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Glossary entry

English term or phrase:

whole sentence

English answer:

regardless of...

Added to glossary by acetran
Jan 10, 2015 14:06
9 yrs ago
English term

whole sentence

English Other Law: Contract(s)
Contract of purchase/service
"Notwithstanding the date of this Agreement the Buyer's engagement to carry out and complete the Works shall take effect from the date when the Buyer first commenced performance of the Works."
Could you please clarify this convoluted sentence please?
Responses
4 +6 regardless of...
4 Notwithstanding the date of this Agreement, the Buyer's engagement to carry out and complete the Wor
Change log

Jan 16, 2015 04:28: acetran Created KOG entry

Discussion

Ewa Dabrowska (asker) Jan 10, 2015:
I should have specified that my confusion was due to the use of "shall take effect"; my understanding was that it means "comes into force" (e.g. an agreement); it sounds very odd to me to say "the Buyer's engagement begins when he first started the work" but I can see the sense of it now.

Responses

+6
4 mins
Selected

regardless of...

Regardless of the date this agreement is signed, the engagement of the buyer to carry out and complete the works shall take effect (begin or start) from the day he began the work.

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Note added at 7 mins (2015-01-10 14:13:57 GMT)
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So, the date the buyer began the work shall determine the engagement of the buyer to carry out and complete the work. The date of signing of the agreement is not relevant.

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Note added at 11 mins (2015-01-10 14:17:52 GMT)
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Sometimes, an agreement may be signed for the construction of a building (01.01.07). And there may be undue delays in starting the construction (say water-logging). And say, the construction starts after 2 years (01.01.09). The contractor has to complete the building in 6 months. So, the date of starting of the construction is more importint, irrespective of when the contract was signed.
Peer comment(s):
agree Yvonne Gallagher
1 hr
:)
agree AllegroTrans
1 hr
:)
agree Tina Vonhof (X) : Grammatically, the original sentence should say: "...shall take effect...when the buyer first commences....". It is a general contractual statement, so it should be the same, regardless of whether the work started in the past or will start in the future.
2 hrs
:)
agree B D Finch
3 hrs
:)
agree Tamas Elek
19 hrs
:)
agree Charlesp
1 day 18 hrs
:)
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks"
4 mins

Notwithstanding the date of this Agreement, the Buyer's engagement to carry out and complete the Wor

maybe only the missing comma did the trick

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Note added at 10 mins (2015-01-10 14:17:33 GMT)
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It does not mtter when the agreement is made, it is valid when the person that wll be doing the work starts doing it.
Peer comment(s):
neutral writeaway : I think asker doesn't understand the meaning. this doesn't really explain anything
1 min
yes it does, if you can do better...do it.
neutral B D Finch : We haven't actually been told anything about the content of the Agreement and so should not assume that the Agreement becomes valid at that date.
3 hrs
Something went wrong...
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