Q. I hired a contractor to build my house and two years later parted on unfriendly terms, with my house unfinished. I had it finished by someone else. However, I discovered this contractor was giving his potential customers my address and suggesting they view my house as an example of his work. In the last year I have had more than 50 people turning around in my driveway and taking pictures. How can I get him to stop sending people? This is an invasion of my privacy, and I would never recommend this contractor.
A. Ask a Lawyer put this question to a number of member attorneys, and the replies received were variations on several themes. Since no single attorney offered all ideas, we have summarized them. First, almost unanimously, the answers suggest you have an attorney send the contractor a letter that says if he doesn’t stop sending people, you will go to court for either (and here they differ somewhat) an injunction or a protection from harassment order. Harassment includes three or more acts that are made with the intent to deter the free exercise or enjoyment of any rights or privileges secured by the Maine and U.S. Constitutions.
Several attorneys suggest you also can send complaints to the Better Business Bureau, the association of builders and contractors, and the Maine Attorney General’s Consumer Division.
One attorney notes that, assuming your written contract specified completing the work, and did not specify using the house as advertising, you might be able to sue the contractor under the Maine Unfair Trade Practices Act. Under this act, contractors must either complete the job or do a respectable job in order to benefit from the free advertising. According to this attorney, you are unlikely to be awarded any damages except for your attorney’s fees.
Finally, about half the answers say that under your right to free speech, you may post a sign on your yard. What they recommend the sign should say varies from “No Trespassing” and “I do not recommend this contractor,” to a lengthier description of your opinion of the work, and statement of actions you may have taken, such as reporting to the Better Business Bureau. All attorneys emphasize that you must state only your opinion about the work on your home. If you get carried away with generalizations or personal attacks, you could get into legal trouble yourself.
There is, however, disagreement about whether or not to actually name the contractor on the sign — and probably it isn’t necessary to take such a legal risk. Even without a name, they agree, sending the contractor a photograph of your house posted with a clearly visible sign such as described above would probably stop the drive-bys immediately.
For a safe and specific answer to your situation, however, it is always a good idea to consult an attorney before taking action.
This column is a service of the Lawyer Referral and Information Service of the Maine State Bar Association. Its contents are a general response to the question and do not constitute legal advice.
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