Disputes with Completion Dates

Disputes with Completion Dates As mentioned in the introduction, disputes associated with completion dates often become complicated due to association with different legal concepts. To fully comprehend the research subject matter, it is important to give a brief overview of such principles, as detailed further below. Most commonly the Contractors obligations in respect of time for completion of the works are expressly defined [OV1]within the terms of contract, it is yet not uncommon for the extent of such obligations to be described less definitively. While the time for completion will be expressly defined as a fixed date or a fixed period and can be easily identified, it is also essential to for the contract to provide for the mechanism of establishing completion: e.g. commencement date where completion is determined by a fixed period. Where the time for completion is ill-defined to such extent that the contracting parties intentions cannot be established or are non-existent, then the law considers time to be at large [OV2]and implies a requirement to complete the works within reasonable time. The principle of reasonable time under English Law goes back to 19th century[1], where it was established that for if a delay is not attributed to causes within a partys control, nor such party acted negligently, it will be considered that obligations are duly fulfilled. Reasonableness cannot be given a strict definition and is assessed on a case-by-case basis, taking into consideration circumstances prevailing during the period of performance[2]. Some authors on the subject view that both ordinary (e.g. site access, government permits, resource availability, etc.) and extraordinary circumstances (e.g. strikes, client variations, etc) should be taken into consideration when establishing reasonable time[3]. Occasionally, some bespoke contracts may contain time is of the essence terms. In contractual context, it has stricter meaning than its everyday application: i.e. if something isnt done swiftly, it will be too late[OV4].[4] Inclusion of such terms in a contract significantly elevates the rights and obligations to the contract, whereby failure to meet the completion date will be treated as a fundamental breach of the contract[5]. While the contract may be found repudiated, the existence of a time is of the essence provision alone may not be sufficient and qualifying rules should be applied in such circumstances[6]. Another area of significant importance in establishing whether completion date has been adhered to, is the meaning of completion itself. Ordinary meaning of completion[OV5] requires fulfilment of all obligations, which when applied in the context of entire contracts[OV6], may result in harsh consequences. It is extremely rare for construction contracts to be considered in the same manner and courts will generally take a practical view as to what constitutes completion within construction industry[7]. To reflect that position, standard construction contracts have developed various definitions for use in the industry, such as: practical[8] or substantial[9] [OV7]completion, which irrespective of the words used to describe it, are intended to reflect the courts position as summarised by Judge Newey QC[OV8]:[10] In my opinion there is no room for completion as distinct to practical completion. Because a building can seldom if ever be built precisely as required by drawings and specification, the contract realistically refers to practical completion and not completion but they mean the same. Eminent legal writers on this subject[11] concur with this view: Usually it will mean bona fide completion free of known or patent defects so as to enable the owner to enter into occupation. The words practical or substantial in the English standard forms do no more than indicate that trivial defects not affecting beneficial occupancy will not prevent completion (the more so, of course, if the contract provides for a maintenance or defects liability period) [12] Irrespective of exact term used, completion can be summarised as a significant gateway, which signifies: the transfer of risk for the care of the works from the Contractor to the Employer repossession of the site by the Employer the start of the period during which the Contractor will be liable for defects in the works the end of the Contractors liability for late completion release of retention monies from the Employer to the Contractor the end of Contractors obligation to insure the works Understanding of the above has a clear importance in resolving any disputes arising out of delay, extension of time and other time related matters. In addition to an obligation to complete the works by a specific date or within a specific time period, most contracts make specific provision for the contractor to proceed with the work and make progress with due diligence. Understanding of this term may, in first instance, appear to have only a remote connection to the subject matter. However, as shown in the next chapters, it is of significant importance when it comes to establishing the contractors responsibility when the time of completion is set at large. The courts have held that the assessment of what constitutes diligence must be based on the surrounding circumstances of each case. For example, per Lord Justice Parker[13] what is due diligence and expedition depends, of course, on the object which is sought to be achieved, who went on to explain the relation between diligence and specific contract object, time scales, complexities, etc. Similarly, in the separate Court of Appeal case of West Faulkener Associates v London Borough of Newham (1994)[14] the court found that literal interpretation, commercial logic and common sense required the contractor to proceed both regularly and diligently.[15] In the absence of an explicit due diligence obligation within a contract, some authors consider that common law implies such a term on the grounds of business effic[OV9]acy[16]. [1] Lord Watson in Hick v Raymond and Reid [1893] AC 22 [2] British Steel Corporation v Cleveland Bridge and Engineering Co. Ltd [1984] 1 All ER [3] I.N.nDuncan- Wallace in Hudsons Bilding and EngineeringÂÂ   Contracts, 11th Edn., 1995, Sweet Maxwell Ltd, p.119 [4] Oxford Dictionary of English 2nd edn., 2008, Oxford University Press [5] Carr v J.A. Berriman Pty. Ltd. [1953] ALJ 273 High Court of Australia [6] United Scientific Holdings Ltd. v Burnley Council [1977] 2 WLR 806 [7] E.g. Emson Eastern Ltd v EME Developments Ltd [1991] 55BLR 114 [8] JCT [9] ICE [10] Emson Eastern Ltd v EME Developments Ltd [1991] 55BLR 114 [11] For example B. Eggleston in Liquidated Damages and Extensions of Time, 3rd edition, 2009,ÂÂ   Wiley-Blackwell, and I.N. Duncan-Wallace in Hudsons Building and Engineering Contracts, 11th edn., 1995, Sweet Maxwell Ltd. [12] I.N. Duncan-Wallace in Hudsons Building and Engineering Contracts, 11th edn., 1995, Sweet Maxwell Ltd. p1109 [13] Greater London Council v The Cleveland Bridge Engineering Co. Ltd [1986] 34 BLR 50 [14] West Faulkener Associates v London Borough of Newham [1994] 71 BLR 1 [15] B. Eggleston in Liquidated Damages and Extensions of Time, 3rd edition, 2009, Wiley-Blackwell, p 24 [16] I.N. Duncan-Wallace in Hudsons Building and Engineering Contracts, 11th edn., 1995, Sweet Maxwell Ltd., p1125 [OV1]Insert ref. to one of the standard contracts [OV2]Insert ref. [OV3]Could expand slightly to beef up [OV4]Check later ed. Of the dictionary. Also check single or double parentheses throughout [OV5]Insert ref [OV6]Ref. [OV7]Full ref. [OV8]Pp location [OV9]Link to the next chapter?

All too often children are labeled as slow or stupid; they are put :: Economics

All too often children are labeled as slow or stupid; they are put aside into special classes for the slower kids and looked down upon by the smarter kids. All too often children are labeled as slow or stupid; they are put aside into special classes for the slower kids and looked down upon by the smarter kids. Teachers and parents look at them in disappointment for the great potential they once saw in their child’s eyes has gone to waste. Many teens that now believe that their stupidity is a truth were once as young children, praised for their quick learning and brightness. There must be an explanation for this. The explanation for me along with many other kids is the learning disorder called dyslexia. I would like to give them a combination of the next to definitions. â€Å"A complex neurological condition, the symptoms may effect many areas of learning and function and may be described as a difficulty in reading, spelling and written language† (Reid 2), as defined by The British Dyslexia Association in 1997. This is a common definition of dyslexia. The other definition of dyslexia is â€Å" an inherited neurological difference, resulting in language, perception, processing, and attention concentration deference’s† (Dyslexia Research Institute 1). Dyslexia is a serious disorder that effects an â€Å"estimated 5 percent to 15 percent of children† (UniSci 1). This number is extremely high; yet many do not know the effects that dyslexia has on the learning process and the emotional development of children, or understands what dyslexia even is. It has been found through research that dyslexia is a disorder occurring in the brain. On the UniSci WebPages, it was stated that â€Å"an issue of the American Journal of Neuroradiology provided evidence that dyslexia is indeed a brain-based disorder† (1). Many tests and researches have been done to prove and also further the discovery of how the dyslexic brain works so that we may better understand it. Researchers at the University of Washington found that â€Å"dyslexics were using 4.6 times as much area of the brain or five times the brain area to do the same language task as the other kids who were not dyslexic† (UniSci 1). That translated means that â€Å"the dyslexic’s brain works much harder and uses much more energy than that of a normal person† (UniSci 1). Also, the researchers found that the â€Å"difference between the dyslexic person and a normal person relates to auditory language and not to nonlinguistic auditory function† (UniSci 1). This was shown through a study using six dyslexic boys and seven normal boys. â€Å"All of the boys were fitted with earphones and asked to perform four tasks while their

Irony In Nathan The Wise Essay

Nathan the Wise is a call for reexamination among those who consider themselves as having the monopoly on truth while the rest of the world are supposedly living their lives based on false creeds. The misunderstanding among peoples or nations is rooted in this perception. Gotthold Lessing’s play sought to highlight the innate prejudices of his characters’ religious affiliations and subsequently provided a pithy reminder in the form of an irony. â€Å"Ah! Indeed you do not know how closer I shall cling to you henceforth. We must, we will be friends. Despise my nation. We did not choose a nation for ourselves. Are we our nations? What’s a nation then? Were Jews and Christians such, e’er they were men? And have I found in thee one more, to whom It is enough to be a man? (Lessing)† This was Nathan’s response to The Templar on the latter’s perception of Jews. The irony is on the second to the last sentence which implores humanity to be humane or kind to others regardless of what one believed in. Lessing is contrasting people living their lives based on religions and men who are humane kind to their fellowmen. The irony is in our supposition that our beliefs save us, guide our conduct, and teach us to be human. Yet the same precepts tend to make us biased and often cruel to those outside our fold. Indeed everyone is certain that his belief is the truth among many â€Å"lies†. Sometimes it’s this self-righteousness that makes us unjust. A paradox as pointed out by Lessing. It is ironic that a play written more than two centuries still holds true today. IRONY IN TARTUFFE Moliere parodied religiosity through his play, Tartuffe. Moliere created a very witty play of witless characters-with the exception of the servant girl, Dorine and Cleante. The irreverence of the play could explain away its banning during its time. Hypocrisy is personified by Tartuffe as credulity is personified by Orgon. There are gems of literary passages in the play that demonstrate irony. One particular instance was the interjection of Dorine to Orgon who was convincing his surprised mother about Tartuffe’s masquerade. This passage in Act V, Scene V is worth considering: â€Å"You are quite wrong, you have no right to blame him; This action only proves his good intentions. Love for his neighbour makes his virtue perfect; And knowing money is a root of evil, In Christian charity, he’d take away Whatever things may hinder your salvation. † Orgon and his family are about to be evicted from their own home by the unscrupulous Tartuffe when this particular dialogue was uttered. He was already at a loss of how Tartuffe could have done this to him. The irrepressible Dorine could not resist jabbing him verbally. To be deprived of one’s property is to be given the chance to be eternally saved since the thing that causes sin is taken away from you. The person robbing you then is in fact doing you a favor and the robbery itself is a result of good intentions. This may be a tongue-in-cheek line but the irony is apparent in the situation where the quest for religiosity has led almost to Orgon’s total material depravity. IRONY IN THE PRINCESS OF CLEVES â€Å"If any other motives than honour and virtue were necessary to induce you to persist in that character you have hitherto worthily sustained; I would tell you, that a reverse of conduct will disturb my happiness in a better world. But should (which Heaven forbid! ) this heavy misfortune be inevitable, I shall welcome death with joy, since it prevents my being witness to your disgrace (Lafayette). † These last words in the deathbed of Madame de Chartres were part of a warning to her daughter of the pitfalls of falling in love while married. Rather than prevent the Princess of Cleves falling in love, it further arouses in her the need to experience what is romantic and for her which obviously she has not found from the Prince of Cleves. Aside from this irony of a warning prodding one to fall into the pit of forbidden love, Madame de Chartres or Madame Lafayette treated us with verbal irony in the last two sentences. She indicated that if the Princess will stray from the marriage path, she will be unhappy. Still she added she might be happy in death since it will prevent her from witnessing that which would bring disgrace to her daughter. This strong admonition is quite consistent with how society looks upon extramarital dalliances. The Princess was only guilty of mental infidelity. Ironically, it was not only her who suffered but her mother, who died of a broken heart, perhaps from a daughter who ignored her; husband, who died of jealousy; the Duc Nemours who suffered emotionally; and finally the Princess herself who entered a convent. The deathbed warning is ironically not helping the Princess. It destroyed everybody. Bibliography Lessing, G. E. (n. d. ). Nathan the Wise. Retrieved March 14, 2009, from PDF Books: www. pdfbooks. co. za Moliere, Jean-Baptiste Poquelin. The Project Gutenberg EBook Tartuffe. Project Gutenberg, October 26, 2008 (Posting Date). Lafayette, M. The Princess of Cleves. London: J. WILKIE, No. 71, St. PAUL’S.

Relocation Centers During World War II essays

Relocation Centers During World War II essays During 1942, the United States government placed over 100,000 persons of Japanese birth or ancestry from their homes on the Pacific coast to poorly constructed relocation centers. I agree with this statement fully, and for many reasons. During this time the United States were heavily involved in World War 2. Their prime enemy was the Japanese. Every person of Japanese birth or ancestry could, and should be considered dangerous. When the Americans removed the 110,000 Japanese Americans from their homes in 1942, they were only trying to be safe and protect the lives of others. This made the American people feel a lot safer during the time of war. Another reason why the United States had the right to do this was because all they were doing was taking them away to a different location. They were not killing them like Hitler was doing in Germany with the Jews; they were only removing them from the communities of the real Americans. Sure, the relocation centers were not the best of places, with their barbed wire and their constant patrolling of the grounds, but still no lives were being taken. When the Japanese first struck Pearl Harbor on December 7, 1941, the Americans were taken totally by surprise. This gave Americans a fear that the Japanese could strike at any time. So why couldn't the Japanese that actually lived in America strike suddenly? There was no way of saying no to that answer. Therefore, the Japanese Americans had to be taken care of, whether they had good intentions or not, the American government had to be safe. It was for the lives of the millions of Americans who lived on the Pacific coast that the Japanese were taken away and relocated. The actual relocation camps that the American government placed the Japanese in were actually not all that bad. The relocation centers were located in Utah, Wyoming, Arizona, and some other Western states. In the centers the Japanese were put to work but not f...

Work life balance Essay Example

Work life balance Essay Example Work life balance Essay Work life balance Essay Today people are engaged in many responsibilities and leisure activities for instance family life and education among others because they are more financially stable. This explains the disparity in the concept of work life balance as perceived by people for instance some require free time from work to do their personal activities for example shopping, laundering and family time. To others their employment should support their requirements to decrease their struggle while others demand stress free employments (Australian Bureau of Statistics 2001).Therefore, factoring this aspects work life balance can be defined as a balance that enables people to attain satisfaction in their multiple tasks in regards to working hours and working conditions. It should also be a two way concept benefiting both the employee and the employer whereby work life and personal life complement each other (Australian Bureau of Statistics 2001). However, the definition of work life balance as perceived by an in dividual is liable to change with time as people gain new responsibilities, commitments and personal interest. Work life balance in an organization is determined by work policies, organizational culture which includes the norms, values and beliefs stipulated in the regulations of the organization, management communication and employment relationship which includes respect and provision of employee’s rights and career advancement through training programs and promotion among others (HBR 2000).Employees perceive work life balance as provision of flexible working hours attained through job sharing and compression of working hours among others to enable them balance between the demands of their employment and those arising from their personal life (Baxter 2000). According to the employers work life balance should help them manage the organizational culture, performance of the organization and implementation of the organizations policies to enable them maintain a good employment r elationship, have the correct quantity and quality of workforce and increase the profit margin of the organization among others (Clavo 2000). Work life balance helps employers to improve the performance of the organization through the increased work output of employees which is done diligently and competently (Clavo 2000).Work life balance helps employees to develop a profound relationship with the organizations utilizing the resources availed to them maximally while still protecting them due to the provision of employee engagement opportunities. Therefore, the business becomes cost effective benefiting the employer even more. For instance in UK it is estimated that about  £3.7 billion and 80 million working days are lost by employers annually because of work stress thus increasing business overhead costs(HBR 2000). In UK for example companies like GlaxoSmithKline, IBM and Lloyd have greatly benefited from work life balance because their improved performance and development can be attributed to the implementation of this concept in the organizational culture (HBR 2000). Therefore, unions and government policies help to avert these conditions and promote implementation of work life balance in businesses (Clavo 2000).Moreover, work life balance has helped employers to meet customer’s demands by changing the flexible schedule of the organization to suit customer’s demands and employee’s needs. For example Bristol City Council extended its operation hours of public libraries to Sunday to meet all the demands of its customers (HBR 2000). Work life balance also presents an advantage to employers in that they are able improve their staffing strategies and thus obtain the best workforce. For instance considering the future of UK a higher percentage of the population will be old in the next ten years to come therefore a there will be an increased demand for young employees who are energetic, motivated and enthusiastic (HBR 2000). On the other han d these graduates will be seeking employment opportunities that are flexible because most will be having elderly people to take care of (HBR 2000).The government perceives work life balance as a tool of fulfilling and implementing their goals and objectives in regards to the improvement of the welfare of population and the economy of UK. Therefore the government, unions and the business culture have formulated policies, principles and regulations in an attempt of promoting the establishment of work life balance in business settings. For instance the European Union aims at increasing the employment opportunities to women to more than 60% by 2010 (HBR 2000).Demanding employments that increase working hours have negative impact on the relationship between families and individuals. Stress resulting from the overload of work is depicted by the communication that ensues within a family setting. Overworked employees also tend to be moody, aggressive and lack the motivation spirit which is replicated into the other family members. The long working hour’s affects the social aspect of the employees therefore cannot spend quality time with their family members such as involvement in leisure activities therefore it becomes difficult for employees to manage their time (Fallon 1997). This deteriorates their efforts and competence because they are always tired and fed up from the workload and stress. Therefore the policies and regulations stipulated by organizations, government and unions play a big part in ensuring work life balance is implemented into UK businesses. For example the government together with unions have established family-friendly employer contests to encourage employers to stimulate work life balance principles into their organizations culture and business plan (Fallon 1997).The relationship between parents and their children greatly drifts a part as parents spend most of their time working because many children demand attention from their parents. C ommunication between the parents and their children is also affected because they are not free with each other (Baxter 2000). The children lack opportunities to seek advice from their parents and in most cases drop them as their role models. In most cases most children became depresses as they perceive their parents to be ignoring and not loving them unconditionally especially when they miss out on important activities such as ceremonies, for example birthdays and important school activities like prize giving days. This explains the increased rate of youth behaviour discrepancy as they become violent, aggressive and indulge into activities such as drug abuse to gain the attention from their parents (Baxter 2000).Most parents end up quitting or losing their jobs in preference to their children. Furthermore the stress that these parents have due to working for long hours makes them to withdraw from their children by being less responsible and caring (Clavo 2000). The government has pl ayed their part by stipulating policies whose mandate demands the adherence of every employer. For instance the Australian government has formulated a fair work bill with the aim of helping employees to manage their time effectively to be financially stable and also spend time with their children. The bill also protects the welfare of the employers by ensuring the performance of the organizations is at its best capability through promotion of work life balance in businesses settings (Gornick ; Meyers 2001).Couple relationships are also not spared from the negative impact of working long hours. Conflicts results especially to couples that have family responsibilities as they seem to withdraw from their responsibilities. This is especially depicted in couples that have pre-school kids as they demand more responsibility, devotion and time from their parents (Galinsky et al. 2001). Stress nosedives their motivation due to increase of mood swing episodes which makes couples to withdraw f rom each other thus spend less time together. This explains the increased divorce cases in the UK courts. The number of couples that visit counsellors to solve problems between them because they are out of their control has also increased. Increase in marital tension and companionship has made many women opt being housewives to eliminate conflicts in their marital relationship (Galinsky et al. 2001).Couples that work for long hours have reduced their sexual pleasures and needs these makes the unaffected partner to result to irresponsible behaviour such as been unfaithful to their partners and alcoholism among others. Unions, government and business have implemented policies and regulations that campaign for the adherence of the employers towards the establishment of a perpetual employment relationship which reduces stress in the lives of employees thus improving the relationship that ensues between couples. Therefore chances of conflict build up are minimal and more time is created to them (Galinsky et al. 2001).The increased need for work life balance due to the increased number of single parents, women in employment, women returning to employment after child birth, divorce cases, juvenile discrepancies, responsibilities and higher demand of social life has improved employment relationships. However, the provision of statutory benefits such as family leave days has deteriorated. Therefore, businesses, the government and unions should aim at creating a balance between the two business principles to further improve business culture which results to the growth of the business and further satisfaction of employees.

Womens in the west Essay Example | Topics and Well Written Essays - 500 words

Womens in the west - Essay Example Women were not deprived of the chances to pursue their own innovations on tool making, food preservation, pottery, art and architecture. As the ancestral occupation was agriculture, major portion of their experiments was associated with the requirements of their daily life. For instance, as food preservation was their major concern, they initiated making earthen pots because they knew that earthen pots could withstand the higher temperatures needed to cook ground corn and beans. Moreover, women learned how to locate and mine the best types of clay for making pots, and they passed their knowledge on to their daughters too. They could develop the technique to temper clay by mixing the sand to broken pottery as it would prevent damage during firing. The result was highly fitting as they could produce beautiful pots that ensure storing and preserving seeds, cooking, and gathering water. Subsequently pottery emerged to be new occupation to certain segments of women and their families. Women’s achievements on pottery led them to rather broad architectural concerns like construction of shelters and walls using clay. The art was highly prevalent in the North American regions. The construction of walls revealed their awareness on the science because they used some specific techniques like applying clay, with each layer allowed to dry before the next coat was applied. By19th century ethnic groups like Hispanic, Indians, and Rio Grande had established their own accommodation. An array of factors including the Spanish language, Catholicism, technology and foods integrated them along with the women’s contributions to art and labor. For instance, the post World WarI decade brought hundreds of artists ,writer and visionaries, many from the East to Northern New MÃ ©xico to maintain a home; and the migration indeed was led by Anglo women who determined convention in mater of love, family, and occupation. Some of the

Improvement of solar thermal collector Research Proposal

Improvement of solar thermal collector - Research Proposal Example Once the best design dimensions are created, anywhere from two to ten prototypes will be built and tested. They will be tested under a variety of light conditions, trying to simulate a range of light beyond the normal expected use of solar panels. The hope would be that this design could, among other advantages, catch light that is more diffuse or at lower intensities, enabling a broader climactic range to employ the technology. There will also be stress testing of the prototypes to test for breaking scenarios and determine if durability is within acceptable parameters. Stress testing will include shaking, simulated geological turbulence, simulated barometric turbulence, falling, heavy weight to simulate snow and hail, and other tests. Parameters being tested for will include potential climactic range; efficiency; spectrums of light absorbed; durability under adverse weather conditions; durability under both normal and extreme circumstances; more compact size; and cost. Once initial testing is completed, flaws will be determined, simulation begun again, until the final working prototype is selected. A literature review shows that this project has promise. Cheshire Innovation uses Fresnel lenses in their solar desalination plants (Patent application Nos. 0511946.6, 0608208.5). McGrew's 1980 Patent No.