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Glossary entry

Portuguese term or phrase:

trabalhos a menos

English translation:

Cancelled tasks

Added to glossary by Mark Robertson
Feb 23, 2020 19:25
4 yrs ago
23 viewers *
Portuguese term

trabalhos a menos

Portuguese to English Law/Patents Construction / Civil Engineering Construction Contract
O prazo de execução da Empreitada não pode ser prorrogado em razão da variação do volume de trabalhos previstos, conquanto o valor dos trabalhos a mais deduzido do valor dos trabalhos a menos não corresponda a um aumento superior a 10% (dez por cento) do valor da adjudicação.

There is an existing answer to this question at

https://www.proz.com/kudoz/portuguese-to-english/law-contrac...

but none of the answers there convince me.
Proposed translations (English)
4 +1 Cancelled tasks
4 +1 (Error and) Omission Change Orders
4 changes to contracted work
4 scheduled but not executed works
4 -1 Verringerung des Arbeitsvolumens
3 easier works/less work voluime to do
3 reduced works / works not delivered / works not on schedule
3 Under-performance

Discussion

Charles R. Castleberry Feb 24, 2020:
@Mark Let's say the main contractor wants the concrete guys to level the floor and it's only one sector of the building, but the concrete workers can only come back in two weeks. The tile worker has other jobs and cannot come back to tile that section. Let's say his contract is time limited, so he files a(n E&O) change order stipulating he will tile everything but the floors in that section at an adjusted price.
Charles R. Castleberry Feb 24, 2020:
@Mark I see you mention tasks. That makes sense when the construction companies employs all the workers involved. Many companies just hire a skeleton crew (laborers) and subcontract piece work to tradesmen/subcontractors. The tasks are outlined in the subcontracting agreements. A tile worker stipulates that the slab must be level on hand off. When it's not, the concrete guys are long gone. Then a change order is submitted for the added cost/work (task) of leveling the floor.
Charles R. Castleberry Feb 24, 2020:
@Mark Management (New York Office and Florida Keys Office) and labor (engineers, electricians, plumbers carpenters and laborers) at a construction company I worked for on military bases in the Florida Keys. Sub-contractors constantly justify and send change orders to the main contractor.
Mark Robertson (asker) Feb 24, 2020:
@All Cancelled tasks and Omission Change Orders are both good answers. Although I tend towards Cancelled Tasks/Works because the context is arithmetic, i.e. the focus is on calculation rather than orders.
Mark Robertson (asker) Feb 24, 2020:
@Mário Certíssimo
Mario Freitas Feb 23, 2020:
Não, peraí Podem ser "omissions" sim, se estiverem no projeto de engenharia e tiverem sido omitidos do cronograma, ou se estiverem no projeto básico (basic design) e tiverem sido excluídos no projeto executivo (detailed design). Sorry! Eu interpretei como trabalhos a menos não realizados pela contratada, mas trata-se de trabalhos a menos por terem sido excluídos pelo empregador, certo?
Mario Freitas Feb 23, 2020:
@ Mark Não, cara! Se os trabalhos estavam no cronograma e foram excluídos, não podem ser "omissions". Pode até ser "suppressed, cancelled ou excluded works". Mas "omissions" seriam trabalhos que ainda estão no cronograma e a contratada não cumpriu, ou seja, foi "omissive or noncompliant", você não acha?
Mark Robertson (asker) Feb 23, 2020:
@Mario Achei um glossário de termos de Direito Construtivo que foi elaborado por um dos craques da praxe.

O termo que usa é:

"Omissions:

Items of original contract work required not to be carried out by the employer or the architect on the employer’s behalf."

Employer é o termo que usa para dono da obra.

https://feconslaw.wordpress.com/glossary-of-construction-law...
Mark Robertson (asker) Feb 23, 2020:
@Mário Tem a ver com o volume de trabalhos inicialmente previstos mas subsequentemente excluidos pelo Dono da Obra, expresso em termos do valor dos trabalhos a mais e a menos.
Mario Freitas Feb 23, 2020:
@ MARK This is a bit ambiguous, because "a mais" and "a menos" could be related to the amount (valor) or to the voume of work (trabalhos). Therefore, it's advisable to devise a solution that would fit both purposes. I'm trying to think of one...

Proposed translations

+1
1 hr
Selected

Cancelled tasks

The whole sentence looks like a commitment clause, explaining that tasks not previously planned in an agreement cannot change its deadline, and that the cost difference between those new tasks and cancelled tasks (previously planned in that agreement) cannot surpass 10% of the granted amount. In that case, the translation of "trabalhos a menos" would be "cancelled tasks". You could also use "reduced tasks" or "reduced activities".

--------------------------------------------------
Note added at 17 hrs (2020-02-24 13:06:04 GMT)
--------------------------------------------------

Thanks for the tip Mark
Example sentence:

Neither the costs of new activities, decreased by the costs of cancelled activities, cannot surpass 10% (ten percent) of the amount agreed.

Note from asker:
Yes, it is a commitment clause and you describe it correctly. Cancelled tasks/works is a good option. Your example sentence needs improvement. For example, "The cost of new activities, less the cost of cancelled activities, cannot (shall not?) exceed 10% of the agreed amount."
Peer comment(s):
agree Mario Freitas :
2 hrs
Obrigado Mario
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Obrigado Vitor"
-1
7 mins

Verringerung des Arbeitsvolumens

..
Peer comment(s):
disagree Andrew Bramhall : Deutsch spielt hier leider keine Rolle;
1 hr
Something went wrong...
11 mins

easier works/less work voluime to do

How about:...

--------------------------------------------------
Note added at 12 minutos (2020-02-23 19:38:11 GMT)
--------------------------------------------------

Sorry! Must be: volume.
Something went wrong...
51 mins

reduced works / works not delivered / works not on schedule

Suggestions that could apply to both the price and the volume.
Something went wrong...
1 hr

Under-performance

..of work based on original projections ?
Peer comment(s):
neutral Mario Freitas : We interpreted this the same way. But Mark explained these were cancelled by the owner, not underperformed by the contractor.
2 hrs
Yes, thanks;
Something went wrong...
+1
3 hrs

(Error and) Omission Change Orders

Management and labor just called them "change orders" (for additional work and for errors and omissions). If the floor slab was not level there was a change order omitting the job of laying floor tile or to level the floor
Reference:

https://www.google.com.br/search?ei=j_pSXu_-NMbAsAXlyazIBw&q=%22Error+and+Omission+Change+Orders%22&oq=%22Error+and+Omission+Change+Orders%2

https://www.google.com.br/search?biw=1396&bih=657&ei=4_pSXtv_A4H4tAWw7qXIDQ&q=%22change+order+for+additional+work%22&oq=%22change+order+for+

Note from asker:
What do you mean by "management and labor"?
Peer comment(s):
agree Mario Freitas : Yes, per discussion
1 hr
Thanks, Mario
Something went wrong...
17 hrs

changes to contracted work

This covers both additional and less work, it's very common in Dutch contracts
Something went wrong...
19 hrs

scheduled but not executed works

Sugestão
Something went wrong...
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