a tell-tale sign that the insects have found your property.</p>
<p>Ken says it&#8217;s important to get three estimates from companies, so you can get the best deal. Also, be sure to investigate the company, and check with the state to make sure they have a good record of handling business.</p>
<p>Created: 3/1/2004 10:14:04 PM</p>
<p>Updated: 3/2/2004 2:46:33 AM</p>
<p>Edited by Jackelyn Barnard, reporter</p>
<p>© 2004 First Coast News. All rights reserved. This material may not be published, rewritten, or redistributed.</p>
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		<title>Orkin Faces Scrutiny In Florida</title>
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		<pubDate>Fri, 23 Jul 2010 00:36:12 +0000</pubDate>
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		<description><![CDATA[The Tampa Tribune (FL) July 9, 2004 IT DENIES WRONGDOING, WANTS RECORDS PRIVATE Author: RANDY DIAMOND; rdiamond@tampatrib.com Edition: FINAL Section: NATION/WORLD Page: 1 Dateline: TAMPA Article Text: By RANDY DIAMOND rdiamond@tampatrib.com TAMPA — The Florida attorney general&#8217;s office is conducting a statewide investigation into the business practices of Orkin Inc., the giant Atlanta-based termite and [...]]]></description>
			<content:encoded><![CDATA[<p><strong>The Tampa Tribune (FL) July 9, 2004</strong></p>
<p><strong>IT DENIES WRONGDOING, WANTS RECORDS PRIVATE</strong></p>
<p>Author: RANDY DIAMOND; rdiamond@tampatrib.com</p>
<p>Edition: FINAL<br />
Section: NATION/WORLD<br />
Page: 1<br />
Dateline: TAMPA</p>
<p>Article Text:</p>
<p>By RANDY DIAMOND</p>
<p>rdiamond@tampatrib.com</p>
<p>TAMPA — The Florida attorney general&#8217;s office is conducting a statewide investigation into the business practices of Orkin Inc., the giant Atlanta-based termite and pest control company.</p>
<p>Bob Sparks, a spokesman for the attorney general&#8217;s office, declined to disclose details of the probe.</p>
<p>Orkin acknowledged the investigation Thursday but denied wrongdoing. The company said it was seeking a court order blocking public disclosure of documents state investigators have subpoenaed.</p>
<p>The investigation is the latest in a string of legal troubles for the company in Florida. Those include a $3 million arbitration judgment awarded last August to a Jacksonville couple who said the company did not do repair work promised under a lifetime guarantee. Orkin customers must agree to settle any claims through arbitration, rather than suing.</p>
<p>The couple&#8217;s case may shed light on the state&#8217;s investigation.</p>
<p>Collier Black, a Jacksonville newspaper consultant, said an assistant attorney general and an office investigator spent two days interviewing him and his wife, Peggie, in January about their case and their experience with Orkin. They ! also sifted through 2,000 pages of legal documents and testimony taken during the arbitration case and copied records.</p>
<p>Black said the questions asked by the assistant attorney general and investigator focused on how Orkin was able to proceed with termite repair work on the house without required government building permits.</p>
<p>Black said he told investigators that during the arbitration hearing, Orkin employees testified that subcontractors hired for termite remediation work in Jacksonville and Orlando routinely did not obtain necessary building permits.</p>
<p>The couple paid Orkin $3,335 for a lifetime repair contract after termites were discovered in their home in 1996. They contended in their arbitration claim that parts of their house were never treated.</p>
<p>&#8220;It was a brutal, horrible ordeal,&#8221; Black said.</p>
<p>He said state investigators questioned him extensively on whether Orkin did not seek building permits to avoid discovery of faulty work! .</p>
<p>Martha Craft, an Orkin spokeswoman, said the company denies wrongdoing in the Black case and is appealing the $3 million arbitration judgment in court. She said the company in the past left it up to local subcontractors to get necessary permits but has changed that practice to ensure that required permits are obtained.</p>
<p>Wayne Cowart was head of Orkin&#8217;s Southeast claims office from 1999 to 2001 and now serves as a paid expert witness for customers suing Orkin and other termite exterminators.</p>
<p>Cowart said in an interview Thursday that it was common while he worked for Orkin for the company not to obtain building permits before conducting termite repair work. He said Orkin discouraged customers from filing claims under their lifetime contracts, arguing other factors, such as dampness, contributed to the termite condition.</p>
<p>Orkin, which had $558 million in sales during a 12-month period ended March 31, has 1.6 million commercial and residential customers in the United States, Canada and Mexico. One of its top mar! kets is Florida, Cowart said.</p>
<p>The company is the subject of numerous lawsuits accusing it of deceptive and fraudulent practices throughout Florida and the Southeast.</p>
<p>RELATED STORY, Page 4:</p>
<p>Use caution in hiring exterminators.</p>
<p>Reporter Jerome Stockfish and Tribune researchers Angela D. Holan and Diane K. Grey contributed to this report. Reporter Randy Diamond can be reached at (813) 259-8144.</p>
<p>Copyright (c) 2004 The Tribune Co.<br />
Record Number: MERLIN_3596507</p>
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