Terms and Conditions Last Updated: December 8, 2016
The Good Contractors List, Inc. (TGCL) helps homeowners find trustworthy home service contractors. While we research each contractor before we add them to our list, we cannot ensure that every consumer relationship and every project will be handled correctly. That is why TGCL offers a guarantee that, if your project is not performed properly, TGCL will repair or replace the work up to $10,000.00. We do not try to make it difficult or drag it out, but we have to follow certain protocols to be fair and offer the highest protection for the homeowner and the contractor. We act as the “voice of truth” in disputes and insure that everyone stays honest. The following Terms of Guarantee outline when our guarantee applies.
1. Acceptance of Terms
Any dispute or claim relating in any way to your use of any TGCL Services or services provided by a TGCL contractor will be resolved first through TGCL mediation services. If homeowner does not agree with TGCL final decision, then further resolution will be by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
4. Terms and Conditions
If you are not satisfied with the work performed by your contractor, TGCL will attempt to make it right by bringing in the same or another contractor to repair or replace the problem. We will expend up to $10,000 in order to fix the problem. You will be responsible for any charges in excess of $10,000 billed by the contractor to fix the problem. Before our obligation to fix the problem begins, all of the following conditions must be met.
- This guarantee only applies to contractors who are members of TGCL. We only guarantee the work performed by our contractors, not the product installed. If there is a defect with any product installed (pipes, sinks, ext.) that is not related to the method of its installation you should work with the contractor to contact the manufacturer to make a claim.
- TGCL will get involved in any dispute between a homeowner and an active contractor member if the work was done when the contractor was an active member of TGCL . However, we will not get involved if the work was done prior to the contractor being a member of our organization.
- The project must be a residential contract directly entered into with the homeowner. TGCL does not guarantee commercial or industrial projects or guarantee any projects managed by someone who is not the owner of the home.
- All claims against a contractor must be based on the written contract between the homeowner and contractor. We will not guarantee the terms of an oral contract or oral change orders.
- The guarantee is only applied toward a TGCL contractor and does not cover any contractor not directly found through the TGCL website. This includes other contractors or sub-contractors referred to the homeowner by a TGCL contractor. Sub-contractors working directly for a TGCL contractor is covered by the guarantee. However, if you hire the sub-contractor separately from the TGCL contractor, their work is not covered by the guarantee.
- You, the homeowner, must provide TGCL with all documentation related to the agreement with the contractor, including but not limited to the contract, any written guarantees, bids, work orders, canceled checks, money orders, scope of work, and any other relevant documentation. You must also allow TGCL, our agents, and any contractors employed by TGCL access to your property to inspect the work and perform repairs.
- Before attempting to collect on this guarantee, the homeowner must exhaust every reasonable effort to resolve the dispute with the contractor who started the work. This guarantee comes into effect only if the dispute cannot be resolved directly with the contractor and the contractor was given the opportunity to fix the issue and refused. You must keep all emails, letters, text, and other communications evidencing your attempts to resolve this dispute.
- The homeowner must fill out our complaint form within 60 days of the completion of work. If, at the sixty day mark, the homeowner is still working with the original contractor on repairs found after completion, the homeowner should fill out a complaint form to maintain its rights under this guarantee. The complaint form is available through our website. Fill out the Contractor Rating Form located on the contractor’s individual page on TGCL website.
- This guarantee only extends to the labor and non-defective parts installed in association with work performed by the contractor. Again, parts that are found defective should be handled through the contractor and manufacturer. It does not cover acts of God, accidents, or any work that has been tampered with. We do not cover normal wear and tear or damage caused by misuse of the installed items.
- This guarantee is only for work outlined in the original contract. If, after the work is performed, it turns out that the underlying cause of the problem was greater than initially contracted, TGCL does not warrant the fixing of the larger problem. By way of example, if you hire a TGCL contractor to rewire a power outlet and it is later determined that the cause of the problems with the outlet is a bad wiring system in the house, we only guarantee the initial contract for the outlet, not the larger issue determined at a later date. If you wish for this warranty to apply to the larger problem, you must enter into a new contract for the larger project.
- WE WILL NOT WRITE YOU A CHECK OR GIVE YOU ANY OTHER FORM OF PAYMENT. We guarantee that, if the work is not done properly in accordance with the written agreement, after all efforts to have the original contractor complete the work, we will hire a contractor within our network and spend up to $10,000 to fix the problem. We have access to a large pool of experienced contractors and the ability to get the job done at a fair price. WE WILL NOT REIMBURSE THE HOMEOWNER ANY MONEY THEY SPEND ON A THIRD PARTY CONTRACTOR. If you have a legitimate complaint about our choice of contractor, we will make every effort to find another, mutually agreeable contractor. However, if you hire another contractor without our express permission we will pay nothing.
- If you refuse to allow us to use our own contractors, then TGCL will no longer be responsible for repairing the issue. For the sake of the homeowner and ensuring the best results possible, we will not use a contractor we don’t guarantee. WE WILL NOT PAY FOR A THIRD PARTY CONTRACTOR TO DO THE WORK.
4. Procedures for filing a complaint:
- A complaint must be filed with TGCL within 60 days of the completion of work. If a complaint is not received within 60 days of the completion of work, this guarantee will not apply and you are not entitled to any assistance, payments, or corrective actions by TGCL. If the work has been completed and you are still working with the contractor to resolve the dispute, you must still file a complaint within 60 days of the completion of work. The complaint must be filed using our online contact form available on our website
- You must provide us with a copy of all contracts, terms and conditions, and all communications evidencing the work performed and your efforts to resolve this dispute.
- After the complaint is received, we will notify you the following business day that your claim has been received. If you have not received a call from a representative of TGCL by the end of the next business day, please call the office at 972-567-5919 or resubmit, referencing your initial complaint date, to insure that your complaint has been received and is being processed. We will make every attempt to call you back immediately to begin complaint resolution.
- Once your complaint has been received, we will request any additional documentation or information we may need. You must provide any requested documentation within five business days of the receipt of a request for it. Failure to provide the requested documentation within five business days is grounds for denial of a request for service under this guarantee. If you are unable to provide the requested documentation within five business days, let us know immediately and explain why it cannot be provided.
- If your complaint is not about the work performed but is about the actions or attitude of the contractor, we will contact the contractor to inform them of the complaint and the complaint will be placed in our file, possibly leading to the contractor’s removal from TGCL. However, conflicting personalities or negative feelings toward the contractor is not grounds for dismissing the opportunity for the contractor to complete the work under their contracted responsibilities or under this guarantee. WE WILL NOT PAY TO HAVE ANOTHER CONTRACTOR COME IN BEFORE FIRST DETERMINING THAT THE ORIGINAL CONTRACTOR REFUSES TO FIX THE ISSUE OR COMPLETE WORK. We will do our best to be involved in the continuance of the project if there are personal conflicts with the contractor. We have a very high success rate in resolving these types of conflicts and getting the job done right.
- You agree to allow us, our agents, and any contractor hired by TGCL reasonable access to your property to inspect the alleged defects in workmanship as per the terms and conditions.
- If, after our investigation, we determine that the complaint is valid, we will notify the original contractor of the defect and give them 21 days to resolve the issue. If the contractor is not given access to the property to make the repairs, then the contractor and TGCL will no longer be liable for the repair. If the repair work is underway with the original contractor but will take more than 21 days to complete, you agree to allow the original contractor to continue until either the work is complete, or it is evident that the original contractor cannot or will not complete the work. TGCL will determine if another contractor is required and the original contractor needs to be removed from the organization.
- TGCL will bring in another contractor to determine the cost of repair and will pay up to $10,000 of the cost to repair the defective work. In the event the cost of the work exceeds $10,000, TGCL will provide a written estimate to the homeowner and an agreement must be reached before work is performed. The homeowner must agree to pay any amounts in excess of $10,000.
- If, after our investigation, we determine that the complaint is invalid we will notify you in writing of our determination and the reason for it within five business days of our determination. If you disagree with our determination you must notify us in writing within five business days of your disagreement and the reasons for it. TGCL may or may not, at its discretion, act on your notification of disagreement.
- If, after our investigation, it is found that the claim by homeowner was fabricated, frivolous, or that the homeowner has tampered with the project, then the homeowner will be held responsible for any cost incurred by TGCL, including but not limited to the cost of any inspection or work performed.
- If the work performed by our contractor is altered or a repair attempt was made on the part of the homeowner or any other person not associated with our contractor or TGCL, then our contractor and TGCL will be released of any further responsibility and it will be determined at that time how much the homeowner owes the contractor for work completed. If a refund to the homeowner is determined, TGCL will mediate between the homeowner and contractor to reach an agreement.
5. Additional Terms and Conditions.
- These terms constitute the entire agreement between you and TGCL. It supersedes any prior or contemporaneous negations, discussions, or agreements, whether written or oral, between you and TGCL regarding the subject matter contained in these terms. You represent and warrant that any agreements entered into with third parties, including TGCL contractors, do not interfere with your obligations under these Terms of Guarantee.
- With the exception of the guarantee above described, NEITHER TGCL NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OF THESE SERVICES OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITE AND SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGES OR INJURY RESULTING FROM INADVERTANT OMISSION OF INFORMATION FROM TGCL. WE ARE NOT LIABLE FOR CRIMINAL OR NEGLIGENT ACTIONS OR OMISSIONS BY A THIRD PARTY, INCLUDING CONTRACTORS LISTED ON TGCL.
- ANY WARRANTEES BEYOND THE GUARANTEE ABOVE DESCRIBED ARE EXPRESSLY DISCLAIMED. IF A COURT DETERMINES THAT ANY WARRANTY OR DAMAGES CANNOT BE DISCLAIMED OR LIMITED, THEN TGCL’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
- Governing Law. These terms and conditions of guarantee and the relationship between you and TGCL will be governed by the laws of the State of Texas and any lawsuit regarding these terms, the guarantee, or the relationship between TGCL and you must be filed in the State of Texas, County of Tarrant. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Tarrant County, Texas and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court. You agree that any claim or cause of action arising out of or relating to these terms, this guarantee, or the relationship between TGCL and you will be brought within one (1) year after such claim, cause, or action was established. If the time exceeds one year, the claim will be considered closed and no further action can be taken.
- Parties to this contract agree that any and all disputes, claims, or controversies arising out of or relating to this agreement shall be submitted to mediation. If the matter is not resolved in mediation, then it shall be submitted to final binding arbitration. The arbitrator will be chosen by TGCL at its sole discretion.
- Each of the parties hereto irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or relating to this agreement or the transactions contemplated hereby.
- You irrevocably waive any right to participate as a member of a class in any class action matter brought against TGCL.
- The Terms and Conditions of the Guarantee and the Procedures for Filing a Complaint shall be considered conditions precedent for filing any mediation, arbitration, or legal action arising out of or relating to this agreement or the transactions contemplated hereby.
- If any provision of this agreement is found to be invalid, the remaining provisions will continue to be effective.