Browse Forums Building A New House 1 Jan 23, 2008 11:13 am Just been informed by my CSR that my builder might want to take legal action against my blog. There will be a big meeting next Wednesday at their office.
Anyone experiencing similar situation? Any suggestion or comments welcomed! Re: Help, they want to take legal action against my blog??!! 2Jan 23, 2008 11:27 am On what basis 'might 'they want to?
I would suggest that you make contact with them, and ask them what their issue is? Ask them to put it in writing as well. Adrian B Re: Help, they want to take legal action against my blog??!! 3Jan 23, 2008 11:28 am Did you sign a confidentiality agreement?
We had a similar issue with our builder earlier on....i had to remove some pricing off the blog and the forum and they have specified that i need to be careful as to what is put on my blog and this forum...for the benefit of them AND us!!! And in line with the agreement we signed. I know that our builder staff reads the forum REGULARLY and my blog (sometimes daily) so they know what i am up to....I see it as a bonus that they can see the progress of our house without leaving their chairs in the office, quite frankly!!! But you need to be careful, if there is anything that is copyright or trademarked etc, they have the right to request that you remove it or worse, take legal action....BUT.... there is always a compromise.... I'm sure they don't want the bad publicity either???? PM me if you want more info? Good Luck. Re: Help, they want to take legal action against my blog??!! 4Jan 23, 2008 11:35 am Notice I haven’t been saying anything about builders lately!!!!!
I have had the whacking stick…..just got off by the hair on my chin!!!!! I think the word is getting out about this forum as well! That’s why it is important not to mention names!!! Blogs are just as bad, they are internet generated, and we can ALL read them. Is my point getting across????? Internal and External Building and Colour Consultant Online - Worldwide http://www.denovoconcepts.com Re: Help, they want to take legal action against my blog??!! 5Jan 23, 2008 11:37 am Adrian B On what basis 'might 'they want to? I would suggest that you make contact with them, and ask them what their issue is? Ask them to put it in writing as well. Don't know, that's why we are meeting them next week... Re: Help, they want to take legal action against my blog??!! 6Jan 23, 2008 11:40 am **Phoenix** Did you sign a confidentiality agreement? Urh.... can't remember to be honest... What if I did?? **Phoenix** We had a similar issue with our builder earlier on....i had to remove some pricing off the blog and the forum and they have specified that i need to be careful as to what is put on my blog and this forum...for the benefit of them AND us!!! And in line with the agreement we signed. I know that our builder staff reads the forum REGULARLY and my blog (sometimes daily) so they know what i am up to....I see it as a bonus that they can see the progress of our house without leaving their chairs in the office, quite frankly!!! But you need to be careful, if there is anything that is copyright or trademarked etc, they have the right to request that you remove it or worse, take legal action....BUT.... there is always a compromise.... I'm sure they don't want the bad publicity either???? PM me if you want more info? Good Luck. I checked my blog, there is a "disclaimer" that says "This blog is only intended to tell our story to family, friends and any others whom may be interested in reading. Individual names will not be used on this blog, and our personal information will not be posted. Company names are used with the intent of telling our story. If a company listed on our blog believes that statements have been made of an abusive, obscene, vulgar, slanderous, hateful, threatening, or defamatory nature please contact us to allow the item in question to be edited or removed from the blog. " If they are not happy with anything, just let me know and we can work out something together. Threaten customers with legal action is certainly not a welcomed method. I have sent an email to my solicitor for opinion, hopefully get some support or something. Re: Help, they want to take legal action against my blog??!! 7Jan 23, 2008 11:41 am I had a look at a few of the posts, I cannot see any issues with them, but I am ot a legal person, and certainly not a builder
Go in with an open mind, listen and discuss. Ask specifics, "you dont like this post, why?' You may need to remove some postings, or call in the lawyers, essentially it is up to you to decide, and to wokr with the builder to get your issues resolved and theirs. Suggest that if they fix the issues withn 2 weeks, you will remove the psts temporarily, subject ro repair. make sure you give credit where it is due, just as much as criticism. Just my 2 cents Adrian B Re: Help, they want to take legal action against my blog??!! 8Jan 23, 2008 11:43 am Just read your BLOG….the first 3 posts were negative ones about the work and material used.
I only read 3, so I would say there’s a bit in there for them to be upset over! But…..I also agree with freedom of speech! From here I can say no more! Good luck Internal and External Building and Colour Consultant Online - Worldwide http://www.denovoconcepts.com Re: Help, they want to take legal action against my blog??!! 9Jan 23, 2008 11:45 am Allan,
Unless you have personally attacked the builder or defamed them intentionally I would be worried. Stick to the facts and keep the emotion out of it! And don't be scared.... LOL Builders are just people too Re: Help, they want to take legal action against my blog??!! 10Jan 23, 2008 11:49 am As mentioned by Adrian, go into the meeting with an open mind....they are not going to litigate over a blog!!! Defamatory remarks, they would need to prove that they have "lost" business from the remarks you have made... Prove it????
Don't stress, it could be a bit of bullying on their part to remove some comments made or even the weekly issues that they see on your blog....that's my initial thought??? Yes and i agree, a well deserved pat on the back works wonders, everyone appreciates those.... You'll be able to work through it with them.... Re: Help, they want to take legal action against my blog??!! 11Jan 23, 2008 11:56 am Adrian B You may need to remove some postings, or call in the lawyers, essentially it is up to you to decide, and to wokr with the builder to get your issues resolved and theirs. Suggest that if they fix the issues withn 2 weeks, you will remove the psts temporarily, subject ro repair. I like that, that's good negotiation. Thanks! Adrian B make sure you give credit where it is due, just as much as criticism. I did! Re: Help, they want to take legal action against my blog??!! 12Jan 23, 2008 11:57 am mattwalker Allan, Unless you have personally attacked the builder or defamed them intentionally I would be worried. Stick to the facts and keep the emotion out of it! And don't be scared.... LOL Builders are just people too "personally attacked the builder or defamed them intentionally" That's a bit hard to judge isn't it?? Emotion wise, well, if you got such bad leaking as mine, it's going to be a bit difficult, but I will try..... Re: Help, they want to take legal action against my blog??!! 13Jan 23, 2008 12:03 pm **Phoenix** Defamatory remarks, they would need to prove that they have "lost" business from the remarks you have made... Prove it???? That's good one! Thanks **Phoenix** Don't stress, it could be a bit of bullying on their part to remove some comments made or even the weekly issues that they see on your blog....that's my initial thought??? To be honest, I am actually getting more stress and pressure from my wife, not the builder... About removing commenst and posts, I am open for discussion, will see what they say next week at the meeting... **Phoenix** Yes and i agree, a well deserved pat on the back works wonders, everyone appreciates those.... You'll be able to work through it with them.... Thanks! Re: Help, they want to take legal action against my blog??!! 14Jan 23, 2008 12:07 pm Michelle Just read your BLOG….the first 3 posts were negative ones about the work and material used. I only read 3, so I would say there’s a bit in there for them to be upset over! But…..I also agree with freedom of speech! From here I can say no more! Good luck But if you look from a different angle, if it's done correctly without the rework or wrong material, certainly it would be a positive comment. If you purchase a brand new computer, when you got home you found that it has scratches on the screen or virus infection or missing some software, would you be happy about that? Re: Help, they want to take legal action against my blog??!! 15Jan 23, 2008 12:12 pm ahuang Michelle Just read your BLOG….the first 3 posts were negative ones about the work and material used. I only read 3, so I would say there’s a bit in there for them to be upset over! But…..I also agree with freedom of speech! From here I can say no more! Good luck But if you look from a different angle, if it's done correctly without the rework or wrong material, certainly it would be a positive comment. If you purchase a brand new computer, when you got home you found that it has scratches on the screen or virus infection or missing some software, would you be happy about that? Hey…..I’m with you…..just not allowed to say too much. I totally agree with you!!!!!!!!! :wink: Internal and External Building and Colour Consultant Online - Worldwide http://www.denovoconcepts.com Re: Help, they want to take legal action against my blog??!! 16Jan 23, 2008 12:14 pm ahaung,
I think you need to be professional about this. If the builder has issues with something in your blog, ask them to put it in writing detailing what their concern is. You can then address it in the correct manner. From what I can gather you can mention company names on the web. You can make any statements of fact. You can't defame individuals. I'm not sure what you can and can't say about companies. But think about it, magazines review companines and their products all the time. Sometihmes they write scalliung reviews. Are they allowed to? Of course. I wouldn't waste my time to go to their office when it would be far more professional and effecient for them to put it in writing. Cheers, Casa Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Help, they want to take legal action against my blog??!! 17Jan 23, 2008 12:20 pm Casa2 ahaung, I think you need to be professional about this. If the builder has issues with something in your blog, ask them to put it in writing detailing what their concern is. You can then address it in the correct manner. From what I can gather you can mention company names on the web. You can make any statements of fact. You can't defame individuals. I'm not sure what you can and can't say about companies. But think about it, magazines review companines and their products all the time. Sometihmes they write scalliung reviews. Are they allowed to? Of course. I wouldn't waste my time to go to their office when it would be far more professional and effecient for them to put it in writing. Cheers, Casa Hi Casa, That's a very good advice. I think I will review my blog first. Probably start with removing their company name and any individual names and probably anything that's not nice.... About the going to their office part, I don't want to go either, it's my wife that's jumping up and down on this.... As I said before, I think I got more pressure from her than my builder...... Re: Help, they want to take legal action against my blog??!! 19Jan 23, 2008 1:03 pm Adrian B Just a question, why have they decided to approach you now? Don't know, may be the "to-be-fixed" list is a bit long and it looks very embarrasing as they can't fix them?? Re: Help, they want to take legal action against my blog??!! 20Jan 23, 2008 1:13 pm I am no big lawyer, but I can't see how they (any builder) can have a case against anyone here.
People have every right to say anything they like to anyone they like. It's a free country. If they try to claim defamation, then you will just have to prove that what you've said is not false. But any confedentiality agreement in this case, surely isn't worth the paper it's written on. Wouldn't stand up in court. And if a builder was foolish enough to proceed, they would lose more on the battle becoming public. You could go to a current affair program and make them look like a bully, which will lose them a lot of customers. That is the kind of publicity they don't need. Currently Building in Bayside (Brighton East) DIY, Home Maintenance & Repair I'm in WA and our sandy soils make drainage a bit easier but this is what I'd be doing. Dig down to your footings and let the wall dry out. Clean it all well by brushing… 1 5156 6 4321 0 4934 |