Cochran Law

Cochran Law J Chris Cochran has successfully handled hundreds of termite damage and fraud claims.

We are right in the middle of termite swarmer season. What do you need to know? Termite Swarmers: Eastern and Formosan S...
05/16/2025

We are right in the middle of termite swarmer season. What do you need to know?

Termite Swarmers: Eastern and Formosan Subterranean Termites

Termites are insects known for their complex colony structures. They play a vital role in ecosystems by decomposing wood and plant material. However, their ability to damage human structures makes them significant pests, particularly subterranean termites
such as the Eastern subterranean termite and the Formosan subterranean termite. A critical aspect of their life cycle is the dispersal of winged reproductives, or alates, more
commonly known as swarmers, which establish new colonies.

Eastern Subterranean Termites

The Eastern subterranean termite is one of the most widespread termite species in North America, prevalent in the eastern United States and parts of Canada. These termites thrive
in moist, temperate environments, building underground colonies that can house thousands to hundreds of thousands of individuals. The colony consists of workers, which
forage and maintain the nest; soldiers, which defend the colony; and reproductives. They are notorious for causing extensive damage to wooden structures, contributing to billions in annual repair costs.

Eastern Subterranean Swarmers-

Eastern subterranean termite alates are winged reproductives, approximately 10–12 mm long, with dark brown to black bodies and two pairs of translucent wings of equal length. Swarming occurs in spring to early summer, typically after rain and in warm conditions. Alates are weak fliers, dispersing short distances before shedding their wings, attempting to pair with a mate and to establish a new colony in moist soil. The good news is that termites have a low success rate of establishing new colonies, due to predation and environmental challenges. Successful breeding pairs become the king and queen of a new colony.

Formosan Subterranean Termites

The Formosan subterranean termite, originally native to East Asia, is an invasive species in the southeastern United States, Hawaii, and parts of California. They are often described as “super termites” due to their massive colony sizes and rapid wood consumption; Formosan termites form colonies that can number in the millions to tens of millions. They build extensive underground tunnels and distinctive carton nests—structures made of chewed wood, saliva, and excrement—allowing them to infest above-ground areas, like
building interiors, leading to rapid structural damage.

Formosan Swarmers-

Formosan alates are slightly larger than Eastern Swarmer, about 12–15 mm, with yellowish-brown bodies and smoky wings. They swarm at dusk or night in late spring to early summer, preferring warm, humid conditions. Their strong attraction to artificial lights results in large, noticeable swarms around buildings or streetlights. Like the Eastern Swarmers, after swarming, alates shed their wings, pair, and attempt to establish new colonies. The larger colony sizes and high reproductive rate of Formosan termites make their alates more effective than Eastern termites at spreading infestations. As a result, in areas around the Gulf Coast, Formosan termites have become the predominate species, outperforming and driving away
the Eastern termites.

Common Misconceptions About Swarmers

A common claim by some termite prevention companies is that swarmers “do not eat” and, thus, pose no threat. While alates lack the mouthparts to chew wood or cellulose, the claim that they do not eat is misleading. Worker termites, which consume wood, feed the alates (and other nestmates) through trophallaxis (food sharing). The presence of swarmers, especially in large numbers or with discarded wings inside a home, is cause for alarm. It may indicate an active colony within the structure, potentially
hidden in walls or other concealed areas, leading to significant damage.

Implications of Formosan Carton Nests

Formosan termites’ ability to construct carton nests enhances their destructive potential. These nests, built above ground, inside walls, or attics, allow colonies to persist without constant soil contact, enabling prolonged infestations and accelerated damage. This
adaptation makes Formosan termites ferocious eaters, as they can remain active in structures longer without returning to ground than Eastern subterranean termites.

Termite Prevention and Legal Considerations

Termiticides used for prevention must be proven 100% effective for at least five years to gain EPA registration, ensuring robust protection when applied correctly. Every state mandates that termite prevention companies adhere strictly to product label and labeling requirements, which dictate application methods and safety protocols. Therefore, if you discover an infestation and structural damage despite paying for prevention services, it may indicate a failure in service delivery. In such cases, consulting a termite fraud and damage claim lawyer, such as Cochran Bowers PC, for a free consultation can help assess the extent of damages, verify whether promised services were performed, and explore legal rights or remedies.

Citations:

Henderson, G. (1996). Alate production and swarming behavior of the Formosan subterranean termite. Journal of Economic Entomology, 89(4), 803–807.

Lax, A. R., & Osbrink, W. L. A. (2003). United States Department of Agriculture–Agriculture Research Service research on targeted management of the Formosan subterranean termite Coptotermes formosanus Shiraki (Isoptera: Rhinotermitidae). Pest Management Science, 59(6–7), 788–800.

Potter, M. F. (2011). Termites. In S. A. Hedges (Ed.), Mallis Handbook of Pest Control (10th ed., pp. 293–374). GIE Media.

Messenger, M. T., Su, N.-Y., & Scheffrahn, R. H. (2002). Current status of the Formosan subterranean termite in the United States. Outlooks on Pest Management, 13(6), 219–224. Environmental Protection Agency. (2023).

Pesticide registration and evaluation. Retrieved fromVargo, E. L., & Husseneder, C. (2009). Biology of subterranean termites: Insights from molecular studies of Reticulitermes and Coptotermes. Annual Review of Entomology, 54, 379–403.

Su, N.-Y., & Scheffrahn, R. H. (2000). Termites as pests of buildings. In T. Abe, D. E. Bignell, & M. Higashi (Eds.), Termites: Evolution, Sociality, Symbioses, Ecology (pp. 437–453). Springer.

Nutting, W. L. (1969). Flight and colony foundation in termites. In K. Krishna & F. M. Weesner (Eds.), Biology of Termites (Vol. 1, pp. 233–250). Academic Press.

Thorne, B. L. (1998). Biology of subterranean termites of the genus Reticulitermes. National Pest Management Association Research Report, 7–14.

Su, N.-Y. (2002). Novel technologies for subterranean termite control. Sociobiology, 40(1), 95–101. https://www.epa.gov/pesticides

Rust, M. K., & Su, N.-Y. (2012). Managing social insects of urban importance. Annual Review of Entomology, 57, 355–375.

What is winning? I see a lot of bombast from my fellow trial lawyers on Social Media.  “You have to crush defense counse...
02/04/2025

What is winning?

I see a lot of bombast from my fellow trial lawyers on Social Media. “You have to crush defense counsel,” “always dominate your opponent,” “work early every day, come home late, forgot about weekends,” i.e., ignore your family and all the other things that nourish the soul, because that is the only way you can “win, win, win.”

For all the young lawyers out there - I believe there is another way. In fact, I know it.

It’s called balance.

Surround yourself with good people… and good things will happen.

With Love -

From Cochran, Bowers & Nichols

Happy Valentine’s Day… or… month… whatever it takes.

Ever wondered how to calculate damages in a termite damage claim?
12/23/2024

Ever wondered how to calculate damages in a termite damage claim?

Alabama Diminished Value ClaimWhen dealing with property damage, understanding the various types of damages available is crucial for property owners, legal professionals, and anyone involved in real estate transactions or disputes. This blog post will briefly explain the different categories of dama...

If you live in a 55 and older neighborhood and got injured in a head-on golf cart collision, you might be entitled to co...
12/22/2024

If you live in a 55 and older neighborhood and got injured in a head-on golf cart collision, you might be entitled to compensation… or a Darwin Award. Either way, the initial call is free.

Seasons Greetings! Here’s wishing a Happy Holiday Season to everyone. For those we represent or have represented and to ...
12/19/2024

Seasons Greetings! Here’s wishing a Happy Holiday Season to everyone. For those we represent or have represented and to the lawyers who have trusted us with their referrals, we are forever Grateful.

Hey Now
12/12/2024

Hey Now

07/13/2024

Food for thought: people write alot a lot but a lot is not alot… ever.

07/04/2024

All of us at Cochran Bowers PC wish you and yours a safe and happy Independence Day!

For the past 248 years, we have prevented our Democractic Republic from becoming a Despotic Government.

Keep up the good work!

"Be at war with your vices, at peace with your neighbors, and let every new year find you a better [person].” - Ben Franklin.

04/06/2024

Be Something Special Today.

“It is hard to understand nothing, but the multiverse is full of it. Nothing travels everywhere, always ahead of something; and, in the great cloud of unknowing, nothing yearns to be something, to break out, to move, to feel, to change, to dance and to experience – in short, to be something.” -Pratchett, T., Rising Steam.

Roughly between Mother’s Day and Father’s Day is termite swarm season.  For more information, see our Blog.
03/25/2024

Roughly between Mother’s Day and Father’s Day is termite swarm season. For more information, see our Blog.

Termite swarms are a natural phenomenon where winged termites, also known as alates, emerge from their colony to mate and establish new colonies. This usually occurs once a year during the spring or summer when conditions are optimal. If you notice termites swarming near your house, they may be attr...

 Wishing a Happy Birthday to our favorite attorney, Allie Nichols.
02/15/2024



Wishing a Happy Birthday to our favorite attorney, Allie Nichols.

Address

Hoover, AL
35244

Opening Hours

Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

Telephone

+12054601155

Alerts

Be the first to know and let us send you an email when Cochran Law posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Share