Common use of Design Defect or User Abuse Clause in Contracts

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.