per fatto

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Boba

Member
Bosnia and Herzegovina, Serbian
Hi!
I would kindly ask you for your help. I cannot find a suitable translation for this ''per fatto'' because I am not quite sure what it means in this context, and the context is:
'Nel caso di risoluzione del contratto per fatto o per colpa dell'Appaltatore, spetterà a quest'ultimo nessun pagamanto di quella parte dei lavori regolarmente eseguiti.'
'In case of termination of the contractper fatto or because of the Contractor, he is not entitled to any payment of the part of the works carried out regularly.'
And one more thing, I am not 100% sure if I got it right as far as the payment is concerned. I think that there should be a ''non'' before spetterà, but I'd like your opinion.
And, yes...HAPPY NEW YEAR!

Thanks for the help,
Boba
 
  • CPA

    Senior Member
    British English/Italian - bilingual
    I think that "termination of contract due to default by the Contractor" would probably cover both the "fatto" and the "colpa". You got it right as far as the payment is concerned. The lack of a "non" is unusual but perfectly correct, bearing in mind that this is legalese. ;)
     

    Gianfry

    Senior Member
    Italian
    "per fatto o per colpa" is a fixed "legalese" expression. "per colpa", of course, means that the Contractor didn't accomplish to the duties stated in the contract. "per fatto", maybe means that the company, for instance, closes down or decides for any reason to withdraw from the job. But I'm not 100% sure, hope some expert will show up with a better explaination. Otherwise, CPA's try works perfectly...
    As to the second part, your translation is fine. CPA has been generous: I would never say "spetterà a quest'ultimo nessun pagamento", but "non spetterà a quest'ultimo nessun pagamento" (in an informal context) or, much better, "non spetterà a quest'ultimo alcun pagamento".
     

    duma

    Senior Member
    UK, English
    Hello,

    I have a related question - in a contract, two of the articles are entitled:

    Risoluzione per fatto del Cliente
    Risoluzione per fatto del Gestore

    They describe what happens if the contract is terminated through the client's or the contractor's fault.

    In English, would you say "Termination due to Client's/Operator's default"? Would that cover all the eventualities described by Gianfry? Or would something vaguer, like "Termination due to Client's/Operator's action", be better?

    Thanks!
     
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