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When Does Bad-Mouthing the Competition Become Defamation?

By Bruce Jervis

 

Disparaging the competition is a time-honored tradition in our system of free enterprise. Everyone has an opinion and many are eager to share, particularly when it is seen to provide a competitive advantage. But a recent case from the Virginia Supreme Court illustrated the difference between an expression of opinion and a defamatory misstatement of fact.

 

A contractor allegedly told a public project owner, to paraphrase, “My competitor told me he is going to screw your agency with an unfounded change order demand.” When sued by the competitor for defamation, the contractor said the alleged statement was a constitutionally protected expression of opinion.

 

The Virginia high court disagreed. It is one thing to say, “I consider my competitor’s business practices unethical.” It is very different to say, “My competitor has admitted to me engaging in unethical business practices.” The former is a protected expression of opinion. The latter, if proved untrue, is actionable defamation.

 

The lesson here is that if one is going to bad-mouth the competition, keep it general and make it clear it is your opinion. Any allegation of a specific act of dishonesty or impropriety must be backed up by hard evidence. What do you think?

 

COMMENTS

There is nothing to be gained by bad-mouthing competitors. Nobody wins Hatfield/McCoy type distractions and they cheapen the clients image of us all. Glass houses and black kettles come to mind. Does Pepsi claim that Coke rots your teeth?
Posted by: Mike Knight - Friday, March 29, 2013 10:41 AM


So true, and it's become even more frequent of late that clients are asking questions about contractors and other architects that have the essence of gossip. Even if I know of what they ask, and especially if it is true, I still stay 500 ft. back from it. I would rather have everyone know that what happens in Vegas stays in Vegas with me, than to be a part of some tid bit of info, gossip or fact, that would deny another a chance to prove themselves either worthy or not. Everyone deserves at least that much.
Posted by: Gene - Friday, March 29, 2013 11:06 AM


It is much better to speak in general terms, and encourage the client to research the competition (and yourself), providing references. We don't want to lower ourselves to the standard of politics!
Posted by: Michael - Friday, March 29, 2013 11:18 AM


Focus on the strengths that set you apart from your competition in lieu of verbally undermining them. Remember - the client may very well be interviewing you by your very response!! You win nothing by bad-mouthing a competitor who already has the project!
Posted by: Jason D. Reece - Friday, March 29, 2013 11:21 AM


This is what a city inspector did to us the other day. The inspector goes around town bad mouthing other plumbing companys and gets the customer to go with a well known affiliate of his. We contacted the main street chief inspector and as far as we know the requ
Posted by: Joe Corcoran - Friday, March 29, 2013 11:24 AM


Do unto others what you want others do to you. Keep high standard of professionalism.
Posted by: ari - Friday, March 29, 2013 11:53 AM


Very True. In my opinion, the time and energy spent in manufacturing derogatory allegations against the competitor should rather be spent on innovative strategies to give you the commpetitive edge. I believe that if a company resorts to defermation of the competition under any circumstance, it shows to some extent that they have run out of ideas and are in a desperate situation.
Posted by: Ted - Friday, March 29, 2013 1:31 PM


So, referring to the substandard contractor as a 'Jack Leg' isn't cool? No fair...no fun! ;)
Posted by: Jason - Friday, March 29, 2013 9:40 PM


Best practices: keep yourself above the fray...it is impossible to have too much integrity...or to be too honorable!

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{Very nice|Excellent|Pleasant|Great} colors & theme.

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{Thanks|Many thanks|Thank you|Cheers|Appreciate it|Kudos}!|

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{forward|send} {this article|this information|this post} to him.

{Pretty sure|Fairly certain} {he will|he'll|he's going to} {have a good|have a very good|have a

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Keep on posting!|

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{Any kind of|Any} help would be {really|greatly} appreciated!|

{Hello|Hi|Hello there|Hi there|Howdy|Good day}! I could have sworn I've {been to|visited}

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{I just|I simply|I merely} wanted to {give you a|provide you with a} quick heads

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{A person|Someone|Somebody} {necessarily|essentially} {lend a hand|help|assist} to make {seriously|critically|significantly|severely} {articles|posts} {I would|I

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{I will|I'll} {appreciate|be grateful} {if you|should you|when you|in the event you|in case you|for

those who|if you happen to} {continue|proceed} this {in future}.

{A lot of|Lots of|Many|Numerous} {other folks|folks|other people|people} {will be|shall be|might be|will probably

be|can be|will likely be} benefited {from your|out of your} writing.

Cheers!|

{I am|I'm} curious to find out what blog {system|platform} {you have been|you happen to be|you are|you're} {working with|utilizing|using}?

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Do you have any {solutions|suggestions|recommendations}?|

{I am|I'm} {extremely|really} impressed with your writing skills {and also|as well as} with the layout on your {blog|weblog}.

Is this a paid theme or did you {customize|modify} it yourself?

{Either way|Anyway} keep up the {nice|excellent} quality writing,

{it's|it is} rare to see a {nice|great} blog like this one {these days|nowadays|today}.|

{I am|I'm} {extremely|really} {inspired|impressed} {with your|together with your|along

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{Is this|Is that this} a paid {subject|topic|subject matter|theme} or did

you {customize|modify} it {yourself|your self}? {Either way|Anyway}

{stay|keep} up the {nice|excellent} {quality|high quality} writing, {it's|it is} {rare|uncommon} {to peer|to see|to look} a {nice|great}

{blog|weblog} like this one {these days|nowadays|today}..|

{Hi|Hello}, Neat post. {There is|There's} {a problem|an issue} {with your|together with your|along with your}

{site|web site|website} in {internet|web} explorer, {may|might|could|would} {check|test}

this? IE {still|nonetheless} is the {marketplace|market} {leader|chief} and {a large|a

good|a big|a huge} {part of|section of|component to|portion of|component

of|element of} {other folks|folks|other people|people} will {leave out|omit|miss|pass over} your {great|wonderful|fantastic|magnificent|excellent} writing {due to|because

of} this problem.|

{I'm|I am} not sure where {you are|you're} getting your {info|information},

but {good|great} topic. I needs to spend some time learning

{more|much more} or understanding more. Thanks for {great|wonderful|fantastic|magnificent|excellent} {information|info} I was looking for this {information|info} for my mission.|

{Hi|Hello}, i think that i saw you visited my {blog|weblog|website|web site|site} {so|thus} i came to _return the favor_.{I am|I'm} {trying to|attempting to} find things to {improve|enhance} my {website|site|web site}!I suppose its ok to use {some of|a few

of} your ideas!!\
Posted by: Wekey - Saturday, April 05, 2014 3:41 PM