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nicht kalkuliert

English translation: not accounted for in the original quotation

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:nicht kalkuliert
English translation:not accounted for in the original quotation
Entered by: David Williams
Options:
- Contribute to this entry
- Include in personal glossary

16:36 Feb 18, 2009
German to English translations [PRO]
Bus/Financial - Law: Contract(s)
German term or phrase: nicht kalkuliert
Context:

Falls während der Vertragslaufzeit aufgrund einer Änderung dieser anzuwendenden Vorschriften, Dokumente und Richtlinien wesentliche Mehrkosten entstehen, die nachweislich nicht kalkuliert wurden, wird der Auftraggeber diese auf Basis einer gesonderten Vereinbarung berücksichtigen.

Does "nicht kalkuliert" actually mean "not calculated" here, or is it more along the lines of "not included in the estimate"/"not costed for"/"not anticipated"?
David Williams
Germany
Local time: 13:32
demonstrably not included
Explanation:
Standard change order language.
If the owner makes changes which add to the contracted scope of work, the contractor shall be compensated for actual increases in his expenditures, provided that he can demonstrate that his estimating did not anticipate such changes.


--------------------------------------------------
Note added at 59 mins (2009-02-18 17:36:14 GMT)
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Estimating: attempt to define the probable cost of executing a contract.
Proposal (tender in the UK): Actual offer to execute a contract for a specific sum under specific conditions. (Normally preceded by estimating in risk-averse contracting circles).



--------------------------------------------------
Note added at 1 hr (2009-02-18 17:46:00 GMT)
--------------------------------------------------

A BIG PS: hereabouts, we would call the language police if anyone really used demonstrably.

A more acceptable (and neutral-in-tone) usage would probably be VERIFIABLE/VERIFIABLY depending on syntax.

--------------------------------------------------
Note added at 1 day1 hr (2009-02-19 17:57:37 GMT)
--------------------------------------------------

David: Significant does not belong. It is prejudicial. They can argue about that in court. Your original says "on the basis of A" change. The original also says that the added charges will be the subject of a separate agreement. Costing is irrelevant. The issue is added work not covered by the original contract.

--------------------------------------------------
Note added at 1 day22 hrs (2009-02-20 15:04:48 GMT) Post-grading
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David, you are correct. My mistake. Too much caffeine. Worrying about the elk.
Sorry!
andrew
Selected response from:

Andrew Catford
United States
Local time: 05:32
Grading comment
Thanks to all of the answerers & contributors. My final version: "provided it can be demonstrated that these costs were not accounted for in the original quotation".
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1demonstrably not included
Andrew Catford
3 +2[can be proven not to have been] included in the costings/invoiced
Helen Shiner
4 +1not considered (included) in the calculationVittorio Ferretti
4not accounted for in the original invoice
Nastassja K


Discussion entries: 3





  

Answers


2 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
nicht kalkuliert (Hier!)
not considered (included) in the calculation


Explanation:
IMO

Vittorio Ferretti
Local time: 13:32
Native speaker of: German
PRO pts in category: 16

Peer comments on this answer (and responses from the answerer)
agree  D-E Translator
11 hrs
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6 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
nicht kalkuliert (Hier!)
[can be proven not to have been] included in the costings/invoiced


Explanation:
Would that do?

Helen Shiner
United Kingdom
Local time: 12:32
Native speaker of: Native in EnglishEnglish
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
agree  waschbaer
41 mins
  -> Thank you, Veronika

agree  Inge Meinzer
2 hrs
  -> Thank you, Inge
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1 day4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
not accounted for in the original invoice


Explanation:
You want to get across that any additional costs have not been included in the original contract or estimate.

You could either simply say, "not invoiced", or go into more depth, such as "Not included/invoiced in the original contract".

I prefer, "any additional costs resulting from xxx have not been accounted for in the original invoice"

Nastassja K
United States
Local time: 04:32
Native speaker of: Native in EnglishEnglish
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23 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
nicht kalkuliert (Hier!)
demonstrably not included


Explanation:
Standard change order language.
If the owner makes changes which add to the contracted scope of work, the contractor shall be compensated for actual increases in his expenditures, provided that he can demonstrate that his estimating did not anticipate such changes.


--------------------------------------------------
Note added at 59 mins (2009-02-18 17:36:14 GMT)
--------------------------------------------------

Estimating: attempt to define the probable cost of executing a contract.
Proposal (tender in the UK): Actual offer to execute a contract for a specific sum under specific conditions. (Normally preceded by estimating in risk-averse contracting circles).



--------------------------------------------------
Note added at 1 hr (2009-02-18 17:46:00 GMT)
--------------------------------------------------

A BIG PS: hereabouts, we would call the language police if anyone really used demonstrably.

A more acceptable (and neutral-in-tone) usage would probably be VERIFIABLE/VERIFIABLY depending on syntax.

--------------------------------------------------
Note added at 1 day1 hr (2009-02-19 17:57:37 GMT)
--------------------------------------------------

David: Significant does not belong. It is prejudicial. They can argue about that in court. Your original says "on the basis of A" change. The original also says that the added charges will be the subject of a separate agreement. Costing is irrelevant. The issue is added work not covered by the original contract.

--------------------------------------------------
Note added at 1 day22 hrs (2009-02-20 15:04:48 GMT) Post-grading
--------------------------------------------------

David, you are correct. My mistake. Too much caffeine. Worrying about the elk.
Sorry!
andrew

Example sentence(s):
  • Additional charges for owner-initiated scope changes will only be accepted if the contractor demonstrates that changes actually led to increased costs.
Andrew Catford
United States
Local time: 05:32
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 15
Grading comment
Thanks to all of the answerers & contributors. My final version: "provided it can be demonstrated that these costs were not accounted for in the original quotation".
Notes to answerer
Asker: Many thanks for the various answers & discussion, but I'm now a little confused by the various suggestions & addenda. Here is the whole sentence, anonymised and every so slightly santised: Falls (Auftragnehmer) während der Vertragslaufzeit aufgrund einer Änderung dieser anzuwendenden Vorschriften, Dokumente und Richtlinien wesentliche Mehrkosten entstehen, die nachweislich nicht kalkuliert wurden, wird der Auftraggeber diese auf Basis einer gesonderten Vereinbarung berücksichtigen. And here is my current draft, working on the basis of the suggestions in the discussion + the standard change order language provided: If significant changes which add to the contracted scope of work for (contractor) arise during the term of contract as a result of any changes to the applicable regulations, documents and directives, the customer shall the customer shall compensate (contractor) for actual increases in expenditure on the basis of a separate agreement, provided it can be demonstrated that the costing did not anticipate such changes.

Asker: Sorry, that WAS formatted in neat paragraphs, but alas the formatting was lost :-(

Asker: I'm puzzled as to why you say significant does not belong. The original says "Falls ... wesentliche Mehrkosten entstehen".

Asker: The elk? Demonstrably and verifiably LOL! :-D


Peer comments on this answer (and responses from the answerer)
agree  waschbaer: I don't like demonstrably, but your explanation is perfect.
33 mins
  -> Couldn't agree more. Hate the word! See my notes for late inspiration. Thanks!
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Changes made by editors
Feb 18, 2009 - Changes made by Marcus Malabad:
Term askednicht kalkuliert (Hier!) » nicht kalkuliert
Field (specific)Business/Commerce (general) » Law: Contract(s)
Field (write-in)Contracts » (none)


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