internet fraud?

[pabgraphics]

Hi,
I have a question. I recently had some work done on my home by a particular contractor that caused a lot of damage to my home. Since I do web design, I set up a page on my own website that shows that pictures of the damage and warns others not to use this particular contractor. Since I am registered in the search engines my site comes up right after there sight in search engines such as google etc. I recieved a call from the contractors recently threatening to go to a lawyer if I do not take the webpage down. Should I be worried about guilty of slander? My site has pictures of the damage, as well as some text warning people of the fraudulent ways of this company. Should I be worried?

 

[Michael Wechsler]

Hi,
I have a question. I recently had some work done on my home by a particular contractor that caused a lot of damage to my home. Since I do web design, I set up a page on my own website that shows that pictures of the damage and warns others not to use this particular contractor. Since I am registered in the search engines my site comes up right after there sight in search engines such as google etc. I recieved a call from the contractors recently threatening to go to a lawyer if I do not take the webpage down. Should I be worried about guilty of slander? My site has pictures of the damage, as well as some text warning people of the fraudulent ways of this company. Should I be worried?

That all depends. If what you wrote is factually true and not a liberty, then they really have no claim against you that can be enforced. This isn't to say that they won't try to sue you unsuccessfully. The burden of proof of showing that your materials are defamatory and libelous (slander relates to spoken words) is on the contractor and will bascially hinge upon whether the statements made were false. If they weren't, then the libel claim is not an option for them and this is likely puffing.

My question to you is why you didn't sue them if they caused so much damage to your home? If we're talking $50-700, that's not a whole lot but not insubstantial. But if you're talking about $10,000 you didn't pursue, that might raise some questions as to why you wouldn't pursue a claim and be ready to show some indication. What might be best for you to do is enter into some type of settlement agreement. If they don't agree, welcome them to go to court and countersue for your damages. If you win, you can post that on your site too!

Good luck and let us know how things turn out.