by

English translation: by the Contractor

11:25 Mar 18, 2003
English language (monolingual) [PRO]
Bus/Financial - Law: Contract(s) / agreement
English term or phrase: by
ARTICLE 6 : REMUNERATION

For the work done under this contract, an amount of xxx EUR will be paid. This amount is due by the Contractor upon satisfactory performance of the services and after approval of the work by xxxx.
This includes fees as well as travel costs and daily allowances.



ARTICLE 7 : METHOD OF PAYMENT

xxxx shall remunerate the contractor in respect of her his performance of this contract on receipt of the invoice by bank transfer to
XXXXXXXXXX
Bank: XXXXXXXXX
Swift Code: XXXXXXX
Account No.: XXXXXXX

The money is due in one payment by the Contractor upon satisfactory performance of the services and after approval of the work by xxxxx.

I am in trouble with this word, as the Customer is not sure, what did the other party mean formulating the agreement in such a manneer. I would have no doubt, if the sum was "due to the Contractor". Is it possible, that "due by the Contractor" means the same?
Katarzyna Chmiel
Poland
Local time: 04:51
Selected answer:by the Contractor
Explanation:
I agree that the phrase "by the Contractor" in Articles 6 and 7 appears to be ambiguous when both are read one after the other.

Guessing is never a good idea and based on the informaiton we have here we cannot do more than guess. Perhaps there are several contractors ; perhaps there is a typo in the original.

You need to clarify this point with your client. If no-one can enlighten you, then you have no choice but to translate what is there - ambiguous or not. Cover yourself with a note and/or a letter making specific reference to the difficulty above, making sure that you obtain acknowledgement that your note/letter has been received and noted. I do not see what else can be expected of you!

Nikki Scott-Despaigne

FR>EN Moderator

Selected response from:

Nikki Scott-Despaigne
Local time: 04:51
Grading comment
Thank you all for your assistance. I followed my answerer's advices and everyhing went all right: the customer agreed the terms with the other party. Thank you.
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
5 +2contractor vs. Contractor
Jacek Krankowski (X)
5 +1by the Contractor
Nikki Scott-Despaigne
5 +1by
Update (X)
5due [and payable] by
Marian Greenfield
4payable by
tongue tied
4by
Fuad Yahya
3The contractor is paying
Jeannie Graham


Discussion entries: 1





  

Answers


7 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
by


Explanation:
if the contract is signed between a principal and contractor, it should be "to", but if a contract exists between a Contractor and sub-contractor, it is due...



--------------------------------------------------
Note added at 2003-03-18 11:34:02 (GMT)
--------------------------------------------------

The money is due in one payment by the Contractor upon satisfactory performance of the services and after approval of the work by xxxxx.

This wording sounds a \"subcontract\"

--------------------------------------------------
Note added at 2003-03-18 12:27:50 (GMT)
--------------------------------------------------

Please check the entire agreement. There may be a principal (xxx), the contractor, and a subcontractor (xxxx).

Update (X)

Peer comments on this answer (and responses from the answerer)
agree  Antonio Camangi
20 hrs
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10 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
The contractor is paying


Explanation:
I would understand here that the Contractor is the one paying out the money to either a sub-contractor or freelance worker.

Jeannie Graham
United Kingdom
Local time: 03:51
Native speaker of: Native in EnglishEnglish
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
payable by


Explanation:
The contractor is bound by this contract to pay the agreed monies as soon as the work is completed and accepted as complete by <insert name here>.

It sounds like an agency of some description is contracting a freelance agent to work for a 3rd party client. Once the client confirms to the agency that the freelancer has completed the contracted task adequately, the agency will pay the freelancer.

tongue tied
Local time: 03:51
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2 hrs   confidence: Answerer confidence 5/5
due [and payable] by


Explanation:
And payable is understood here, so it is the contractor that must pay what seems to be a subcontractor providing services.

It is absolutely not due to the Contractor.




    20 years in the business - most of it managing translation service for an investment bank
Marian Greenfield
Local time: 22:51
Native speaker of: Native in EnglishEnglish
PRO pts in category: 12
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2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
by the Contractor


Explanation:
I agree that the phrase "by the Contractor" in Articles 6 and 7 appears to be ambiguous when both are read one after the other.

Guessing is never a good idea and based on the informaiton we have here we cannot do more than guess. Perhaps there are several contractors ; perhaps there is a typo in the original.

You need to clarify this point with your client. If no-one can enlighten you, then you have no choice but to translate what is there - ambiguous or not. Cover yourself with a note and/or a letter making specific reference to the difficulty above, making sure that you obtain acknowledgement that your note/letter has been received and noted. I do not see what else can be expected of you!

Nikki Scott-Despaigne

FR>EN Moderator



Nikki Scott-Despaigne
Local time: 04:51
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Grading comment
Thank you all for your assistance. I followed my answerer's advices and everyhing went all right: the customer agreed the terms with the other party. Thank you.

Peer comments on this answer (and responses from the answerer)
agree  Jacek Krankowski (X): IMHO "money due BY the Contractor" is incorrect English in the first place. Please see my comment below.
1 hr
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
by


Explanation:
The contractor is definitely not paying, but receiving. The text makes that abundantly clear.

In the language used in this contract, the expression "due by the contractor" is equivalent to what normal people would express as "due to the contractor." The reason "due by" is used in this text is that the word "due" is understood to mean "payable upon demand." The full phrase would therefore mean "payable upon demand by the contractor." The contractor is not paying, but demanding. Is this a legitimate use? Who is to say?


Fuad

Fuad Yahya
Works in field
Native speaker of: Native in ArabicArabic, Native in EnglishEnglish
PRO pts in category: 11
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3 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +2
contractor vs. Contractor


Explanation:
In contracts I deal with the above would be two different parties. In fact one is a defined term written in upper case (Contractor, and the money is due FROM him), while the other (Art. 7) is a lower-case "contractor" which should be remunerated, so the money is due TO him. Under no circumstances can the prepositions "from" and "to" be used interchangeably. Yours can as well be an example of poor drafting, as cooroborated by "xxx EUR." In English, it is either "xxx euro(s)" or "EUR xxx."
Also, please note that normally we do not say "money due by a party," but, as I said, FROM a party. So, who drafted that contract???

Jacek Krankowski (X)
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
agree  cmwilliams (X)
3 hrs

agree  theangel
4 hrs
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