Contractors have a lot of critical factors that occupy their mind. Besides the demanding requirements of a project, they also need to conduct themselves in a professional manner, work well with other industry professionals, and always consider certain legal ramifications for their actions on the job. The good news is that contractors have support. Whether you need help with reviewing contracts, lien claims, payment and performance bonds, defense against OSHA citations, breach of contract disputes, or defamation claims, as Naples construction lawyers, we are here to assist you with your legal needs.
In the following four-part article, we will first discuss what defamation is defined as in the State of Florida. In the second and third sections, we will cover some situations in which contractors are protected or unprotected from defamation claims. We will then conclude the series with some in-depth tips to avoid being accused of defamation.
The Broad Realm of Defamation Law
One of the more interesting and expansive areas of law involves defamation claims. Defamation claims can encompass many different scenarios. In some cases, claims can be extremely well calculated and complex cases involving several key parties of a construction project. In other cases, a claim could be as basic as a bad review on the internet. In the context of the construction industry, with so many professionals working together on a project to obtain a common goal, defamation cases can be quite common when things begin to go awry. Before we get into the intangibles of defamation law in construction, let’s do a quick overview of what defamation is defined as in the State of Florida.
Defamation in Florida
What is defamation? Under Florida law, the elements of a defamation claim are when a defendant deliberately produces a false statement or claim pertaining to the plaintiff. By nature, this false statement is created to harm either the affected party’s reputation or financial interest. Whether this statement is written (libel) or spoken (slander), the key to defamation claims is proving that the defendant intended to harm the plaintiff by their erroneous statement and that the end result negatively affected the plaintiff’s overall well-being.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.