Author Archives: Chris Strang

About Chris Strang

Mr. Strang is a founding partner of the firm and specializes in business litigation and construction law. He has represented clients through all phases and forms of dispute resolution including bid protests at the Attorney General’s office, mediations, arbitrations and first-chairing at trial.

Home Improvement Contracts in Massachusetts

By on July 22, 2020

Home improvement projects can go very wrong, very quickly. Disagreements between contractors and homeowners can arise at any stage of construction, and parties that were once committed to working together may find themselves on opposite sides of the courtroom. Although it’s impossible to eliminate all potential areas of conflict, there are a number of steps that contractors can take to reduce the areas of potential dispute.

Ensuring that the contractor’s contract with the homeowner complies with the requirements of Massachusetts General Law Chapter 142A, § 2 (Regulation of Home Improvement Contractors in Massachusetts) should be a top priority. Unfortunately, many contractors overlook the requirements of M.G.L. c. 142A, opening themselves up to increased liability in the event the homeowner decides to sue.

Violations of M.G.L. c. 142A are by law, violations of Massachusetts General Law c. 93A (the Consumer Protection Statute). Contractors who fail to comply with M.G.L. c. 142A may find themselves liable for violations of M.G.L. c. 93A and potentially liable for triple damages, as well as the homeowner’s attorney’s fees and court costs.

So what is M.G.L. c. 142A? M.G.L. c. 142A is a law designed to protect both homeowners and contractors from unfair and dishonest practices arising out of residential construction projects. Chapter 142A only applies to home improvement contracts for one to four family residences where the total contract price is greater than $1000.00.

A common mistake contractors make, especially in smaller projects, is entering into a verbal agreement with the homeowners, beginning work, and then sending the homeowners some written description of the work to be done. However, M.G.L. c. 142A makes it clear that if your home improvement contract is for $1000.00 or more, certain pieces of information must be included in the contract and the complete contract must be signed before the contractor can begin work on the project. The following paragraphs provide a guide to the contract provisions required by M.G.L. c. 142A.

Identifying Information. Your Home Improvement Contractor number and/or your Construction Supervisor License number must appear on the first page of the contract. The first page of the contract must also include your name, your business’s name, your Federal Employment ID Number or your social security number, your phone number, the name of any salesperson that was involved in the transaction, and your address. The address on the contract cannot be a P.O. Box, it has to be a physical address. Additionally, the first page must have the date the contract was signed.

Description of Work and Materials. After you lay out all the identifying information on the first page, you can move on to the substance of the contract. Importantly, the contract should include a clear and detailed description of all work to be done on the residence, including materials to be used and should state what, if any, other documents are included as part of the contract. These documents can include materials lists, designs, plans, and specifications.

Dates. There are also important dates that must be included in the contract. Specifically, the contract must state when you are going to start work on the project and when the project will be substantially completed.

Payments. One of the most common problems with home improvement contracts involves the deposit. By law you cannot require the homeowner to pay a deposit of more than one third the total contract price. This means that if your contract price is $15,000.00, you cannot require a deposit of $5,001.00, because that is more than one third the total contract price. There is an exception for custom made materials that have to be ordered before the project begins in order for the project to proceed as scheduled. In those cases, the deposit may be equal to the actual cost of the custom materials if the actual cost of the materials is greater than one-third of the total contract price.

The contract must also include a schedule of when you will be paid. This schedule can be set dates, or it can be based upon when you complete certain portions of the project. Either one is acceptable, but you need to make sure that a payment schedule is included in the contract.

Permits. As the contractor, you are generally responsible for obtaining the permits for the project. Your contract should include a list of all permits that are required for the project and a notice stating that you will be responsible for acquiring the permits. The contract must also include a clause that states that homeowners who obtain their own permits will not be eligible to access the Guaranty Fund established by M.G.L. c 142A, § 5.

Notices. There are certain notices regarding the homeowner’s rights that also must be included in the contract. The contract is required to include a 3-day cancellation notice that informs homeowners of their right to cancel the contract within three business days after signing the contract. Contractors should place the 3-day cancellation notice on a separate page so the homeowner can easily sign the notice and mail back to the contractor should the homeowner choose to cancel.

Additionally, the contract must include a clause that states that all home improvement contractors and subcontractors are required to be registered, and that any inquiries about a contractor or subcontractor relating to their registration, should be addressed to the Office of Consumer Affairs and Business Regulation Home Improvement Contractor Program at 1000 Washington Street, Suite 710, Boston, MA 02118, (617) 973-8787.

The last set of notices should inform the homeowner of all warranties on the homeowner’s rights, and whether any lien or security interest has been placed on the residence as a result of the contract. Even if no lien or security interest has been created by the contract, it is important to include notice of that.

Signature. Something that may seem obvious but can be overlooked in smaller home improvement contracts is the signature. Both the contractor and the homeowner must sign the contract, and a copy of the signed contract must be given to the homeowner before the contractor is legally allowed to begin work on the project. Above the lines for the signatures there must be a notice, in no smaller than 10-point, bold font that states “Do not sign this contract if there are any blank spaces.”

Arbitration. As the contractor, if you want to give yourself the option of taking any dispute that might arise to arbitration, you need to include a separate arbitration clause in the contract. The clause should state

The contractor and the homeowner hereby mutually agree in advance that in the event that the contractor has a dispute concerning this contract, the contractor may submit such dispute to a private arbitration service which has been approved by the Office of Consumer Affairs and Business Regulation and the consumer shall be required to submit to such arbitration. Note: The signatures of the parties above apply only to the agreement to the parties to alternate dispute resolution initiated by the contractor. The owner may initiate alternative dispute resolution even where this section is not signed separately.

Both the contractor and the homeowner must sign and date the arbitration clause for it to be valid.


M.G.L. c. 142A is an incredibly significant law for contractors, and it is important for contractors to be aware of the requirements of the law. The law is very specific about what must be included in a contract for the renovation of a one to four family residence. If you have any questions about whether your home improvement contract complies with M.G.L. c. 142A, you should contact an attorney who specializes in construction law who can review the contract and provide you with guidance. Making sure you comply with M.G.L. c. 142A prior to starting work on a project can reduce the areas for possible disagreement later on.

Massachusetts Implements New Diversity Initiatives For Public Construction

By on July 2, 2020

Starting July 1, 2020, the Commonwealth is implementing new strategies to enhance women and minority participation on public construction projects. Through its Affirmative Marketing Program (“AMP”) Massachusetts is “amping” up its outreach, education and training efforts to attract more women-owned business (“WBE”) and minority-owned business (“MBE”) contractors, material suppliers, and design professionals.

In order to maximize effectiveness, the participation goals will be separate and distinct for MBE as compared to WBE, as well as being project specific, and falling under the umbrella of annual goals. The goals will seek to address existing disparities while considering availability of MBE and WBE options for each project. The new rules will apply to the Division of Capital Asset Management and Maintenance (“DCAMM”) and certain other public building projects.

Governor Baker also recently proposed legislation that will create even more opportunities for MBE and WBE businesses in public construction work, which would provide new opportunities for small MBE and WBE businesses to participate in certain projects. Stay tuned for updates on that legislation.

For more information on the new AMP initiatives check out the DCAMM website at or contact your construction lawyer.

New Guidance from Massachusetts on Reopening Office Space

By on May 20, 2020

Reopening The Office 

Under the Governor’s phased reopening plan office spaces outside Boston will be allowed to resume operations at 25% capacity beginning on May 25, 2020 and offices inside Boston may reopen at 25% capacity on June 1. Prior to reopening, businesses in all industries  are required to develop a written COVID-19 Control Plan outlining how the business will prevent the spread of coronavirus; sign and display a Compliance and Attestation poster informing visitors and employees that the business has developed and implemented procedures and protocols related to social distancing, hygiene, staffing and operations, and cleaning and disinfecting; and hang posters informing both employers and employees of the mandatory safety standards that have been established.

The Commonwealth released additional safety standards specifically for office spaces that must be implemented before workers are allowed to return to the office. The safety standards fit into four main categories; (1) social distancing; (2) hygiene protocols; (3) staffing and operations; and (4) cleaning and disinfecting.

Social Distancing

Initially, offices may only operate at 25% capacity. Capacity is determined either by the maximum occupancy specified by the office’s occupancy permit or the state building code, or the office’s typical occupancy as of March 1, 2020. Importantly, if the office has been operating as an essential business it must be in compliance with the occupancy requirements by July 1, 2020. Under limited circumstances related to public health and safety, or the provision of critical services, businesses may operate at a higher occupancy if there is a demonstrated need.

Businesses are encouraged to take creative approaches to social distancing and must take all practicable steps to ensure that individuals are at least six feet apart. Offices may need to be reconfigured to prevent congregating in common spaces, or to adequately separate workstations. Businesses should consider separating tables or desks, or by marking spots for people to work that are at least 6 feet apart. If work stations cannot be physically spread out, businesses must install physical barriers that are taller than standing workers.

If possible, businesses should create single-direction walkways and should assign workers specific physical locations to reduce movement and contact between workers. Moreover, businesses should consider staggering start, end, and break times to avoid large groups of people arriving and leaving at the same time, to prevent bottlenecks at exits and entrances, and to allow adequate social distancing in common areas.

Businesses must also take steps to create adequately ventilated spaces by opening windows and doors when possible. Only one person should be in a confined space at any given time. If more than one person must be in a confined space, all workers must wear a mask or face covering. To limit the use of shared, confined spaces, in-person meetings should be limited in quantity, duration, and attendance. Additionally, cafeterias may only serve pre-packaged foods. Businesses should limit visitors.

Hygiene Protocols

As from the beginning of the COVID-19 emergency, employees should be encouraged to wash their hands frequently and thoroughly. Businesses must make sure that employees have access to either handwashing facilities with soap and running water, or alcohol-based hand sanitizers with at least 60% alcohol. Employers should provide employees with cleaning supplies to keep their individual workstations clean and sanitized. High-touch surfaces must be cleaned at least daily, and workers should avoid sharing office equipment. If workers must share office equipment, the equipment should be disinfected after each use. Employers should post signs to regularly remind workers of the safety standards.

Staffing and Operations

Businesses will likely need to alter their operations to comply with safety standards and protocols. Businesses should provide training to workers on proper and up-to-date safety procedures relating to social distancing, hygiene, and cleaning. Workers should wear masks when social distancing is impossible and should continue to work at home if possible. Meetings should continue to be held virtually to enable social distancing.

Schedules should be staggered when possible to keep occupancy low. Visitors and on-site service providers should be limited, and businesses should create a designated shipping and receiving area to reduce contact between employees and outside workers. The business should keep a log of everyone that comes into the office, including temporary visitors, to enable contact tracing if someone in the office is diagnosed with COVID-19.

Most importantly, workers should be encouraged to stay home if they are feeling ill or experiencing any symptoms of COVID-19, or if they have been in close contact with anyone who has been diagnosed with COVID-19. If a worker tests positive for COVID-19 they should be encouraged to disclose their diagnosis to their employer so that the office can be properly cleaned and disinfected.

Cleaning and Disinfecting

The office should be cleaned daily, at minimum, but more often if possible. Businesses should keep a log that includes the date, time, and scope of cleaning to ensure that cleanings are completed regularly. High-touch surfaces such as doorknobs, vending machines, and elevator buttons must be frequently disinfected and shared spaces such as conference rooms should be cleaned in between uses. If a worker is diagnosed with COVID-19, the office must be shut down for a deep cleaning and disinfecting.

These guidelines from the Commonwealth are the minimum safety standards businesses must put into practice in order to reopen. Businesses are encouraged to be creative and to develop additional safety procedures and protocols in order to prevent the spread of COVID-19. By taking careful, meticulous steps to create safe workspaces, businesses can make their reopening process as smooth and uncomplicated as possible.

New Guidelines for Safe Construction Sites

By on May 20, 2020

Massachusetts Reopens: Construction Guidelines

On May 18, 2020 Governor Charlie Baker released his four-phase plan for reopening Massachusetts. During Phase 1 beginning on May 18, essential businesses, manufacturing and construction will be allowed to resume operations. The Commonwealth published both general and industry specific guidelines that business must adhere to in order to reopen. Although the following guidelines apply to projects across Massachusetts, many cities and towns have developed additional guidance and protocols for construction sites, and it is important for owners and contractors to check with the municipalities where their projects are located for additional requirements prior to reopening.

Requirements Applicable to All Industries

In addition to industry specific reopening guidelines, the Commonwealth has released three requirements applicable to all industries; (1) the COVID-19 Control Plan; (2) the Compliance and Attestation Poster; and (3) the Mandatory Workplace Safety Posters.

First, businesses must develop and implement a written COVID-19 control plan. The COVID-19 Control Plan addresses social distancing measures, hygiene protocols, staffing and operations, and cleaning and disinfecting procedures. A sample COVID-19 Control Plan template is available from the Commonwealth.  This plan does not need to be submitted and approved, but it must be kept onsite in the event of an inspection or COVID-19 outbreak.

After creating the COVID-19 Control Plan, customer-facing business must complete, sign, and display a Compliance and Attestation Poster. The Poster informs visitors and employees that the business has implemented social distancing measures, cleaning and disinfecting protocols, provided hygiene instruction, and requires the employees to wear masks. The Poster must be visible to employees and visitors. The Commonwealth has provided a template Compliance and Attestation Poster.

As part of the implementation of the COVID-19 Control Plan, businesses are required to display posters detailing the Mandatory Safety Standards outlined in the Plan. The Commonwealth has developed separate posters for workers and employers which must be displayed where employees can see.   

Specific Guidelines for the Construction Industry

In addition to the general requirements applicable to all industries, the Commonwealth has released guidelines specifically for construction sites. Many of the site safety requirements have been in place since the beginning of the COVID-19 emergency, and continue to be in effect. Additionally, the processes for addressing a confirmed case of COVID-19 on site is still in place.

General Requirements for Construction Sites

Workers on all sites must continue to self-certify prior to every shift that they have had no fever over 100.3 degrees or other signs of fever, cough, or shortness of breath within the past 24 hours; they have not been in close contact with a person who was diagnosed with COVID-19; and have not been asked to self-isolate or quarantine by their doctor or public health officials. However, there are other important details that contractors, project managers, and owners should be aware of.

All construction sites, other than construction on 1- 3 family residences, must have a site-specific COVID-19 officer who is required to submit daily written reports to the project owner certifying that the contractor and all subcontractors are in compliance with the COVID-19 Construction Safety Guidance.

Additionally, all outdoor construction projects without easy access to an indoor bathroom are required to install wash stations, with adequate stocks of soap and paper towels, and hot water if possible. For 1-3 family residential projects without ready access to indoor restrooms, contractors may provide adequate supplies of hand sanitizer to each worker rather than installing wash stations.

Special Considerations

Large, Complicated Construction Projects

For large, complicated construction projects, the city or town where the project is located may require the owner to develop a site-specific risk analysis and enhanced COVID-19 safety plan. The city or town reviews then reviews and approves the plan, and the plan is implemented. The city or town may require the project to stop work until an enhanced plan is submitted and approved. Any violations of the enhanced COVID-19 safety plan are treated the same as violations of the Commonwealth’s COVID-19 Construction Safety Guidance.

Importantly, a city or town has the authority to require the Owner of a large, complicated private construction project to pay for, or pay into a pooled fund, for an independent third-party inspector or inspection firm to enforce the COVID-19 Construction Safety Guidance and any enhanced COVID-19 safety plan. The third-party inspector is only accountable to the city or town, and the city or town has the authority to pause work on a project until a third-party inspector has been retained. The Commonwealth has provided no guidance on how projects may be classified as “large” and “complicated.”

Special Guidelines for Large, Complicated Public Construction Projects

For projects undertaken, managed, or funded by a state agency or authority, there is joint responsibility between the state agency and the town or municipality in which the project is located. The Owner has the lead responsibility for compliance and enforcement including frequent on-site inspections by an employee or contractor who is familiar with COVID-19 guidance and is authorized to enforce the guidance and shite down the work site if violations are found. The owner must notify the municipality where the project is located if the project is shut down or when it finds violations of the COVID-19 guidelines and a plan for corrective action. Work can be paused on a construction project until a plan is developed, approved and implemented.

1-3 Family Residential Construction Projects

1-3 family residential projects that have 5 or fewer workers on site at any given time, do not need a site-specific COVID-19 officer. A contractor may designate a COVID-19 officer to be responsible for all the small construction sites in a city or town. The COVID-19 officer should be in daily contact with each of the sites to ensure they are in full compliance with the COVID-19 guidelines and the COVID-19 officer must still prepare daily reports covering all the small sites.

Consequences of Non-Compliance

If construction sites fail to adhere to the COVID-19 guidelines, the municipality has the authority to shut down work on the project until a plan for corrective action addressing each area of noncompliance is developed and approved by the owner. If the site is found to have additional issues of non-conformance, action may be taken against the contractor’s prequalification and certification status. 

A Case of COVID on Your Construction Site

By on May 6, 2020

Despite taking all required and recommended precautions, there is still a chance that someone
on your site might test positive for COVID-19. If a worker on your site tests positive for COVID-19, there are steps you must take to ensure the health and safety of your workforce and to comply with the requirements established by the Commonwealth of Massachusetts.

Most importantly, if any worker on your site is exhibiting symptoms of COVID-19 such as fever,
cough, or shortness of breath, instruct them to leave the worksite immediately and to contact their healthcare provider. Once a worker is confirmed to be COVID-19 positive, the Massachusetts Department of Health or a local board of health will notify the people who were in close contact with the COVID-positive worker. The contractor or site supervisor will be required to work with the Department or local board of health to identify anyone who may have had close contact with the COVID-positive worker. These people may include other workers, vendors, inspectors, subcontractors or visitors to the work site. Any person who is deemed to have been in close contact with the COVID-positive worker should be sent home and should not return to the construction site for fourteen days. Any person who is subsequently confirmed to be COVID-19 positive should not return to work until cleared by their healthcare provider.

Once a supervisor becomes aware that one of their workers is COVID-positive, they must inform the designated site COVID-19 safety officer, the site safety officer (if different from the COVID-19 safety officer), and the owner of the project that there was a confirmed positive case of COVID-19 on site. Importantly, supervisors must keep the identity of the COVID-positive worker confidential in compliance with health information privacy laws.

Additionally, immediately after learning of a COVID-positive worker on-site, the site supervisor
or contractor should identify surfaces that the infected worker may have touched. These surfaces include high-contact areas like door handles and light switches, as well as supply cabinets, designated work stations, shared tools and equipment, and common areas such as bathrooms, break rooms, tables, vending machines. The contractor or site supervisor must use personnel, equipment, and material approved for COVID-19 sanitization to thoroughly disinfect all identified surfaces and areas. Workers may, but are not required to be sent home during this cleaning. It’s important that healthy workers not return to these areas until the sanitization process is complete and it is deemed safe to enter.

A positive case of COVID-19 is not in and of itself cause for a town or municipality to shut down
a construction site. However, if the town or municipality determines that your construction site is not in compliance with COVID-19 safety requirements, or that you are unable to comply with the safety requirements, the town or municipality may shut down your project for the duration of the state of emergency. Therefore, it is important to make sure your site is in full compliance with all guidelines and regulations in order to keep your site up and running.

Getting Direct Payment for Subcontractors when General Contractors Fail to Pay

By on March 20, 2019

Massachusetts law provides a mechanism through which subcontractors on public projects may get paid directly from awarding authorities. If a general contractor does not pay a subcontract balance due within seventy days after the subcontractor substantially completes the work, the subcontractor may demand payment directly from the awarding authority in certain circumstances. These requirements are outlined in M.G. L. c. 30, § 39F.

First, for a subcontractor to recover via direct payment it must be either a filed sub-bidder or been approved in writing by the awarding authority. A proper demand is made by sending a letter to the awarding authority detailing the balance owed under the subcontract with a breakdown of the accounting, and the status of the subcontract work. The letter must be under oath and sent via certified mail to both the awarding authority and general contractor. The general contractor must respond with any disputes within 10 days. If the general contractor timely disputes the claim the awarding authority must place the disputed amount in a joint bank account for the subcontractor and general contractor. If the dispute is for only part of the claim, the awarding authority must pay the subcontractor the undisputed balance, and place the disputed portion in a joint account until the dispute is settled. Once the general contractor and subcontractor come to an agreement, the bank must release the amount as instructed by them. If they do not reach an agreement, the bank can release the amount in accordance with a court order. The awarding authority must pay the subcontractor the undisputed balance due within 15 days of receipt of the demand.

It is best to consult with a construction attorney to ensure strict compliance with statutory requirements when making direct payment demands.

Promise to Pay Doesn’t Change Mechanic’s Lien Deadline

By on February 20, 2018

In a recent decision, D5 Iron Works, Inc. v. Danvers Fish & Game Club, Inc., & Others, the Appeals Court of Massachusetts ruled that an owner’s promise to make payment to the subcontractor did not excuse the subcontractor’s failure to timely file suit.

In the case, the general contractor was delinquent in paying the subcontractor. The subcontractor timely filed a Notice of Contract  as well as a Statement of Account .  Nevertheless, Massachusetts lien law requires that a lawsuit be filed within 90 days of filing the Statement of Account.

According to the Subcontractor, the project owner represented that the subcontractor would be paid. The subcontractor testified that it relied on that representation in not timely filing the lawsuit.

Consistent with its prior decisions, the court ruled that mechanic’s lien statutory deadlines are to be strictly enforced, and denied the subcontractor’s claims.*  This case stands as a fresh reminder that the statutory deadlines for mechanic’s lien filings are enforced strictly, and not generally subject to extension or modification by private agreement.  Contractors and subcontractors should take care to observe deadlines ardently in order to avoid losing their mechanic’s lien rights.


*At the time of this article, it remains unclear whether either party will appeal the decision, which went unpublished. 


Massachusetts Awarding Authorities Must Allow Sub-bidders to Respond to Negative Reviews

By on January 9, 2018

The Massachusetts Attorney General’s Bid Protest Unit (“AG”) recently decided that when an awarding authority seeks references not listed by the sub-bidder, it must give the sub-bidder the opportunity to respond when such reviews are negative.

In the case, the Barre Housing Authority (“BHA”) sought public bids for a panel replacement project. BHA checked the references for the low sub-bidder, but also reached out to an unlisted public entity for which the sub-bidder had previously performed work. That public entity gave the sub-bidder a negative review, which caused BHA to reject the low sub-bidder’s bid.

The sub-bidder filed a bid protest. Pursuant to Massachusetts public bidding laws the AG’s office conducted an investigation and held a hearing. The AG decided that while BHA reaching out to references not listed by the sub-bidder was not improper, by doing so they implicitly created an obligation to offer the sub-bidder a chance to rebut the negative reference.

The AG ordered BHA to reconsider its decision to reject the low sub-bidder, in light of the ruling.  Should you have questions concerning your rights as a bidder, you’d be well-advised to consult with an experienced construction attorney versed in public bidding protests.

Selecting the Right Home Improvement Contractor in Massachusetts

By on August 14, 2017

Selecting a contractor for a home improvement project is both exciting and fraught with peril. The right one can deliver your dream home, and the wrong one can make your living space a nightmare for an extended period of time.  Fortunately, Massachusetts maintains strong consumer protections against the latter in M.G.L. c. 142A, the Home Improvement Contractor statute.

Contractors are required by law to include specific provisions and notices in contracts with consumers. Homeowners should thoroughly investigate the contractor up front and be well-versed in their rights

Construction consumers should consider some practical tips is selecting their residential construction or home improvement contractor:  

(1)      Do thorough research and get multiple quotes. Many websites provide reviews and commentary on contractors from prior customers, such as yelp and angies’s list.

(2)      Make sure the contractor you choose is registered as a Massachusetts home improvement contractor;   

(3)      Verify that the construction supervisor the company plans to use to oversee the project day-to-day has a valid construction supervisor’s license; and  

(4)      Insist upon a complete written contract, signed by both parties, prior to making any deposits or starting any work.  At a minimum, your contract should include the following information:

          a physical address for the contractor, not just a post office box, along with the name of the salesperson and the construction supervisor for your project;

          a start date and a completion date for work, so that you don’t find yourself lower on the contractor’s priority list than other projects soon after making your deposit;

          a clear scope of work, including as much detail as possible.  If you’ve agreed upon certain brands for hardware or fixtures, be sure those brands appear in the contract; and

          specific benchmarks for making progress payments, including the amount for each such payment.

Do not make final payment to your contractor until all of the work is completed to your satisfaction.  Be sure to ask for a copy of the contractor’s insurance policy and call the insurance company to verify that it is current.

For substantial projects, have a qualified construction lawyer review your contract prior to signing it.  A small investment with a construction attorney can save thousands of dollars and immense frustration by avoiding traps for the unwary hidden in contract documents and by adding appropriate layers of protection into your contract that homeowners are not likely to add on their own.

Jury Awards $1,000,000 For Business Defamation Claim

By on August 3, 2017

     In a recent decision in Dallas, Texas District Court, a jury awarded $1,000,000 in damages to a wedding photographer due to defamatory statements published in the media, and in particular on internet sites and social media. 

     Every business owner fears the damage that negative comments made online can do to their reputation. With the advent of social media and ratings websites, any post can take on a life of its own, making its way around the world. In many cases there’s not much a business owner can do to combat negative opinions. However, when the posts are actually false and defamatory there may be recourse.

     In this instance, an unhappy bride and groom went public with their dispute over a $125 fee with their wedding photographer. Instead of sticking to the facts, a jury found they went far beyond that. The jury’s opinion was that many of the statements, including that the photographer stole money and did this to many other customers, were malicious and defamatory. The photographer put on evidence of severe decline in revenue immediately following the statements. The jury compensated her $1,000,000 as a result.

      While the case remains subject to appeal, it gives hope to business owners that enraged customers might think twice before getting carried away with online retribution.  If false and defamatory statements are posted about your business online, you should consult with an attorney that practices online business defamation law to consider your options.