Glossary entry (derived from question below)
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
French term
mise en regie aux torts
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""
Proposed translations
rightfully cancel the cost-plus contract due to a defaulting contracting firm
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)
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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".
neutral |
AllegroTrans
: definitely right tracks, but it needs to be trimmed!
1 hr
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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.
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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
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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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put under state control at the expense
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Note added at 35 mins (2007-12-27 16:50:15 GMT)
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OF the company
to enter into a cost-plus contract at the expense of the company
(US) contract re-allocation as force account work charged to
EN work done on a time and materials basis
*day work*
direct labour force
*force account work*
FR travaux en régie
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. ...
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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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No, no, no
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).
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Note added at 4 hrs (2007-12-27 20:26:48 GMT)
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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.
agree |
AllegroTrans
: you have convinced me; presumably this sort of freeze-up happens quite often in your latitudes
52 mins
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agree |
John ANTHONY
: Totally agree :-)
12 hrs
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"(the works ) being carried out in default at the company's cost
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
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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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Discussion
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!