Common use of Design Defect or User Abuse Clause in Contracts

Design Defect or User Abuse. If the Contractor believes that a design defect or user abuse has caused the malfunction or defect, he will notify the Design Professional and the Design Professional will issue a formal decision in his capacity as Design Professional and initial interpreter of the conditions of the contract. If the Contractor disagrees with the Design Professional’s response, he shall protest to the Owner in accordance with Section Five Part two. If it is determined the complaint is not the responsibility of the Contractor, the Contractor shall be promptly paid for the cost of the corrective work.

Design Defect or User Abuse. If the Contractor believes that a design defect or user abuse has caused the malfunction or defect, he will notify the Design Professional and the Design Professional will issue a formal decision in his capacity as Design Professional and initial impartial interpreter of the conditions of the contract. If the Contractor disagrees with the Design Professional’s response, he shall protest to the Owner in accordance with Section Five Part two. If it is determined the complaint is not the responsibility of the Contractor, the Contractor shall be promptly paid for the cost of the corrective work.