La levée des réserves en entraîne l'exigibilité.

English translation: Guarantee withdrawal incurs payability.

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:La levée des réserves en entraîne l'exigibilité.
English translation:Guarantee withdrawal incurs payability.
Entered by: Allan Jeffs

12:18 Jul 18, 2004
French to English translations [PRO]
Construction / Civil Engineering
French term or phrase: La levée des réserves en entraîne l'exigibilité.
construction contract.

In section about 'Acceptance of work done'

Appears after:
"A l'issue de cette visite, un procès-verbal de réception est établi et signé par le maître de l'ouvrage.Il fait mention éventuellement des réserves du maître de l'ouvrage qui peut, dans ce cas, retenir à due concurrence et à titre de garantie, une somme égale au montant estimé des travaux nécessaires pour lever ces réserves, somme ne pouvant en aucun cas excéder 5 % du prix convenu."
Vanessa Lindsey
United Kingdom
Local time: 19:28
Reservation withdrawal incurs liability.
Explanation:
I understand that "réserves" here is a guarantee (5%) to ensure work is completed to the client's satisfaction.


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Note added at 47 mins (2004-07-18 13:05:42 GMT)
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You might even say \"Guarantee withdrawal / removal incurs liability.\"
Selected response from:

Allan Jeffs
France
Local time: 20:28
Grading comment
Thank you
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +1Give the actual sentence that is the problem
Bourth (X)
4 -1Reservation withdrawal incurs liability.
Allan Jeffs
3The contract must be performed upon lifting of the client's reservations
Maurice Thibaux


Discussion entries: 3





  

Answers


46 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
La levée des réserves en entraîne l'exigibilité.
Reservation withdrawal incurs liability.


Explanation:
I understand that "réserves" here is a guarantee (5%) to ensure work is completed to the client's satisfaction.


--------------------------------------------------
Note added at 47 mins (2004-07-18 13:05:42 GMT)
--------------------------------------------------

You might even say \"Guarantee withdrawal / removal incurs liability.\"

Allan Jeffs
France
Local time: 20:28
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 77
Grading comment
Thank you

Peer comments on this answer (and responses from the answerer)
disagree  Bourth (X): No, no, no, réserves is the client's saying "This will not do. We will not pay you until you have fixed this that and that". He has "reserves" about paying. When the work remedial work has been done, he must pay up (the sum is "exigible")
22 hrs
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
La levée des réserves en entraîne l'exigibilité.
The contract must be performed upon lifting of the client's reservations


Explanation:
The way I understand this is that if the client has reservations because the work does not comply with requirements, the client can hold back funds. When the discrepancy has been resolved, the client is obliged to perform the contract.

Maurice Thibaux
Local time: 04:28
Native speaker of: Native in FrenchFrench
PRO pts in category: 20
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31 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
La levée des réserves en entraîne l'exigibilité.
Give the actual sentence that is the problem


Explanation:
because the best solution is to rework it, given that the idea is not expressed the same way in English as a rule.

Réserves = reservations or qualifications, i.e. observation of sub-standard or non-conform work, etc. that the contractor is expected to make good, within a given time, before he receives final payment, or failing which a sum will be deducted from the final payment/bond reimbursement.

You COULD talk about "withdrawal of reservations" by the Owner, but it might be best, depending on what your sentence actually says, to reverse the situation and "put the onus" on the contractor by referring to his obligation to "make good", "remedy defects", etc. "to the Owner's satisfaction". You might also wish to refer to a "punch list" = "(liste des) réserves".

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Note added at 1 day 17 mins (2004-07-19 12:35:19 GMT) Post-grading
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The whole point of what I am trying - obviously - to say is that it\'s not a matter of whether of not the client \"withdraws\" his reservations or not, but whether the contractor performs the remedial work pertaining to those reservations. An obstreperous client could refuse to withdraw his reservation even when the work has been done, and put the onus on the contractor to take the matter through the courts, claiming he had not withdrawn his reservations and was not therefore to be expected to pay up. By turning the sentence round and saying that the payment is due when the remedial work has been done, you avoid this (besides, it corresponds to English practice in the matter).

For info:
handover - Process of delivering up the site and the works to the client upon completion and without RESERVATION.
[British Standards Institute]

Punch list -- A list prepared near the end of a project which itemizes the remaining work to be completed; An itemized list that notes any incomplete or unsatisfactory construction. It is prepared after the contractor has notified the owner that the tenant improvements are substantially complete. Major problems on the punch list should be fixed prior to move-in. Minor ones are usually dealt with after the move-in. [Web

reservation - 2. a limiting condition or qualification, tacit or expressed, as in an agreement. [Websters]

Thus, a client may accept the work done but express reservations regarding items requiring further work to comply with the terms of the contract.

Bourth (X)
Local time: 20:28
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4135

Peer comments on this answer (and responses from the answerer)
agree  Vicky Papaprodromou
16 mins
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