Glossary entry

Spanish term or phrase:

desaparecidas las causas o motivos...

English translation:

When the reasons or grounds... no longer exist

Added to glossary by Lydianette Soza
Feb 2, 2018 17:12
6 yrs ago
4 viewers *
Spanish term

desaparecidas las causas o motivos...

Spanish to English Law/Patents Law: Contract(s) Contract
Source text:

Retenciones de pago por el contratante y el contratista

EL CONTRATANTE en base a recomendaciones de El Supervisor, podrá retener de cada pago una suma equivalente a:

a) El monto de los daños por trabajos defectuosos no corregidos debidamente a su tiempo.
b) El monto de reclamos pendientes por incumplimiento de compromisos contractuales.
c) El monto que por utilización de materiales existentes en la obra sean incorporados por El Contratista contando con la debida autorización de EL CONTRATANTE

Desaparecidas las causas o motivos que hubiesen dado lugar a cualquier retención, ésta será pagada debidamente. Los trabajos defectuosos serán corregidos por cuenta de El Contratista, cuando los mismos sean producto de su negligencia o contumacia.

My try:
Extinguished the grounds that led to any [payment] retention, then the [owed] money will be paid...

Discussion

Lydianette Soza (asker) Feb 4, 2018:
Thank you for all your answers, but this time I am selecting Robert's answer; however most them fit the context.
Lydianette Soza (asker) Feb 2, 2018:
... money will be paid in proper form.

Proposed translations

+3
1 hr
Selected

When the reasons or grounds... no longer exist

I don't think we can say that the reasons or grounds "cease", but rather that they "cease to exist".

"When any reasons or grounds that may have led to the withholding of any amount no longer exist..."

I think you could also word it as:

"When there are no longer any reasons or grounds for withholding, payment must be duly made"
Peer comment(s):

agree patinba : Three cheers for some plain English.
1 hr
Thanks, Pat :-)
agree MollyRose : Just so you know :) I agree with this wording, too. "When there are no longer any reasons or grounds..."
8 hrs
Thanks, Molly.
agree AllegroTrans
1 day 9 mins
Thanks, Chris.
Something went wrong...
4 KudoZ points awarded for this answer.
+3
14 mins

in the absence of any cause or motive

Desaparecidas las causas o motivos que hubiesen dado lugar a cualquier retención,

Having no further cause or motive that may have given raise to any....
With the absence of any cause or motive that may have given raise to any....
Peer comment(s):

agree MollyRose : that may have given RISE to ... Also, "may have given rise..." implies that whatever causes existed before don't now.
1 hr
Yes, RISE, of course. Thank you, MollyRose.
agree Noni Gilbert Riley : In the absence of, yes.
1 hr
Thank you, Noni.
agree jude dabo : Very Good!
3 hrs
Thank you, Jude.
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32 mins

with any possible grounds or reasons for...... having subsided

'...with any possible grounds or reasons which may have given rise to the withholding any amount having subsided,..'
Something went wrong...
+2
25 mins

upon cessation of the grounds or reasons

Hello again, Lydianette,

Here's is my suggestion, and I'll once again guide you through my thought process:

"desaparecidas" means that there were reasons for withholding payment from the Contractor but those reasons now cease to exist. Therefore I'd simply use "cessation." The provision states that payment must be made immediately following such cessation, so I would use --> "Upon cessation"

"Causas" and "motivos" are commonly translated as grounds or reasons. They form the basis for the withholding of payment.

My full translation would be:

"Upon cessation of the grounds or reasons forming the basis for the withholding of any amount, the amount shall be duly paid."

Alternatively, a less literal version:
"Any amount withheld on the basis of grounds or reasons that cease to exist shall be duly paid upon the cessation thereof."

--------------------------------------------------
Note added at 1 hr (2018-02-02 19:03:42 GMT)
--------------------------------------------------

In response to Robert Carter's (understandable) concern with the use of "cessation:" it's true that we commonly see the term used in conjunction with "to exist" as in e.g., a company that "ceases to exist." But the plain meaning of "cessation" is "ending/being brought to an end." In this case, we're dealing with specific circumstances (e.g. defective works not timely remedied, status of default on contractual payments) that must be brought to an end (i.e. that must cease) in order for the payment to be returned. So what ceases are the circumstances. Now, if we were referring to the cessation of a company, a body, or let's say documents that were destroyed in a fire, we'd use "cease to exist." Hope this clears it up, Robert and anybody else interested.

Peer comment(s):

agree Robert Forstag : As you point out, the original clearly implies that such grounds did exist in the past, but that they no longer exist.
23 mins
That's exactly right, Robert. "Cualquier" here was in reference to withholdings, not grounds.
agree MollyRose : I agree with this one, too.
1 hr
I appreciate it Molly, but if you look closely there's a subtle distinction: grounds that did in fact exist VS. grounds that may come to exist
Something went wrong...
3 hrs

Once the grounds or reasons have been remedied

From the context, it appears that the reasons for withholding payment may be temporary and once action is taken to remedy the defects, contractor will receive payment withheld in full.

Something went wrong...
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