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  • Britt Final Award

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    Thomas F Campbell
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    The arbitrator found for Jim Faust on all claims against him. The arbitrator found that the Terminix contract transferred to the Britts based on communications between the parties. The arbitrator found Terminix breached the contract and awarded $336,388 in damages. The arbitrator also found Terminix negligent and made reckless misrepresentations in a wood inspection report, awarding $1,500,000 in compensatory damages and $2,000,000 in punitive damages for the tort claims. The total award to the Britts was $1,836,388 in compensatory damages and $2,000,000 in punitive damages, with administrative and arbitration fees to be borne as incurred.

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    The arbitrator found for Jim Faust on all claims against him. The arbitrator found that the Terminix contract transferred to the Britts based on communications between the parties. The arbitrator found Terminix breached the contract and awarded $336,388 in damages. The arbitrator also found Terminix negligent and made reckless misrepresentations in a wood inspection report, awarding $1,500,000 in compensatory damages and $2,000,000 in punitive damages for the tort claims. The total award to the Britts was $1,836,388 in compensatory damages and $2,000,000 in punitive damages, with administrative and arbitration fees to be borne as incurred.

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    © All Rights Reserved
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    123 views3 pages

    Britt Final Award

    Uploaded by

    Thomas F Campbell
    The arbitrator found for Jim Faust on all claims against him. The arbitrator found that the Terminix contract transferred to the Britts based on communications between the parties. The arbitrator found Terminix breached the contract and awarded $336,388 in damages. The arbitrator also found Terminix negligent and made reckless misrepresentations in a wood inspection report, awarding $1,500,000 in compensatory damages and $2,000,000 in punitive damages for the tort claims. The total award to the Britts was $1,836,388 in compensatory damages and $2,000,000 in punitive damages, with administrative and arbitration fees to be borne as incurred.

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    © All Rights Reserved
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    of 3

    AMERICAN

    INTERNATIONAL CENTRE
    ARBITRATION FOR DISPUTE RESOLUTION'
    ASSOCIATION"

    AMERICAN ARBITRATION ASSOCIATION

    ELIZABETH AND BRIAN BRITT,

    Claimants,

    v.
    CASE NO.: 01-18-0003-2867
    THE TERMINIX INTERNATIONAL CO.,
    L.P., TERMINIX INTL., INC., AND JIM
    FAUST,

    Respondents.

    AWARD OF ARBITRATOR

    1, Jarrod J. White, THE UNDERSIGNED ARBITRATOR, having been designated in accordance with the
    arbitration agreement entered into between the above-named parties, and having been duly sworn, and
    having duly heard the proofs and allegations of the Parties, each represented by counsel do hereby, FIND and
    AWARD, as follows:

    1. The Claimants in this action are Elizabeth and Brian Britt (collectively "Britts"). The Respondents
    are Terminix International, Inc. and Terminix International Company, LP (collectively "Terminix") and Jim Faust.

    2. Based upon the testimony and evidence offered by the parties, the Arbitrator finds for Jim
    Faust on all claims asserted against him.

    3. Based upon the testimony and evidence offered by the parties, the Arbitrator finds the Terminix
    ,contract transferred to the Britts. This conclusion is independently supported by Thorn Thomas' communications
    to Terminix prior to closing, the mandated provision in Wood Infestation Inspection Report which shows the State
    of Alabama's regulatory intent that transfer are permitted until the end of the current contract term and Brian
    Britt's communications with Terminix after closing showing his intent that the contract transfer, and estoppel
    based upon Terminix's own actions in responding to the Britt claim. The Arbitrator further finds that Terminix
    breached the contract by failing to perform the necessary treatments and failing to pay for covered losses. The
    Arbitrator finds for Claimants on their contract claim and awards Claimants the sum of $336,388.00 as
    compensatory damages on the breach of contract claim.

    4. As to Claimants' tort claims, the arbitrator finds that the evidence proves negligence and reckless
    misrepresentations by Terminix in preparing the Wood Infestation Inspection Report. The Arbitrator finds for
    Claimants on their tort claims arising from the Wood Infestation Inspection Report and awards Claimant the sum
    of $1,500,000.00 on the tort claims as compensatory damages for mental anguish and consequential damages
    (Claimants cannot recover again for property damages already awarded under the contract claim). The Arbitrator
    further awards punitive damages to Claimants in the amount of $2,000,000.00 in connection with the tort claims.
    The award of punitive damages is not made lightly but the Arbitrator believes is necessary based upon the
    significant evidence presented at the hearing showing a systematic and repeated pattern by Terminix of failing to
    comply with its contractual and regulatory duties. Terminix failed to treat the Britt home as required in connection with
    the Wood Infestation Inspection Report and to date has still failed to provide the treatments required by the State of
    Alabama for Defined Post Construction Soil Treatment to thousands of customers in Alabama or even communicated
    to those customers that the state regulatory agency requires the treatment.

    5. The arbitrator declines Claimants' request to award attorney's fees as not supported by
    Alabama law.

    6. Respondents Terminix International, Inc. and Terminix International Company, LP are jointly and
    severally liable for this award and shall pay Claimants Elizabeth and Brian Britt the total sum of $1,836,388.00 in
    compensatory damages and $2,000,000.00 in punitive damages.

    7. The administrative fees of the American Arbitration Association (AAA) totaling $3,800.00 shall be
    borne as incurred, and the compensation of the arbitrator totaling $7,500.00 shall be borne as incurred.

    8. The above sums are to be paid on or before 30 days from the date of this Award.

    9. This Award is in full settlement of all


    claims submitted to this Arbitr. ion. All claims not
    expressly granted herein are hereby denied.

    Date

    Jarrod ite, Arbitrator


    2

    Case No. 011800032867

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