Contractor is not entitled to delivery or performance in Sections

isabel...

Senior Member
Spanish
Hi, I am translating a contract into Spanish and I need to completely understand this part in bold, can anyone explain it to me please?

Sections of the Works
The Works have to be offered and taken over entirely completed. Delivery of Sections is not stipulated. Contractor is not entitled to delivery or performance in Sections or parts of the Works and all provisions in the Contract (i.e. the Particular Provisions) regarding Taking Over or Completion of Sections shall not apply to this Contract.
 
  • dojibear

    Senior Member
    English - Northeast US
    It is not very clear, and it is definitely "the specific language of builders and contractors", rather than general English use of terms.

    I think "performance" here refers to something that is described somewhere else in the document, in more detail. Basically we are talking about "performing" (carrying out, completing) some clause in the document.

    "Performance" could mean "payment that the contractor gets upon completion". Or it could be something else.
     

    isabel...

    Senior Member
    Spanish
    Thanks for your comment! I found this context similar to mine on the web:

    Delay damages must be perceived, in principle, as a limitation of delay liability, and never as any kind of contractual penalty. FIDIC forms do not allow for milestone provisions and/or milestone damages. An agreement on performance in sections is foreseen instead. According to FIDIC, it is up to the contractor on how to plan and execute their works.

    What do you think it may be?
     
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