Bye-Bye, “By”

Authored by Stefan M. Calos
Stefan M. Calos is a commercial real estate attorney who represents developers, lenders, governments, and economic development authorities in real estate transactions and business matters.

A colleague once told me that an internal assignment was due “by Monday.” Unable to get it done on a weekday, I knew I needed to complete it over the weekend. So, I did, only to find out that my colleague had intended for me to have all day Monday to get it in.

“Why didn’t you say so?” I asked, politely. “I did,” replied my colleague, explaining that everyone knows that “by” means “on or before” and “no later than.”

Not everyone, I thought.

Not the judge and jurors in that case I had where the opposing party was supposed to submit a contract document by a certain date, but did it on that date, and therefore lost the case.

Not Henry Campbell Black, of Black’s Law Dictionary fame, who wrote that “by” means “before a certain time.”

And not little Timmy’s parents, who ordered his big gift to be delivered “by Christmas.” Until it came on December 25 at 11:59 p.m., no one was merry.

Do your clients, your colleagues, and your little ones a favor: Purge “by” from your deadline lexicon.

If you have questions or comments, please let me know by Friday—that is, on or before, and no later than, Thursday.

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