"no harm no fault" clause

Russian translation: нет ущерба - нет вины

02:49 Jun 1, 2011
English to Russian translations [PRO]
Bus/Financial - Law: Contract(s) / контракт
English term or phrase: "no harm no fault" clause
It is the standard and obligatory "no harm no fault" clause in delivery contracts.
Otherwise you would have an incentive to delay the project on your side purposely to collect liquidated damages
Irina Gerunova
Local time: 01:51
Russian translation:нет ущерба - нет вины
Explanation:
Преступление - слишком сильно для контракта.
Selected response from:

Igor Antipin
Russian Federation
Local time: 01:51
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +2нет ущерба - нет вины
Igor Antipin
4"нет ущерба, нет преступления"
Deborah Hoffman
Summary of reference entries provided
no harm - no foul
Nadezhda Kirichenko

Discussion entries: 4





  

Answers


25 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
"нет ущерба, нет преступления"


Explanation:
This might work. I know your contract is not a criminal matter, but the original is also applying a phrase from a different topic - in that case, from sports.


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Note added at 26 mins (2011-06-01 03:16:43 GMT)
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At least, I think that's where the expression comes from, as in "No harm, no foul."...

Deborah Hoffman
Local time: 17:51
Specializes in field
Native speaker of: English
PRO pts in category: 32
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
нет ущерба - нет вины


Explanation:
Преступление - слишком сильно для контракта.

Example sentence(s):
  • хотя бы потому, что нет ущерба - нет вины
Igor Antipin
Russian Federation
Local time: 01:51
Native speaker of: Native in RussianRussian
PRO pts in category: 295
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  sas_proz
1 hr
  -> Спасибо!

agree  Katerina O.
12 days
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Reference comments


14 hrs
Reference: no harm - no foul

Reference information:
No Harm - No Foul: An Equitable View on Liquidated Damages for Delay

...

A Case Study of LDs for Delay

Assume the Owner wishes to construct a natural gas fired power plant and has decided to place two parallel prime contracts. The power plant contractor is responsible for building the combined cycle power plant, while the pipeline contractor is responsible for installing the natural gas pipeline that will supply gas to the project. What happens if the pipeline contractor is nine (9) months late in completing the natural gas pipeline, through no fault of the power plant contractor? At the same time, as depicted in the following graphic, the power plant contractor was one (1) month late in completing the power plant but the plant sat idle for 8 months waiting for the pipeline contractor to complete the pipeline to supply the gas necessary to start up the power plant. Is the Owner entitled to recover LDs from the power plant contractor for the one (1) month of delay?

Many construction contracts would allow the Owner to assess the power plant contractor with one (1) month of LDs, as the power plant contractor was indeed late through no fault of the Owner or the pipeline contractor. Does this seem fair considering that the Owner could not have started the power plant due to the pipeline contractor's delay? In other words, the Owner would have still incurred delay damages due to the pipeline contractor's delay, even if the power plant contractor had completed on time.

An Equitable Argument - No Harm No Foul

An equity argument can be made in this case study that the Owner could not have started the plant even if the power plant contractor had completed on time due to a lack of natural gas resulting from the pipeline contractor's delay. Therefore, in this case study, an equity argument can be made that the Owner may not be entitled to recover damages from the power plant contractor because, through no fault of the power plant contractor, the Owner would not have been able to start the facility and sell electricity. Using this argument, there is no reason to penalize the power plant contractor. The Owner would regardless have suffered delay damages due to the pipeline contractor.

This article is not intended to encourage the parties to a contract to disregard any contracts currently in force, but to stimulate debate in the construction law arena for a more equitable view of LDs for delay. A more equitable position could be for the parties to agree in the contract language that LDs for delay should only be assessed if the prime reason a project is delayed is due to the acts or omissions of the contractor. To this end, the parties may wish to include language in the contract similar to the following:

"Notwithstanding anything to the contrary elsewhere in the contract or in law, the Owner and Contractor agree that no liquidated damages for delay shall become due and payable by Contractor to Owner unless the Owner could have completed the facility and started receiving beneficial use of said facility but for Contractor's delay."

This no harm - no foul philosophy is similar to the theory of concurrent delay, which is recognized by the courts. In concurrent delay, performance is delayed by causes attributed to both the Contractor and the Owner, thus neither party can recover compensation for the delay.


    Reference: http://www.interface-consulting.com/en/art/7/
Nadezhda Kirichenko
Specializes in field
Native speaker of: Native in RussianRussian, Native in UkrainianUkrainian
PRO pts in category: 293
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