Online reviews have become one of the most influential forces on consumer decision making. For builders, they can make or break a year of work. What is emerging across the industry, however, is a concerning misuse of review platforms by a small group of homeowners. According to construction lawyer Damon Laffin from Odyssey Legal, some owners are now using Google and Facebook reviews as a pressure tactic long before a genuine dispute exists.

Speaking on The Good Builder podcast this week, Laffin said he has seen a notable rise in this behaviour.

“It seems to be more common in the last six months,” he said. “I am hearing builders say if they do not agree to something, the owner is threatening to leave a bad review and that obviously hurts business.”

One recent case handled by Odyssey Legal shows how a routine defect enquiry can rapidly transform into a reputational attack that can damage a builder’s business and escalate into both civil and criminal processes.

A Routine Defect Allegation That Escalated Quickly

The dispute began with an allegation of defective waterproofing. The builder responded in the proper way by offering to inspect the work and rectify any defect found.

“Our client said can I investigate it, can I see what is going on, and if it is defective I will fix it,” Laffin explained.

Instead of allowing access, the homeowner refused entry and removed the builder and his site employee from the property. The employee later told the builder he would not return due to ongoing verbal abuse on site.

Documentation became crucial from this point. The builder issued the required notice to remedy breach and requested access to inspect or repair the issue. The owner refused. The owner then claimed they had lost confidence in the builder’s ability to perform the work, even though this was the first dispute raised.

This refusal allowed the builder to lawfully terminate the contract.

But it was only the beginning.

How Online Posts Became a Weapon

Shortly after termination, the homeowner published a series of posts across multiple large Facebook community groups. According to Laffin, the posts allegedly included altered or staged images.

“What was put up was actually misleading,” he said. “They ended up ripping the waterproofing down to make it look a lot worse than it actually was, and it was posted into community boards with hundreds of thousands of members.”

At this point, the builder was facing widespread public accusations while being prevented from returning to the property to investigate.

Odyssey Legal issued a formal concerns notice under the Defamation Act. This required the homeowner to remove the posts, issue an apology, and formally undertake to stop publishing further allegations.

The owner agreed and signed the undertaking.

But the matter did not end.

When Online Abuse Becomes Criminal Conduct

Months later, the same homeowner reappeared online and published new comments on the builder’s business page. These comments were no longer related to the building work. They contained personal attacks and highly abusive language.

Laffin described the tone of the posts.

“It was stuff like you deserve to, I hope your business goes down the drain, you are scum. It was just vulgar and unnecessary.”

The repeated nature of the behaviour meant police became involved. They advised the builder that the conduct met the threshold for a criminal offence known as using a carriage service to menace or harass. This offence can be charged when abusive conduct is persistent and causes serious emotional or reputational harm.

“The police said it had been consistent over the whole year,” Laffin said. “They believed there was enough evidence for a criminal charge.”

The Importance of Consistent Documentation

One of the strongest lessons from this case is the value of documentation. Laffin noted that photographs and written records are often the difference between a quick resolution and a lengthy dispute.

“I advised a builder the other day to take daily photos and have a weekly supervisor sign off,” he said. “Those steps save you in the long run, especially when owners later claim the work was defective or that it was not supervised properly.”

This is especially relevant when disputes are referred to the Queensland Building and Construction Commission or when owners upload misleading material online.

Builders who maintain daily site photos, variation approvals, written instructions and a clear communication trail are far better placed to challenge false claims and defend themselves.

When a Review Becomes Defamation

A negative review that reflects a genuine experience is not unlawful. However, a review that is false, misleading or damaging to reputation may be defamatory if it meets certain criteria.

A review is likely defamatory if it is:

• based on false or incomplete information

• published to others

• capable of causing reputational harm

• not a genuine expression of opinion based on true facts

Posting altered photos, accusing a builder of unsafe or illegal conduct without evidence, or calling them scammers or criminals can all fall within the definition of defamation. Repeated abusive posts can also fall within criminal harassment laws.

A Practical Response Plan for Builders

If a builder receives a threatening or defamatory review, Laffin recommends the following steps.

Take screenshots immediately

Record the content, the time, the platform, and any comments.

Avoid responding emotionally

A heated response can undermine your legal position and escalate the dispute.

Request removal first

A polite written request is often enough to resolve misunderstandings.

Seek legal advice if behaviour continues

A concerns notice is a formal and efficient step.

Consider police involvement for serious or repeated abuse

Persistent harassment can breach criminal laws.

Strengthen internal systems for future protection

Daily photos, weekly site notes, variation approvals, and documented communication create a strong defence.

A Growing Issue for the Industry

Laffin said he sees more clients reporting that homeowners use the threat of a bad review as leverage.

“To be honest, it is close to extortion,” he said. “It is requiring something from someone under the threat of a detrimental consequence.”

The industry is now grappling with the impact of online platforms that allow claims to spread long before facts or context are known.

For builders, the essential message is clear. Reputation is valuable, and there are both civil and criminal pathways available to protect it when it is unfairly attacked.

Talk to Odyssey Legal

Builders who want clarity on their rights under the Act or who need guidance can contact Odyssey Legal directly. Early advice prevents disputes from becoming costly problems and ensures the builder remains protected.

Visit Odyssey Legal: https://www.odysseylegal.com.au/

Author: TGB Editorial