Inconsistency between English Version and Translation of Contract
The English version of a government contract always prevails over any translated version in case of inconsistencies.
Overview
FAR 52.225-14 addresses situations where a government contract is translated into another language. The clause establishes that if there is any inconsistency or conflict between the English version of the contract and any translated version, the English language version will take precedence and control the interpretation of the contract terms. This ensures that all parties are bound by the English text, which is the official and legally enforceable version for U.S. government contracts.
Key Rules
- English Version Controls
- If there is a discrepancy between the English contract and any translation, the English version is authoritative.
- Applicability
- This clause is inserted as prescribed in FAR 25.1103(b), typically in contracts where translations may be provided or required.
Responsibilities
- Contracting Officers: Must include this clause in applicable contracts and ensure all parties are aware of its implications.
- Contractors: Must recognize that only the English version is legally binding and ensure that any translations do not override the English text.
- Agencies: Should provide guidance and oversight to ensure compliance with this requirement.
Practical Implications
- This clause exists to prevent legal disputes arising from translation errors or ambiguities.
- Contractors working internationally or with non-English-speaking partners must ensure that all parties understand that the English version governs.
- Common pitfalls include relying on unofficial translations or failing to clarify which version is controlling, which can lead to misunderstandings or contractual disputes.