Glossary entry (derived from question below)
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...
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...
Proposed translations
(English)
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"
"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 :-)
|
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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.
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agree |
AllegroTrans
1 day 9 mins
|
Thanks, Chris.
|
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....
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.
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agree |
Noni Gilbert Riley
: In the absence of, yes.
1 hr
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Thank you, Noni.
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agree |
jude dabo
: Very Good!
3 hrs
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Thank you, Jude.
|
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,..'
+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.
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.
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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
|
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.
Discussion