by
English translation: by the Contractor
| 11:25 Mar 18, 2003 |
| English language (monolingual) [PRO] Bus/Financial - Law: Contract(s) / agreement | |||||||
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|  Selected response from: Nikki Scott-Despaigne Local time: 03:19 | ||||||
Grading comment
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| SUMMARY OF ALL EXPLANATIONS PROVIDED | ||||
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| 5 +2 | contractor vs. Contractor |
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| 5 +1 | by |
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| 5 +1 | by the Contractor |
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| 5 | due [and payable] by |
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| 4 | payable by |
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| 4 | by |
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| 3 | The contractor is paying |
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| Discussion entries: 1 | |
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Answers
7 mins confidence: 
peer agreement (net): +1
peer agreement (net): +1by 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). |
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10 mins confidence: 
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. |
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1 hr confidence:
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. |
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2 hrs confidence:
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 |
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2 hrs confidence: peer agreement (net): +1
peer agreement (net): +1by 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 |
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Grading comment
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3 hrs confidence:
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 |
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3 hrs confidence: peer agreement (net): +2
peer agreement (net): +2contractor 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??? |
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