A negative website

[crumb]

What is the name of your state (only U.S. law)? UT

I built my home a year ago and documented the whole process on a website. They did many unscrupulous things and I documented all of them. They obviously are not happy about my website since it gives very detailed descriptions of everything they did. Let me just say it was and has been a horrible experience.

What kinds of things should I avoid posting on my site? I don't want to get sued but I still want to get the word out that this company is so bad.

 

[FlyingRon]

Nothing will prevent you from getting sued. As long as you stick to factual information and avoid any intentionally malicious acts, it should be defensible.

 

[quincy]

What is the name of your state (only U.S. law)? UT

I built my home a year ago and documented the whole process on a website. They did many unscrupulous things and I documented all of them. They obviously are not happy about my website since it gives very detailed descriptions of everything they did. Let me just say it was and has been a horrible experience.

What kinds of things should I avoid posting on my site? I don't want to get sued but I still want to get the word out that this company is so bad.

You should avoid posting anything false and defamatory about the company or any individual working for the company, and you should have PROOF that all that you communicate is true, or that what you have written is pure opinion (opinion that does not state or imply false facts).

If you stick to just the facts of your one personal experience and if you just stick to pure opinion, and if you don't embellish the facts or imply false facts, and if you don't generalize about the company as a whole, or draw your own conclusions about the company from the facts of your one personal experience, you can still get threatened with a defamation lawsuit over what you write, and you could still get sued for defamation over what you write, but you probably will not lose a defamation suit.

In other words, avoid words like "unscrupulous." Let the reader of your review come to the conclusion that the company is unscrupulous based on the facts of your experience. Do not label your experience for them. Do not draw conclusions for them.

I suggest you visit the following website and search for the "Legal Risks" module - it details what can and cannot be said safely online and provides you with the reasons why: http://www.kcnn.org.

 

[TigerD]

Just to add to what quincy wrote --

Just because you may win a defamation lawsuit doesn't mean you will not also still lose. Defending the suit could cost you tens of thousands of dollars.

You may want to consider if your serving as the platform of informing people about this company is worth the risk.

DC

 

[xylene]

If this contractor/builder is so lousy, you should consider suing them, instead of doing something passive aggressive which will get you sued.

 

[crumb]

Can I sue them if they have an arbitration clause in the contract?

 

[Zigner]

Can I sue them if they have an arbitration clause in the contract?

Maybe it's time to speak to an attorney...