Glossary entry

French term or phrase:

mise en regie aux torts

English translation:

for breach of contract, the client can hire another contractor at the defaulting contractor's expense

Added to glossary by MatthewLaSon
Dec 27, 2007 16:14
16 yrs ago
20 viewers *
French term

mise en regie aux torts

French to English Bus/Financial Law: Contract(s)
contract language: "J'affirme sous peine de resiliation de plein droit du marche ou de la mise en regie aux torts de la societe, que ladite societe..."
Change log

Jan 5, 2008 07:09: MatthewLaSon Created KOG entry

Jan 5, 2008 07:13: MatthewLaSon changed "Edited KOG entry" from "<a href="/profile/35643">MatthewLaSon's</a> old entry - "mise en regie aux torts"" to ""client's hiring of another contractor at the defaulting contractor's expense for contract breach""

Discussion

Adrian MM. (X) Jan 5, 2008:
Would the asker of the question now care to choose a or the right answer? There are, potentially for us, disastrous implications in professional negligence and, for trans. clients, contract damages of claiming the process is one of 'rightful cancellation'
MatthewLaSon Jan 5, 2008:
Yes, B D Finch, I am wrong and humbly admit. I really misread the sentence. lol. I will post a new answer and gloss it. I am glad that this was brought to my attention. When I posted, I was seeing it as "résiliation de la mise en régie."
Adrian MM. (X) Jan 4, 2008:
B.D. Finch - you can still add your answer as a sep- entry post-grading as later searchers can take a look at ALL the answers and make up their own minds e.g. whether in fact the contract has been cancelled or TAKEN OVER.
B D Finch Jan 4, 2008:
I know this is closed, but the selected answer is just soooo wrong! Bourth hit the nail on the head but didn't provide a translation. I suggest that it should be: "(the works ) being carried out in default at the company's cost".
AllegroTrans Dec 27, 2007:
Does Algeria place such onerous conditions on foreign suppliers?
AllegroTrans Dec 27, 2007:
mmm......this still seems to be saying that if the certification is false, the company will be placed under State control (maybe of Algeria??)
Eric Bye (asker) Dec 27, 2007:
mise en regie aux torts This is a contract to provide chemical products (rust inhibitors and biocides) to a petroleum company in Algeria. A statement is being certified that the company is not bankrupt, is not currently the object of price-fixing litigation, and so forth - that the bidding company is solvent and above-board.
I understand the concept of placing under state control, but this seems implausible in the present instance, since it is assumed that many of the bidding companies are overseas (in Europe)... Thanks!
AllegroTrans Dec 27, 2007:
mettre en régie is to place under State control, which sounds extremely harsh! Can you provide some context - what is being certified here, and what kind of a contract is this?

Proposed translations

-1
6 hrs
Selected

rightfully cancel the cost-plus contract due to a defaulting contracting firm

Hello,

You have a "fixed-cost contract (projet forfait) and a "cost-plus contract" (projet régie)

The links below will explain everything really well. It's not that difficult. BTW, this has nothing to do with being "state-controlled."

Bourth is on the right track, but you need a translation. So, I will provide you with one.

de plein droit = rightfully
résilier = to cancel
la mise en régie = following a cost-plus contract
aux torts de = for reason of a defaulting firm (here, "contracting firm")

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Note added at 6 hrs (2007-12-27 23:10:51 GMT)
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aux torts de = for reason of failing to meet obligations

la mise en régie = paying on a cost-plus basis/ the cost-plus contract/agreement (either one could be said as they both clearly imply the other)

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Note added at 8 hrs (2007-12-28 01:03:48 GMT)
--------------------------------------------------

typo:

la mise en régie = cost-plus basis/ the cost-plus contract/agreement (either one could be said as either one clearly implies the other)

It's "resilier" , not "résilier".
Peer comment(s):

neutral AllegroTrans : definitely right tracks, but it needs to be trimmed!
1 hr
Thanks! But, what needs to be trimmed? If I trim anything, then it wouldn't be right. lol. Well, I suppose I could trim "contracting firm", à la limite.
disagree Bourth (X) : Fraid not! It's not the cost-plus contract that will be cancelled, and you make it sound as if it is the client talking, not the contractor.
4 days
Boy, you scared me, Bourth (Fraid not, ...lol)!On a more serious note. Yes, I was wrong. It means that what is not done or unfinished by the current contractor will be completed by another one, but at the defaulting contractor's expense.
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4 KudoZ points awarded for this answer. Comment: "Thanks for the help!"
34 mins

put under state control at the expense

ot the company

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Note added at 35 mins (2007-12-27 16:50:15 GMT)
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OF the company
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8 hrs

to enter into a cost-plus contract at the expense of the company

isn't it more about entering into a new contract and recovering the extra cost from the defaulter than about cancelling ? (you don't need to cancel the old contract because the defaulter is in breach of it under the terms of the solemn declaration)
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1 day 8 hrs

(US) contract re-allocation as force account work charged to

Because this question has been asked before doesn't mean all or any of the answers are right and usable for the US - nor that anyone has considered re-allocation or re-award of an existing contract, nor contract 'repudiation' by the original contractor's course of conduct or omission.

EN work done on a time and materials basis
*day work*
direct labour force
*force account work*
FR travaux en régie













Example sentence:

Force account is the payment method used for extra work if contractor and owner ... Prime contractors are paid only one allowance for force account work. ...

mise en régie Español-Français. ... La expresión es "sa mise en régie aux tors exclusifs de l'entreprise..." ... Tort, se escribe con T final : aux torts. ...

Peer comment(s):

neutral AllegroTrans : see my suggestion:"enter into a cost-plus contract at the expense of the company": is this not re-allocation?? "as force account work charged to.." doesn't exactly "trip off the tongue" - anyway Happy New Year!
3 days 18 hrs
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+2
4 hrs

No, no, no

This has been asked here a thousand times, and there must be 999 entries if you do a "ProZ.com term search".

Basically it means that if your builder decides halfway through building your house, say, that he is not going to finish the job, you are entitled to take on another builder to finish the work. Since it takes time to cost and draw up contracts, and you can't wait because the rainy season is about to start and the roof isn't on yet, and you can't expect your new builder to do the remaining work for the same price as the guy who pulled out (under the terms of the original contract), you will pay the new builder "en régie", which is "on a cost-plus basis", ie you pay him under a system that will inevitably be more expensive than had he worked out his costs and made arrangements in advance. However, this "en régie" work will be billed to the defaulting contractor (aux torts de la société).

--------------------------------------------------
Note added at 4 hrs (2007-12-27 20:26:48 GMT)
--------------------------------------------------

http://www.proz.com/kudoz/686642
http://www.proz.com/kudoz/545212
http://www.proz.com/kudoz/227539
http://www.proz.com/kudoz/490620
etc. etc. etc. (though admittedly, some folk have opted for "state control", which it undoubtedly can be, but not here.

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Note added at 6 hrs (2007-12-27 22:56:07 GMT)
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Allegro Molte Vivace: It's boiler (not because the heating is on) plate to help discourage contractors from, amongst other things, weighting the front end of a contract with all the money and taking off when they've received those initial payments covering far in excess of the value of the work actually done. For example.

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Note added at 4 days (2008-01-01 15:13:50 GMT) Post-grading
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AGAIN, "No, no, no !!!!!"

It breaks down thus :

J'affirme sous peine :
- de resiliation de plein droit du marche ou
- de la mise en regie aux torts de la societe,
que ladite societe ...

So it is NOT the cost-plus contract that is cancelled. Quite the opposite!

Remember that it is the CONTRACTOR talking here, making a statement which, should it be untrue, will expose him to (either) i) cancellation of the contract he has undertaken to perform or ii)letting of the work to a third-party contractor on a cost-plus basis, at the (original) contractor's expense.
Peer comment(s):

agree AllegroTrans : you have convinced me; presumably this sort of freeze-up happens quite often in your latitudes
52 mins
agree John ANTHONY : Totally agree :-)
12 hrs
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+1
8 days

"(the works ) being carried out in default at the company's cost

See my note to Asker, above. A bit about the cost being liable to exceed the original contract price can be (and generally is) added, but I don't think it is actually explicit in the source term.
Peer comment(s):

agree MatthewLaSon : Ok, in UK English, yes...American English? The current contractor breaches the contract in some regard (unfinished work, workers' behavior on site, etc). So, the client hires another contractor to finish the job at the defaulting contractor's expense.
7 hrs
Exactly, and the phrase I suggested is the way that is generally expressed when one is managing a construction contract. I believe that it is possible to carry our works in default without terminating the contract.
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