I hired a company to do a job. This job led to a number of unfortunate interactions with a subcontractor, whose erratic behavior cost me a lot of time and money and even made me fear for my safety. I cancelled the job, and let some of my associates know. A few months later, the company sued me for interference, saying my comments had cost them a contract. In the complaint, they were very specific as to the fact that the subcontractor was a separate legal entity. I ended up settling with them, and this involved a non-disparagement agreement that included a very thorough list of types of affiliates (employees, agents, representatives, etc) that I could not disparage, lest I disparage the good name of the company. The subcontractor was not a plaintiff in the lawsuit. Meanwhile, while I was still negotiating, the subcontractor was harassing me with strange phone calls and disparaging me to people in my industry.

I did some research later and discovered that the subcontractor wasn't (never has been) even licensed in my state to do the job he was supposed to be doing. I would like (at the minimum) to complain about him to the appropriate authorities, but this guy lists on his website that he works for the company that I have entered a non-disparagement agreement with.

The terms of the contract would seem to say that I can't disparage him. However, my little understanding of contract law tells me that because I got absolutely zero considerations from him in the settlement agreement, he shouldn't get anything from me. Is this the case?

  • 1
    I am not a lawyer and what follows may be incorrect. Reporting someone who is working without proper licenses, insurance or bonding is not disparagement. You can probably even report it anonymously if you're worried. – Patrick87 Oct 30 '15 at 20:48

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