英语翻译7.1.CERTIFICATE OF MERIT.The Owner shall make no claim f

英语翻译
7.1.CERTIFICATE OF MERIT.The Owner shall make no claim for professional malpractice,either directly or in a third party claim,against the Architect unless the Owner has first provided the Architect with a written certification executed by an independent design professional currently practicing in the same discipline as the Architect and licensed in the State of Texas.The certification shall:(a) contain the name and license number of the certifier; (b) specify the acts or omissions that the certifier contends is a violation of the standard of care expected of an Architect performing professional services under similar circumstances; and (c) state the basis for the certifier’s opinion that each such act or omission constitutes a violation of the standard of care.The certificate shall be provided to the Architect prior to the presentation of any claim or the institution of any arbitration or judicial proceeding against the Architect.
V.Conclusion
Construction projects are complex transactions which routinely include contractual allocation of various risks inherent in the project.To follow a successful risk allocation process,the A/E must identify the risks inherent in the project and negotiate them from the outset.The negotiations must lead to retention of risks by the A/E which are appropriate and affordable and to transfer of risks through indemnification and insurance provisions which are reasonable.It serves no purpose to force transfer provisions on another party which are so onerous that a court
will not enforce them or which the transferee cannot reasonably be expected absorb.The insurance requirements must be clear and consistent throughout the project and,finally,there must be measures in place which assure that the risks will be financed when the loss occurs.
To be efficient,useful and enforceable,contractual allocations of risk must be conspicuous in the contract,reasonable in light of the parties’ resources and control and clearly integrated with all contractual aspects of the project.

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7.1.CERTIFICATE OF MERIT.7.1 功过证书.The Owner shall make no claim for professional malpractice,either directly or in a third party claim,against the Architect unless the Owner has first provided the Architect with a written certification executed by an independent design professional currently practicing in the same discipline as the Architect and licensed in the State of Texas.除非业主已先向建筑师提供了由独立的设计专业人员签发的书面证明,这样的专业人员要是目前在与建筑师相同的行业实际工作,并且拥有得克萨斯州执照的,否则业主对建筑师将不提出职业过失的索赔,不管是直接的还是以第三方的索赔.The certification shall:(a) contain the name and license number of the certifier; (b) specify the acts or omissions that the certifier contends is a violation of the standard of care expected of an Architect performing professional services under similar circumstances; and (c) state the basis for the certifier’s opinion that each such act or omission constitutes a violation of the standard of care.The certificate shall be provided to the Architect prior to the presentation of any claim or the institution of any arbitration or judicial proceeding against the Architect.该书面证书应：（a）包含证明者的名字和许可证号码；（b）详细说明证明人争辩的行为或疏漏,是对建筑师在类似情况下进行专业服务预期所关心的标准的违反；（c）说明证明人观点的基础,该观点就是每一个这样的行为或疏漏都构成对关心的标准的违反.该证明应在提出任何索赔以前,或起诉任何仲裁,或针对建筑师的任何司法程序之前,提供给建筑师.
V.Conclusion
V．结论
Construction projects are complex transactions which routinely include contractual allocation of various risks inherent in the project.To follow a successful risk allocation process,the A/E must identify the risks inherent in the project and negotiate them from the outset.The negotiations must lead to retention of risks by the A/E which are appropriate and affordable and to transfer of risks through indemnification and insurance provisions which are reasonable.施工项目是复杂的事务,它们常常包括项目中固有的各种风险的合同性分配.要遵循一个成功的风险分配过程,建筑师/工程师（A/E）必须识别项目中固有的风险,从一开始就对这些风险进行谈判.这些谈判必须得出A/E适当的、有能力承担的风险自留责任,已及通过合理的赔偿和保险条款实现风险转移.It serves no purpose to force transfer provisions on another party which are so onerous that a court will not enforce them or which the transferee cannot reasonably be expected absorb.它不以将转移条款强加给另一方为目的,这样的条款负有这样的义务,即法院将不会强制他们,或者不能期望受让人能承受.The insurance requirements must be clear and consistent throughout the project and,finally,there must be measures in place which assure that the risks will be financed when the loss occurs.保险的要求必须明确和在整个项目过程中始终如一,而且最后必须有适当到位的措施,确保风险在损失发生时能筹到资金.
To be efficient,useful and enforceable,contractual allocations of risk must be conspicuous in the contract,reasonable in light of the parties’ resources and control and clearly integrated with all contractual aspects of the project.为了达到有效、有用和可实施,风险的合同性分配在合同中必须是醒目的,按照各方的资源和控制是合理的,而且与项目的所有合同方面都清楚地结合在一起.