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 CM/GC 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 impartial interpreter of the conditions of the contract. If it is determined the complaint is not the responsibility of the CM/GC, the CM/GC shall be promptly paid for the cost of the corrective work.
Design Defect or User Abuse. If CM/GC believes that a design defect or user abuse has caused the Warranty Complaint, it shall notify Design Professional and Owner within seven (7) days after receipt of the Warranty Complaint. A Design Professional’s Decision will be issued as to whether the Warranty Complaint is a result of a design defect or user abuse.
