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Non-disparagement clause - building work

3 replies

howtowriteahaiku · 12/06/2023 17:18

When we went to sign a contract for some building work (with a design and build company), we noticed there was a non disparagement clause. So you can be subject to litigation if you write a bad review. It seems unfair and after a bit of googling, I saw that this isn't even legal in other countries. I've heard of non-disparagement clauses in contracts between employee and employer, but not in this context. Has anyone come across this before? Is this common when it comes to builders?

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pimplesquisher · 12/06/2023 19:27

Not come across it and I wouldn't sign it either. Any firm that needs to have that must be sub par.

BlueMongoose · 12/06/2023 20:37

I'd not employ a comany that had anything like that in its contracts. Anything that's 'wrong' that you might do is covered by other legislation, like libel, slander, malicious communications or privacy law etc.- the only reasons I can think of for that sort of clause, or for the likes of NDAs, are grubby (at best) ones.

howtowriteahaiku · 15/06/2023 16:24

Interesting! Thank you. They're a pretty big and well-established design and build company in London.

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