The Documented Record

The Problem

Everything below is a photograph taken in the house, a written estimate from a licensed Hawaii contractor, or a Hawaii statute. Nothing here is opinion.

If you have four minutes

Terminix owed a repair. Its contractor put red oak where white oak was, cut it short of the walls, skipped the sanding, and finished it anyway. He admits the short cut in writing. A licensed contractor says $24,802.61 puts it right. Terminix has offered $15,000. The family would rather have the floor.

What She Paid For

Miss Lee, 77, has held a Terminix Drywood Termite Defend plan with a damage repair guarantee on her home in Waialae Iki, Honolulu, since September 2020, when she also paid Terminix roughly $10,000 to fumigate the house. The promise is simple: if termites damage the house, Terminix arranges and pays for a contractor to repair it. A repair puts back what was there. She paid every year.

In 2026, termites damaged the hardwood floors in her great room, which is the living and dining room together, and in her office. Terminix accepted the claim, wrote a scope of work, and sent a licensed contractor of its choosing, Makainai Construction LLC. The work ran from August 5 to August 19, 2026.

This was the first time she asked Terminix to keep its end of the deal.

What Was Installed

1
Wrong species. The original floor was white oak. Red oak was installed. Identified by the lumber vendor that filled the order, Pacific American Lumber, and by an independent contractor. The contractor himself said he used red oak. Red oak is softer, more porous, takes stain differently, and costs less. The repaired rooms will never match the rest of the house.
2
No expansion gaps. Boards were jammed tight to the walls. NWFA installation guidelines call for roughly a 3/4 inch gap at every wall and vertical obstruction. Without it the floor cups and buckles when humidity changes. In Honolulu, humidity always changes.
3
No acclimation. The wood was nailed down as delivered. NWFA guidelines call for flooring to reach moisture equilibrium with the house before installation. On August 13 the family warned the contractor in writing about humidity and acclimation. He replied: "Yes. I am aware of this," and dismissed the risk unless the wood "was directly getting wet."
4
121 feet of baseboard cut around, not removed. The contractor left the baseboards in place and cut the flooring to meet them. Sent a photo of boards stopping short of a jamb on August 20, he replied: "That's 5/8". Quarter round is 3/4"." The quarter round is there to hide the cut.
5
Sanded with palm sanders, then finished anyway. Mill marks and saw chatter are still visible on the surface of the boards. Cross-grain scratches run through the finish. A drum sander removes these in one pass. Palm sanders do not. The scope of work said "no finish." Two coats went on.
6
Putty in the joints, and no blocking. Gaps at board ends were filled with wood filler instead of the boards being fitted. Other joints have opened since. In several corners the boards give underfoot because there is no blocking beneath them.

The Contractor, In His Own Words

Text messages between the family and the contractor Terminix chose, August 13 to 20, 2026. His phone number is cropped out. Nothing else is.

August 13, 2026. The family warns the contractor in writing about humidity and acclimation. He replies: “Yes. I am aware of this.”
August 13, 2026. The family warns the contractor in writing about humidity and acclimation. He replies: “Yes. I am aware of this.”
August 13 to 14, 2026. He will sand “after all flooring is down to finish at the same time.”
August 13 to 14, 2026. He will sand “after all flooring is down to finish at the same time.”
August 15 to 19, 2026. Comings and goings.
August 15 to 19, 2026. Comings and goings.
August 19, 2026, the last day. A hole still in the bedroom floor, cleanup under the house still owed, “2nd coat drying now.” The scope said no finish.
August 19, 2026, the last day. A hole still in the bedroom floor, cleanup under the house still owed, “2nd coat drying now.” The scope said no finish.
August 20, 2026. “The wood flooring is cut too short,” with the photograph.
August 20, 2026. “The wood flooring is cut too short,” with the photograph.
August 20, 2026. His answer: “That’s 5/8″. Quarter round is 3/4″.” The boards stop short of the wall and the quarter round is there to hide it.
August 20, 2026. His answer: “That’s 5/8″. Quarter round is 3/4″.” The boards stop short of the wall and the quarter round is there to hide it.

The Photographs

Photographs taken in the house on September 21 and 22, 2026. The August 19 and September 2 photographs are in the case file and available through Konani.

Sep 22: the great room. Red oak where white oak was.
Sep 22: the great room. Red oak where white oak was.
Sep 22: the same room from the other side.
Sep 22: the same room from the other side.
Sep 22: low sun across the floor shows mill marks on every board.
Sep 22: low sun across the floor shows mill marks on every board.
Sep 22: planer chatter never sanded off.
Sep 22: planer chatter never sanded off.
Sep 22: boards slipping apart at the end joint.
Sep 22: boards slipping apart at the end joint.
Sep 22: open joint, quartersawn next to flatsawn.
Sep 22: open joint, quartersawn next to flatsawn.
Sep 22: sun stripe shows open end joints across the run.
Sep 22: sun stripe shows open end joints across the run.
Sep 22: boards run parallel to this wall. They expand toward it. There is no gap.
Sep 22: boards run parallel to this wall. They expand toward it. There is no gap.
Sep 22: board ends jammed to the window wall. Baseboard never removed.
Sep 22: board ends jammed to the window wall. Baseboard never removed.
Sep 22: raw board end tight to the door jamb.
Sep 22: raw board end tight to the door jamb.
Sep 22: a length of quarter round laid at the jamb to cover the gap where the flooring stops short.
Sep 22: a length of quarter round laid at the jamb to cover the gap where the flooring stops short.
Sep 22: quarter round staged along the taped baseboard.
Sep 22: quarter round staged along the taped baseboard.
Sep 22: slider door. No threshold, no reducer, subfloor exposed.
Sep 22: slider door. No threshold, no reducer, subfloor exposed.
Sep 22: exposed face nail at the jamb.
Sep 22: exposed face nail at the jamb.
Sep 22: burn mark left in the finished surface.
Sep 22: burn mark left in the finished surface.
Sep 21: original white oak (green check) next to installed red oak (red X).
Sep 21: original white oak (green check) next to installed red oak (red X).

What a Licensed Contractor Says It Takes

On September 3, 2026, Flooring Specialist Inc. (Hawaii contractor license CT-33719) issued Estimate 5543 for the house. Job name: “replace oak.”

Remove red oak flooring, install blocking, install white oak flooring610 sq ft
Unfinished 2 1/4 inch white oak658 sq ft
Sand, seal and finish; adjust expansion gaps; let wood acclimate610 sq ft
Custom threshold and reducer; white oak quarter round
Total, including tax$24,802.61

The estimate says, in the contractor's own words, that the existing floor is red oak, that it must come out, and that the gaps and acclimation must be corrected. The full estimate is on file and available to Terminix on request.

What Terminix Has Done Since

September 17, 2020

Miss Lee signs the Terminix Drywood Termite Defend plan and pays Terminix about $10,000 to fumigate the house.

June 8, 2026

Terminix accepts the termite damage as covered and writes the scope of work: "R&R Oak flooring, clear grade, no finish." Just oak.

August 5, 2026

The contractor Terminix chose starts work.

August 13, 2026

The family warns the contractor in writing about humidity and acclimation. He replies that he is aware and will sand and finish once the flooring is down.

August 19, 2026

Work ends with a second coat of finish drying, a hole still in the bedroom floor, and debris under the house. First photographs. The family asks Terminix in writing for the signed repair contract.

August 20, 2026

Shown the flooring cut short at a jamb, the contractor replies that the 5/8 inch gap is covered by 3/4 inch quarter round. The family tells him to stop and asks Terminix to take it from here.

August 31, 2026

The Terminix claims representative says the branch manager will call to arrange an inspection. The call never comes.

September 3, 2026

A licensed Hawaii flooring contractor inspects the floor and estimates $24,802.61 to remove the red oak and do it right. The family sends it to Terminix.

Mid-September 2026

Two Terminix employees look at the floor for the first time. Terminix offers $15,000.

September 21 and 22, 2026

Side-by-side photograph of the original white oak and the installed red oak. Full walkthrough, 38 photographs.

Late September 2026

Samples of both floors go to the USDA Forest Products Laboratory for an independent species determination. The signed repair contract has still not been provided.

What Hawaii Law Says

Hawaii Revised Statutes section 480-2 makes unfair or deceptive acts or practices in trade unlawful. Paying a contractor without inspecting the work, presenting a cheaper species as a repair to a 77-year-old customer, withholding the scope of work until a power of attorney was produced, and never providing the signed repair contract is the kind of conduct that section reaches. This site describes the conduct and cites the statute. It calls it nothing else.

Section 480-13 gives an injured consumer three times actual damages plus attorney fees and costs. When the consumer is an elder, 62 or older, the floor is $5,000. Miss Lee is 77. Section 480-13.5 adds a civil penalty of up to $10,000 per violation when the victim is an elder. On a $24,802.61 repair, that arithmetic is the reason doing the job is the cheap option. Complaints about licensed contractors go to the Regulated Industries Complaints Office under Chapter 444, and about pest control operators to the Pest Control Board under Chapter 460J.

Terminix Honolulu is corporate-owned. Terminix bought the local company in 2015 and was itself acquired by Rentokil Initial in 2022. Nationally, Terminix has 2,920 Better Business Bureau complaints closed in the last three years and has lost termite repair arbitrations and verdicts of $362,500 and $25.8 million.

What happens next

There is a simple fix.

The Solution