desaparecidas las causas o motivos...

English translation: When the reasons or grounds... no longer exist

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:desaparecidas las causas o motivos...
English translation:When the reasons or grounds... no longer exist
Entered by: Lydianette Soza

17:12 Feb 2, 2018
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s) / Contract
Spanish term or phrase: desaparecidas las causas o motivos...
Source text:

Retenciones de pago por el contratante y el contratista

EL CONTRATANTE en base a recomendaciones de El Supervisor, podrá retener de cada pago una suma equivalente a:

a) El monto de los daños por trabajos defectuosos no corregidos debidamente a su tiempo.
b) El monto de reclamos pendientes por incumplimiento de compromisos contractuales.
c) El monto que por utilización de materiales existentes en la obra sean incorporados por El Contratista contando con la debida autorización de EL CONTRATANTE

Desaparecidas las causas o motivos que hubiesen dado lugar a cualquier retención, ésta será pagada debidamente. Los trabajos defectuosos serán corregidos por cuenta de El Contratista, cuando los mismos sean producto de su negligencia o contumacia.

My try:
Extinguished the grounds that led to any [payment] retention, then the [owed] money will be paid...
Lydianette Soza
Belize
Local time: 22:43
When the reasons or grounds... no longer exist
Explanation:
I don't think we can say that the reasons or grounds "cease", but rather that they "cease to exist".

"When any reasons or grounds that may have led to the withholding of any amount no longer exist..."

I think you could also word it as:

"When there are no longer any reasons or grounds for withholding, payment must be duly made"
Selected response from:

Robert Carter
Mexico
Local time: 23:43
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +2upon cessation of the grounds or reasons
Yuriy Vilner
4 +3in the absence of any cause or motive
Sandro Tomasi
4 +3When the reasons or grounds... no longer exist
Robert Carter
4with any possible grounds or reasons for...... having subsided
Oliver Toogood
3Once the grounds or reasons have been remedied
Maria Krismancich


Discussion entries: 2





  

Answers


14 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
in the absence of any cause or motive


Explanation:
Desaparecidas las causas o motivos que hubiesen dado lugar a cualquier retención,

Having no further cause or motive that may have given raise to any....
With the absence of any cause or motive that may have given raise to any....


Sandro Tomasi
Local time: 00:43
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 50

Peer comments on this answer (and responses from the answerer)
agree  MollyRose: that may have given RISE to ... Also, "may have given rise..." implies that whatever causes existed before don't now.
1 hr
  -> Yes, RISE, of course. Thank you, MollyRose.

agree  Noni Gilbert: In the absence of, yes.
1 hr
  -> Thank you, Noni.

agree  jude dabo: Very Good!
3 hrs
  -> Thank you, Jude.
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32 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
with any possible grounds or reasons for...... having subsided


Explanation:
'...with any possible grounds or reasons which may have given rise to the withholding any amount having subsided,..'

Oliver Toogood
United Kingdom
Local time: 05:43
Native speaker of: Native in EnglishEnglish
PRO pts in category: 44
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
When the reasons or grounds... no longer exist


Explanation:
I don't think we can say that the reasons or grounds "cease", but rather that they "cease to exist".

"When any reasons or grounds that may have led to the withholding of any amount no longer exist..."

I think you could also word it as:

"When there are no longer any reasons or grounds for withholding, payment must be duly made"

Robert Carter
Mexico
Local time: 23:43
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 374

Peer comments on this answer (and responses from the answerer)
agree  patinba: Three cheers for some plain English.
1 hr
  -> Thanks, Pat :-)

agree  MollyRose: Just so you know :) I agree with this wording, too. "When there are no longer any reasons or grounds..."
8 hrs
  -> Thanks, Molly.

agree  AllegroTrans
1 day 9 mins
  -> Thanks, Chris.
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25 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
upon cessation of the grounds or reasons


Explanation:
Hello again, Lydianette,

Here's is my suggestion, and I'll once again guide you through my thought process:

"desaparecidas" means that there were reasons for withholding payment from the Contractor but those reasons now cease to exist. Therefore I'd simply use "cessation." The provision states that payment must be made immediately following such cessation, so I would use --> "Upon cessation"

"Causas" and "motivos" are commonly translated as grounds or reasons. They form the basis for the withholding of payment.

My full translation would be:

"Upon cessation of the grounds or reasons forming the basis for the withholding of any amount, the amount shall be duly paid."

Alternatively, a less literal version:
"Any amount withheld on the basis of grounds or reasons that cease to exist shall be duly paid upon the cessation thereof."

--------------------------------------------------
Note added at 1 hr (2018-02-02 19:03:42 GMT)
--------------------------------------------------

In response to Robert Carter's (understandable) concern with the use of "cessation:" it's true that we commonly see the term used in conjunction with "to exist" as in e.g., a company that "ceases to exist." But the plain meaning of "cessation" is "ending/being brought to an end." In this case, we're dealing with specific circumstances (e.g. defective works not timely remedied, status of default on contractual payments) that must be brought to an end (i.e. that must cease) in order for the payment to be returned. So what ceases are the circumstances. Now, if we were referring to the cessation of a company, a body, or let's say documents that were destroyed in a fire, we'd use "cease to exist." Hope this clears it up, Robert and anybody else interested.



Yuriy Vilner
United States
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
agree  Robert Forstag: As you point out, the original clearly implies that such grounds did exist in the past, but that they no longer exist.
23 mins
  -> That's exactly right, Robert. "Cualquier" here was in reference to withholdings, not grounds.

agree  MollyRose: I agree with this one, too.
1 hr
  -> I appreciate it Molly, but if you look closely there's a subtle distinction: grounds that did in fact exist VS. grounds that may come to exist
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3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
Once the grounds or reasons have been remedied


Explanation:
From the context, it appears that the reasons for withholding payment may be temporary and once action is taken to remedy the defects, contractor will receive payment withheld in full.



Maria Krismancich
United States
Local time: 23:43
Works in field
Native speaker of: Native in SpanishSpanish
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