Is a non-disparage clause common? The roofing contractor I thought I was going with has one in their contract. I feel like it makes it impossible to find honest reviews of the contractor, as anyone who has had a bad experience is being prevented legally from telling anyone. So, if the contractor does bad work, messes up big or just takes my money and runs I can get sued for telling ANYONE. Does this seem like good business?
I don’t know of any reputable companies around me that include this in their standard terms. However, I know several of my peers that use them when settling with an unhappy customer. I am no lawyer but I don’t believe they’re legally enforceable in most cases when included in the contractors blanket terms.
Simple. Don’t use them. I wouldn’t.
As a point of reference for anyone in this or any similar situation non-disparagement clauses have been deemed illegal by law and it is being enforced by the FTC. The particular act that governs this is the Consumer Review Fairness Act which made this practice illegal.