The praising and condemning of contractors

[Rob Tucker]

Please note: All postings, business listings and advertisements are made available here, without charge, as a public service by Punaweb. No recommendations or endorsements of any specific posting, business listing or advertisement are made or implied by Punaweb.

While I might hope that Punaweb's disclaimer (above) will protect it in the event of a lawsuit. The fact is that justice is exactly how much justice Punaweb can afford. It's a real can of worms. I can't see how I might be entitled to tell people they can't complain.

I could perhaps indicate that the legal issues this raises may end up killing Punaweb. One lawsuit and kiss Punaweb goodbye.

I can understand the inclination to run these topics of warnings and praise for contractors. Be aware that contactors are indeed looking at this and considering posting warnings about problem clients. Might be you.

So I must put this forth and let your judgment be your guide.


Punaweb moderator

[DickWilson]

I'm not an attorney, but thinking back to my business law class. I thought the truth was an absolute defense against libel. Could be wrong, but looks to me that if you can substantiate what you post, the scammers are out of luck.

dick wilson

[Rob Tucker]

I understand your point Dick, I took business law too. But reality is it is a case of how much justice can you afford.

Just the costs of preparing a response can be prohibitive. Would the ACLU defend Punaweb? Would the Hawaii Free Press?

See what I mean?

My recommendation would be of people to make warning postings along the line of "Anyone considering doing business with _______
should contact me directly."

I have had enough legal history to know that theory and reality are two different things. And that one person's facts are another person's fiction.

Punaweb moderator

[DanielP]

Rob,

Praising is not as big a problem as condemning.

While it may seem best to warn others about bad whoevers, the potential loss of PW is not worth it. It doesn't cost much to sue, but it sure can cost to defend.

I think that I would have to defend a "no names mentioned" policy.

That's life,
Dan

[Rob Tucker]

Thanks Daniel,

I would like to hear from others on the subject.

Punaweb moderator

[Kapohocat]

As my mother told me when I was five - "if you dont have something nice to say dont say anything at all - silence speaks volumes".

Ron Nickles wastewater contractors referrals list says a lot by those it doesnt include.

Catherine Dumond
Blue Water Project Management
808 965-9261
"We help make building your dream home a reality"

[oink]

I agree with Daniel. It's a disaster waiting to happen. Any chance of a legal opinion on how to accomplish some of the goals of the thread with minimal risk?

Pua`a
S. FL
Big Islander to be.

[DickWilson]

Ya, I agree with your suggested approach Rob. Last thing we want is to lose PW because some moron out there can't stand the truth about themselves. Rest assured that I will be calling on any names listed as call me before using.

dick wilson

[Bullwinkle]

If I remember right there were a number of suits regarding this issue. The ruling was that the administrator / owner of a website could only be held liable for information posted on his or her site if:

The administrator continued to keep it posted after being informed by injured party that the posted information was untrue.

the ruling came down within the last two years or so I am pretty sure it made it to the Supreme Court and was affirmed

[pslamont]

Bullwinkle, I like that one. AND if that happens and Rob has to remove a post, a simple note stating: We have removed a post regarding "XXX xxx XXX" corporation. If you have any questions regarding this person post a requst for personal email to you from anyone with information.

How would that be? Wording isn't the best but the intent... well it is an idea. I really like that we can post our experiences here. It help us all out.