English language in Contracts

Question

Hi fellows,I'm trying to not just translate but adopt Russian-language contract and make it clear for my English-speaking partners.Could you please recommend me any online special purpose resources where I can check usability of this or that word, the correct forms of legal terms or clearify any provision of (US maybe) contractual law?PS:I don't want to ask million questions here that could be of no interest for everyone and spam this thread.Yes, google is the solution but there are too many websites I can not trustThanks for your help!

Lawyee · Accepted Answer

Hi, I would really recommend you to post your problems here. We (by "we" I mean me and those "more clever and more helpful moderators"

) will do our best to help you. I have translated lots of contracts into English and from English and know that it's of little use to try to find a "general" page for everything. You must be also aware that most of these sites are intended for anglo-saxon legal system and they could really confuse you. Therefore it is always better to check your ideas here

Blender_kid · Answer

Then I start with a simlpe question which might seem to be stupid at first.

If the definitions of "Customer" and "Contractor" are given in the very beginning of contract then do I use a definite atricle before the above terms all the way in the text?

e.g.: "The Contractor shall perform the works on installation of the Customer's Equipment...

Thank you for prompt reply!

Feebs11 · Answer

Yes, you do.

Blender_kid · Answer

Great, it's clear now!

next one

What is the correct phrase: to perform the works under the agreement or to carry out the works under the agreement?
Is there any difference?
And what is the correct noun phrase for that: the works performance, the work performance or neither of the will do?

thank you!

Lawyee · Answer

1. I use carry out the works, performing refers to duties or obligations
2. I would say "performance of the works" but of your alternatives "works performance" sounds better
What do you think, Feebs (my cleverer and more experienced colleague

)

Blender_kid · Answer

Lawyee1. I use carry out the works, performing refers to duties or obligations
2. I would say "performance of the works" but of your alternatives "works performance" sounds better
What do you think, Feebs (my cleverer and more experienced colleague)

As to point 2, the only thing that confuses me is that the term "work performance" has another meaning "labour productivity or efficiency". That's why I'm trying to rewrite this term.

Thank you guys so much for your help!

Feebs11 · Answer

"

Lawyee1. I use carry out the works, performing refers to duties or obligations
2. I would say "performance of the works" but of your alternatives "works performance" sounds better
What do you think, Feebs (my cleverer and more experienced colleague)

#1 I agree that "carry out" is better in this context..

As to #2, I would prefer to have the full sentence in which the phrase is used to see what is intended.

Anonymous · Answer

What is the correct phrase: depends what you want to do

to perform the works under the agreement to actually do the work

or to carry out the works under the agreement to make sure the work is done; oversee the work; it may be sub-contracted to another company to actually do the work.

Is there any difference? Yes, be sure your contract is clear.

Anonymous · Answer

Feebs11"
Lawyee1. I use carry out the works, performing refers to duties or obligations
2. I would say "performance of the works" but of your alternatives "works performance" sounds better
What do you think, Feebs (my cleverer and more experienced colleague)
#1 I agree that "carry out" is better in this context..

As to #2, I would prefer to have the full sentence in which the phrase is used to see what is intended.

ok, for example: The Customer shall assume control over performance of Works.

Feebs11 · Answer

The Customer shall have control over the performance of the Works.

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