Weird English phrase, please help!

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Anonymous

#476949 Thu, 14 Feb 08 05:50 PM

Hello everybody,

I came across a "weird" English phrase and I'm not sure how to interpret it (it is part of a contract). Can you please help me understand it (that is translation from English to English)? (:)) Smile

Many thanks in advance!

" Payment of liquidated damages by the supplier shall be to the full and complete satisfaction of the builder for any delay in performing contractual obligations by the supplier and the right to claim such payments shall be to the exclusion of any other remedies of the builder in respect of such delay."

(I also have the feeling that there are some punctuation signs missing...)

Anonymous

Punctuation, Punctuation, Translation

Feebs11

#477025 Thu, 14 Feb 08 09:49 PM

Anonymous
Hello everybody,

I came across a "weird" English phrase and I'm not sure how to interpret it (it is part of a contract). Can you please help me understand it (that is translation from English to English)?
Many thanks in advance!

" Payment of liquidated damages by the supplier shall be to the full and complete satisfaction of the builder for any delay in performing contractual obligations by the supplier and the right to claim such payments shall be to the exclusion of any other remedies of the builder in respect of such delay."

(I also have the feeling that there are some punctuation signs missing...)

It is quite usual in legal documents for punctuation to be omitted.

the right to claim such payments shall be to the exclusion of any other remedies of the builder in respect of such delay = here "remedy" is the legal means to recover a right or to prevent or obtain redress for a wrong.

In this clause, the builder's right to claim these payments [payment of liquidated damages] - if they are connected with a delay in the performance of the contract - cannot be changed by any legal instruction relating to the delays.

Feebs11

Joined on Thu, Nov 23 2006

Senior Member (4,922)

Clauses, Punctuation, Translation

Anonymous

#477037 Thu, 14 Feb 08 10:15 PM

You probably need a contract lawyer to confirm the meaning, but I think it means:

If the supplier does not get the materials to the Builder in time (according to the contract), the Supplier must pay the Builder damages (a settlement), to the satisfaction of the Builder. The Builder can claim these damages, and these payments must be made, even if all other methods have been offered and rejected by the Builder.

(Why can't lawyers speak more clearly???)

Anonymous

#477039 Thu, 14 Feb 08 10:25 PM

Thank you both for your answers!

The text is conceived by somebody from Singapore... I'm trying to get the real meaning of it and your help is much appreciated!

Anonymous