исполнитель - заказчик

English translation: always put "the Contractor" etc

15:44 Apr 27, 2005
Russian to English translations [PRO]
Law/Patents - Law: Contract(s)
Russian term or phrase: исполнитель - заказчик
Actually I am interested in the article usage with "The Employer" and "the Contractor". Is it necessary to render all occurances of "исполнитель" and "заказчик" with the definite article? What is the general pattern?

It seems to me simply using "the" once in the introductory section of the contract would suffice, going on though the rest of the contract with "Contractor" and "Employer".
doritoniac
United States
Local time: 06:56
English translation:always put "the Contractor" etc
Explanation:
this is standard practice in contracts and most of the time you'll have to put "the" anyway

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Note added at 2 mins (2005-04-27 15:47:07 GMT)
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of course, you should not put \"the\" if it would make the sentence grammatically incorrect

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Note added at 8 mins (2005-04-27 15:53:06 GMT)
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But most of the time you\'ll be writing The Contractor and the Customer/Employer

I can\'t recall the last time I didn\'t have to use \"the\" for grammatical reasons in a contract
Selected response from:

Konstantin Kisin
United Kingdom
Local time: 11:56
Grading comment
Thank you!
3 KudoZ points were awarded for this answer



Summary of answers provided
4 +2always put "the Contractor" etc
Konstantin Kisin
5Just for the heck of it
Irene N
5No>>>>
Tsogt Gombosuren


Discussion entries: 2





  

Answers


2 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
Исполнитель - зак
always put "the Contractor" etc


Explanation:
this is standard practice in contracts and most of the time you'll have to put "the" anyway

--------------------------------------------------
Note added at 2 mins (2005-04-27 15:47:07 GMT)
--------------------------------------------------

of course, you should not put \"the\" if it would make the sentence grammatically incorrect

--------------------------------------------------
Note added at 8 mins (2005-04-27 15:53:06 GMT)
--------------------------------------------------

But most of the time you\'ll be writing The Contractor and the Customer/Employer

I can\'t recall the last time I didn\'t have to use \"the\" for grammatical reasons in a contract

Konstantin Kisin
United Kingdom
Local time: 11:56
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in RussianRussian
PRO pts in category: 23
Grading comment
Thank you!

Peer comments on this answer (and responses from the answerer)
agree  Robert Donahue (X): Exactly. This was the subject of a long and drawn out Kudos post not long ago. You need it and it sounds awkward without it.===That's right, it was the rental contract thing..."The Lessee".
8 mins
  -> Yeah, I'm trying to think of a situation where it would be wrong to put "the"...

agree  Andrey Belousov (X)
29 mins
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7 mins   confidence: Answerer confidence 5/5
Исполнитель - зак
No>>>>


Explanation:
You should use definite article in all occurrences of "Employer" and "Contractor".


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Note added at 9 mins (2005-04-27 15:54:12 GMT)
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http://www.usaid.gov/our_work/cross-cutting_programs/asha/fo...

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Note added at 10 mins (2005-04-27 15:55:05 GMT)
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The Employer wishes to… (Describe the project, which could be referred to as the “Works” and include the value of the Agreement. If the value exceeds $25,000 and is financed by the American Schools and Hospitals Abroad (ASHA), the text in this section shall include the ASHA’s mandatory clauses – as per Enclosure [15] – and contain the following paragraph: “The Employer and the AE Service Provider have agreed on a fix price for professional services in accordance with Attachment A, appended to this Agreement.”)


B – DESIGN DRAWINGS and SPECIFICATIONS

1. Before initiating work on plans and technical specifications, the AE Service Provider and the Employer will arrange a site survey. They will discuss needs of subsoil investigation, utilities, space requirements, and any other pertinent data needed to
1.1. Prepare an Initial Environmental Evaluation (IEE), in accordance with ASHA and/or local codes requirements, and
1.2. Execute a soil exploration program to determine the type of safe foundation in accordance with sound engineering principles and the International and/or Local Building Code.


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Note added at 16 mins (2005-04-27 16:00:46 GMT) Post-grading
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http://www.birmingham.gov.uk/Media/Builders contract.doc?MED...
The contractor shall carry out the work described in the attached specification in a
good and workmanlike manner for the fixed sum of Ј.............................. plus VAT (at the

standard rate) if applicable Ј.................................


The employer shall remove all furniture, fixtures and fittings necessary for the
contractor to call out and complete the work.


The work shall commence on............................. and be completed by..............................
Hours of work will be 9am - 5pm, with the usual allowances for lunch and tea breaks.


Time is of the essence with regard to this work.The completion date will only be
extended if factors outside the control of the contractor prevent the work being

completed on time. If the contractor leaves the site for more than 5 consecutive days,

without reasonable explanation, the employer may terminate the contract.



Tsogt Gombosuren
Canada
Local time: 04:56
Specializes in field
Native speaker of: Native in MongolianMongolian
PRO pts in category: 156
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2 hrs   confidence: Answerer confidence 5/5
Исполнитель - зак
Just for the heck of it


Explanation:
I bore witness to such catfights over this issue among native speakers and even lawyers themselves - it's not even funny.
50/50 - and one of the agruments coming from a person with Oxford English and some serious education in jurisdiction - after the first instance and placement in quotation marks it becomes a proper name and should be used Without the article - you are Jack, not The Jack.

Resume - in real life (at least American life) both options are used equally often and are regarded equally correct. "The" increases the invoice total though:-)

Cheers,
Irina

Irene N
United States
Local time: 05:56
Specializes in field
Native speaker of: Native in RussianRussian
PRO pts in category: 40
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