Financial management Case Study Example | Topics and Well Written Essays - 1500 words

Financial management - Case Study Example However, a ratio above 2 would mean that PQ is not investing excess assets. For best and optimal performance, a W/C ratio between 1.2 and 2.0 is sufficient. A debt ratio that is greater than 1 would indicate that Mr. Banks company owns more debts in comparison to assets. Similarly, if his company is capable of having a ratio that is less than 1, this indicates that PQ has more assets compared to debt. When the debt ratio is used in conjunction with other measures of financial health, Mr. Banks would find it easier to determine the risk level his company is to face in the near future. If PQ earned $20 million in revenue solely from producing widgets and was successful in incurring $10 million in COGS- related expense, the gross profit margin of Mr. Banks Company would be 50%. This shows that for every dollar that the PQ Company would earn on widgets, the company gets only $0.50 at the final stage. While considering the earning s of PQ, the entire picture of the company’s position is not clearly understood. If the company would amplify its earnings, it is not only that the company would benefit from it, but also the margin of the company would also be improved. For example, if Mr. Banks Company has costs that have risen at a rate greater than the sales, the result would be that the company would face lower profit margins. This would indicate to the company that costs are in dire need to be control in a better manner. Before converting his investments, Mr. Banks must consider several factors which effect PQ directly and indirectly. For the purpose of equity finance, PQ could become a corporate entity. This is mainly because this brings forward the easiest method for raising capital form several investors. These particularly include those investors which who are not interested in participating in the business actively. An example includes that it becomes far easier and risk free to convince 20

Defendant Ling’s Market Essay Example for Free

Defendant Ling’s Market Essay Facts: Kim was shopping for dinner at Ling’s Market, as Kim entered she slipped and fell due to the water accumulated on the floor (that the manager was aware of) because of the high winds and rain that blew into the Market each time the door was opened. Kim suffered a back injury as a result of the fall. Kim filed suit against Ling’s Market, the defendant, arguing that Lings performed a â€Å"tort of negligence† due to their absence of a warning about the wet floor, and disregard in the exercise of a â€Å"reasonable degree of care to protect business invitees. † Issue: To prove that the defendant, Ling’s should be liable for Kim’s injuries, the plaintiff, must prove that Lings did not in fact exercise a reasonable degree of care to protect Kim and warn her about the wet floor hazard due to the absence of a warning sign or cones, and committed a tort of negligence. Is the lack of a warning sign a tort of negligence, and should it be mandated that Lings is liable for Kim’s injuries suffered as a result of the fall? Decision: The plaintiff feels that the defendant, Ling’s Market, should in fact be liable for Kim’s injuries she suffered as a result of the fall, and a tort of negligence has been committed due to the lack of a reasonable degree of care to protect business invitees. Reasons: At www.barronstad.com it states that â€Å"A business owner is required to use due care to keep the premises presumably safe for customers, or at least to warn them of dangers that might arise from their use of the premises.† According to the author of the text, explains that a â€Å"tort of negligence occurs when someone suffers injury because of another’s failure to live up to the required duty of care.† The defendant, Lings, owed a duty of care to Kim and had breached said duty. As a result Kim suffered a legally recognizable injury. By not providing a caution sign of some sort, Lings did not adhere to the â€Å"duty of care†. The plaintiff argues that the lack in a caution sign or warning of the half inch of water standing on the floor, with the manager knowing about the danger, is in violation of Lings, duty of care. The manager knew the condition of the floor, which was a direct result of more than the mere tramping of many feet under the conditions of weather then existing. The plaintiff argues that the excess water standing on the floor (one half inch) was a foreseeable risk that the business operator (manager) was aware about and should have posted a warning about the danger. If the defendant had posted a caution about the inherent danger the plaintiff, Kim, would have been more liable to avoid the outcome (Kim’s back injury). Citations: http://www.barronstad.com/resources/resources_personal_injury http://www.lawteacher.net/tort-law/cases Miller/Jentz, 9th Ed. Text, Ch 4, pg 112-115.

Music Origin :: Art

Music Origin Introduction: For centuries people had dreamed of capturing the sounds and music from the environment. Many had attempted it but no one had succeeded until Thomas Alva Edison discovered a method of recording and playing back sound. What had started out as an apparatus intended as part of an improved telephone led to the development of an instrument which would change the world, making it a happier, even a better, place to live. Revolutions: (Case of Mp3 sharing software development) A revolution in the music industry has surfaced In 1999, Shawn Fanning, a Northeastern University undergraduate, wrote a small MP3-sharing software application known as Napster. Originally designed for the exchange of Fanning and friends' own recordings, Napster quickly became a conduit for mainstream MP3s, and an MP3-sharing community was built overnight as the beta version of the shareware program quickly caught on. New songs could be found and downloaded at the touch of a button. Entire albums could be exchanged in minutes for free. In addition, the natal Sagittarian Sun (self) in the company’s chart sextiles Mars (action) conjunct Neptune (illusion, lack of boundaries), producing the ability to do it all anywhere with complete anonymity. The Recording Industry Association of America contends that the service Napster provides is just a high-tech shortcut to music piracy. But in recent â€Å"friends of the court† briefs, the Computer and Communications Industry Association, which represents tech giants like AT&T, Yahoo and Oracle, said the courts need to reinterpret and revise some of the â€Å"overprotective† models for guarding intellectual property. Online business contributed much to the music industry as similar to the other traditional companies. It helped the business to grow globally and to reach out the customers all over the world. Easy access, news details, shipping to home, attractive prices, lots of choices made the music industry to boom in the early 1990’s. Music Vs Internet: The recorded music industry has capitulated. After years of effort and millions of dollars spent on lawyers in prosecuting music pirates, the big four record companies have joined the internet age. Legal, pay-per-track music sites are about to proliferate. Australia should have its first by Christmas. It is likely it will be a local version of the successful Apple iMusic Store, which operates only in North America. Locally, Telstra is working on a licensing deal with at least one record company. The future of music sites depends on forging complex regional licensing deals between the record companies, musicians and online vendors such as Apple, Real Networks' Rhapsody, Roxio (owners of Press Play and about-to-be legal Napster) and Microsoft's MSN.

Freedom of Speech, Freedom of Thought, Freedom of Pot -- essays resear

Freedom of Speech, Freedom of Thought, Freedom of Pot!   Ã‚  Ã‚  Ã‚  Ã‚  There is a war going on; it keeps thousands in pain every night, a war that if were to end, could save thousands of people’s lives. This is the war on marijuana. You could say that marijuana has a bad reputation in the eyes of many people, but in reality it is a drug which has the ability of saving lives and curing diseases in which have plagued us for too long. People need to be informed on the good that marijuana can bring not just to this country, but to the whole world.   Ã‚  Ã‚  Ã‚  Ã‚  Marijuana (cannabis sativa) is often referred to as pot, tea, grass, weed, hashish, maryjane, ganja, skunk, and there are many, many more depending on how it is used and/or where it is from. It can be sniffed, chewed, smoked, or added to foods or beverages, but most often is smoked by recreational users. Marijuana contains around sixty compounds called cannabanoids. The most psychoactive being delta-9-tetrahydracannabinol (Dudley 18). When marijuana is used, several things can happen to the user both physically and or mentally. Physical effects include: red eyes, dry mouth or throat, increase in heartbeat, tightness of chest (if smoked), drowsiness, unsteadiness, and muscular in-coordination. THC molecules can also distort part of the brains’ information-processing system, altering perception of time, while amplifying sounds and usual images (Dudley 18). This may not seem like something people would want legalized, but there are far more ways to use marijua na for good than for bad.   Ã‚  Ã‚  Ã‚  Ã‚  There are several interesting reasons why people fight for the legalization of marijuana, some people argue that if it was smoked as early as 2700 B.C. in China and India (Quick Facts 1) that it should be legal in all places. Or that since many of America’s greatest leaders and Founding Fathers (including George Washington) were hemp farmers (Quick Facts 1) that it would make the world a better place. Both of these general types of arguments have some reason in them, but the most valid arguments are probably to be about violence or medical reasons. After some thinking, the conclusion that any sick person who wants to use marijuana to help them self has to break the law (Dudley 39) can be made. This doesn’t seem fair at all, seeing as how people who are ill and whom mi... ...aws around them, and make everything in society for those people. The lowest incapable part of the species. And what about all the people that can handle all the good things in life without screwing everyone else over? Well they can suffer, they can be held back by our crap, because they’re not important. They can evolve at the same mind-numbing pace as the rest of us. So lets keep drugs illegal, cause some people can’t handle the responsibility. That’s the same principle they enforce in elementary school; one kid messes up and the rest suffer from his ignorance. In case you haven’t noticed, laws and regulations can’t hold back human curiosity. You can’t simply just stamp out those human urges with a law or two. You won’t succeed in preventing humans from being human.   Ã‚  Ã‚  Ã‚  Ã‚  Works Cited â€Å"Cancer Statistics.† American Cancer Society. Online. Internet. 01 February 2001. Dudley, William, et al., eds. Marijuana. California: Greenhaven Press, 1999. â€Å"Marijuana† Encyclopà ¦dia Britannica: Macropà ¦dia. 1999 ed. â€Å"Quick Facts About Pot.† Freepot.com. Online. Internet. 28 Jan 2001. Todd Austin Brenner, â€Å"The Legalization of Drugs: Why Prolong the Inevitable?† Vol. 18, 1989.

Marijuana: a Gateway to Self Destruction

There has been substantial research which provides information on how Marijuana is not addicting itself, but the way it sakes you feel can be the breaking point to trying other addictive drugs. Research shows, adults who are addicts admit their first time of use and first drug of choice was when they were an adolescent and smoked Marijuana. Until today, many argue for or against legalizing marijuana throughout the united States, and it is still a struggle for some to overcome. As of 2011, Marijuana became legal in 16 States in the united States (Anabas & Cohen, 2011).According to the Office of National Drug Control Policy (OWNED, Bibb there has been Increasing efforts to legalize marijuana which can cause marijuana to rope In price and Increase the use of the drug (OWNED, 2013); keeping It Illegal keeps the price of marijuana up keeping the use rates low. According to Carbon. Org, (Bibb marijuana can be purchased In almost any neighborhood In any city or state In the U. S. , thus con tributing to the pervasive nature of the drug. It is also considered a drug of convenience because it is easily concealed, both for transport and use.This is why it has become widely popular with adolescents or young adults who have a lot of authority figures involved in their lives. Most marijuana users or those with Arizona in their possession do not go to prison. According the OWNED, a survey by the Bureau objectifies Statistics showed that . 7 percent of all state inmates were imprisoned for marijuana possession only because they had pleaded down from a more serious crime (OWNED, 2013). By States legalizing medical marijuana, it makes marijuana more easily obtainable for teens and normalizes It making It seem okay to use.Between the ages of preteen and teens, any disruptions In normal brain development, including chemical disruptions and/or changes can make physiological and psychological changes that can last a lifetime. According to Anabas & Cohen (201 1), early-onset drug use is the single best predictor of future drug problems in an individual (P. 8. 13). Children, whom experiment with any drugs or alcohol, including marijuana, before the age of 12, are four to five times more likely to have major addiction problems than those who wait until after 18 years of age (P. . 13). Adolescents contain less body fat and water content than adults and have immature enzyme metabolism systems. They also â€Å"manifest the condition shortly after beginning use if genetically vulnerable to addiction,† (8. 13). Adolescents are more vulnerable to environmental stress and drug availability and had less time to develop life skills and healthy coping mechanisms (8. 13). Marijuana can have negative effects on the body and makes a person more susceptible to colds, flu, and other viral infections.ETC can lead to â€Å"enhanced growth of tumors, including those response. Marijuana smoking also damages the lungs and other respiratory tissue (Anabas & Cohen, 2011). The legalization of marijuana is making the drug easier to acquire and because of this more and more adolescence are using this drug. With he vulnerability of the young human brain the impact of marijuana can be extremely sever. Legalization is making the use of marijuana a social norm which is slowly leading users to try other drugs, causing marijuana to be a gateway drug.

How The Independent Publishing Magazine Can Increase Your Profits

How The Independent Publishing Magazine Can Increase Your Profits If youre an indie author, in addition to writing gripping prose, you are required to make difficult and costly business decisions in a rapidly changing, digital industry. Many authors find the myriad choices available to be utterly baffling. The Independent Publishing Magazine (TIPM), an online affiliated website, guides authors toward making smart choices through ratings and reviews of publishing services, and meaty trade news.Founded by Netherlands-based editor/journalist/author/publishing consultant Mick Rooney in 2007, the blog averages about one post per week, comprising a newsy and analytical resource for authors and small publishers who are developing a brand.Commended by Writers Digest 101 Best Websites for Writers, and Feedspots Top 100 Self Publishing Blogs and Websites for Independent Authors, among other fans, TIPM is listed among scores of websites that review publishing resources. It is unique, however, in featuring the originally researched and synthesized Publishing S ervice Index.The Publishing Service Index not only rates and reviews publishing services, it ranks companies over time, providing a picture of overall industry trends, and enabling the author to evaluate a company like a stock. Hey, you might as well hitch your fortune to a star! For instance, a trip through the archives shows the closure of CreateSpace was foreseen by TIPM analysis at least a couple of years ago. Armed with this knowledge, the savvy and efficient indie author might have opted to invest resources with Ingram Spark or Smashwords. (More about the Publishing Service Index later.)Photo by rawpixel on UnsplashA roadmap for accessing TIPM intelWriters new to self-publishing should immerse themselves in the New to Publishing articles under the Author Resources tab. A seven-part series entitled The Future of Publishing 2020 makes an excellent primer of industry dynamics. Rooney discusses the evolutions of traditional and self-publishing business models with an entertaining, insider voice. Guest posters provide step-by-step How-to articles and videos to quickly get the new indie author up to speed. Or progress more quickly with searches for key topics by using the red-boxed tags.After digesting the fundamentals, assess your own skill set before deciding what services you are going to need. How much of the publishing work do you want to take on yourself? Do you want to design your own cover, or prepare an entire book file for publication? Which jobs do you want to contract out? There is no right or wrong answer. There may be as many logical choices as there are writers.Its important to articulate your requirements and expectations, then match your needs with the best services and companies for the project. Some companies offer a whole gamut of services presented in packages. Others specialize in particular services from an a la carte menu.In addition, you can use TIPMs powerfully informative Publishers Service Index to identify the companies that will b est meet your objectives. Launched in June 2010, the Publishing Service Index is now released twice a year.Service providers such as Matador, Ingram Spark, Kindle Direct Publishing, Kobo Writing Life, and about eighty or ninety others are rated according to TIPMs proprietary algorithm. The formula considers both anecdotal author feedback and objective, weighted criteria, such as (not listed in any particular order):Volume of titlesYears in existenceFees chargedTIPM review ratingService rangeDistribution rangeCustomer support and transparencyThese factors produce an index rating, which determines each companys rank.Remember that the companies profiled offer differing services. So, to avoid comparing apples to pears, reviews focus on what a company claims it will do, and the extent to which it delivers the promised service to customers.Photo by Edho Pratama on UnsplashMore about The Publishing Service IndexThe Publishing Service Index is not presented as an exact science, nor is it ex haustive. There are hundreds of self-publishing service providers in the USA alone. But the Index is a powerful mass of information in one website. Check out the November 2018 Publishing Service Index.Results are ranked in a clickable table that links the author to detailed, in-depth reviews and updates for each publishing service listed. First, survey the Index to decide the kind(s) of service(s) that best fit your needs. Then drill into the individual reviews.Be sure to read or scan all the way down to the Comments section, where real live authors who have dealt with that company may flag a warning, or sing praises to other authors who are considering using the same service.Dont feel you need to choose a company listed in the top five. Some authors will find it optimal to use a combination of companies, particularly if you are publishing in both e-book and print formats. Just because a company and their services dont fit with your requirements, doesnt mean its a bad company. That said, the further down the Index your choice falls, as an author, the more likely you may be to find a company with mixed or negative feedback, and less flexibility.TIPM Editor-in-Chief Mick Rooney expounds on the November 2018 Publishing Service Index with this analysis:With CreateSpace shuttering and Amazon continuing with its longer-term strategy to merge and streamline its print and ebook platforms, I have dropped CreateSpace to the bottom of the index ahead of its imminent closure.The recent indices reflect something of a mini-resurgence for some of the top-rated Full-Service Providers. While IngramSpark maintains third position, Kindle Direct Publishing has now slipped to second, and Matador for the first time hits the top spot.I am finding it increasingly difficult to suggest a large and varied pool of reputable full publishing service providers to authors looking to go in that direction, particularly if an author wants both print and ebook editions of their book.We are movin g to a publishing landscape where authors need to take greater control in the management of their book projects, and that means looking to publishing marketplaces to connect with professionals, whether an author is looking for a book designer, a skilled book formatter, an editor, or marketing and promotional assistance.IPM Editor-in-Chief Mick RooneyIf thats the case, trustworthy reviews and ratings of a la carte publishing service providers remain essential.Beyond the publishing service indexAdditionally found within the site, robust articles, not promotional puff pieces, are catalogued under the headings of Self Publishing, Traditional Publishing, and Digital/Traditional Marketing. From News and Opinions, to Advice and Technology, Forums,TIPMs editorial scope thoroughly covers independent publishing, as well as its intersection with traditional publishing in the United States, the United Kingdom, and Western Europe.Going back to 2013, frank reporting covers innovations, and merger s and splits, from notable industry players down to startups that have already gone bust. Penguin imprints, Vantage, Kobo, Reedsy, prestigious awards to self-published authors, the London/Frankfurt Book Fairs, Blurb, Lulu, Nook, BookBaby, Bowker, Liberty Hill, Barnes Nobel, WattPad, BooksAMillion, Pronoun/Vook, Fast Pencil, Blurb, Troubadour, Unbound, Google Playbooks and PubSlush, are among many more subjects.You can read, for instance, the Author Solutions exposà © as events unfolded resulting in the first class-action lawsuit filed against Author Solutions in the summer of 2013, by several authors who charged the company with fraud. The Author Solutions model of gouging and exploiting authors (often new writers) was denounced in a second lawsuit alleging deceptive practices and the exploitation of seniors. The cases were dismissed in 2015.A rigorous education for authorsTIPM archives trace the exciting evolution of independent publishing and offer the website user a rigorous ed ucation. Authors turn to The Independent Publishing Magazine for extensive knowledge of all aspects of self-publishing, for consistency, and for passion on the part of its Editor-in-Chief.In the November 2018 Publishing Service Index, Mick Rooney stated:I rarely now review new companies in the full-service provider arena and even updating existing provider reviews takes a significant amount of time and effort. I continue to have a backlog of reviews that need updating or a complete rewrite. I appreciate that companies keep me up-to-date on their development plans, but if I am brutally honest (and you know I often am!), I dont see the innovation in publishing I experienced going back over the past five years. Also, bear in mind that TIPM is no longer a full-time occupation for me and Im very grateful to our many guest posters.IPM Editor-in-Chief Mick RooneyWith this admission, its fair to ask if TIPM will continue to provide the timely and critical decision-making information credite d with by this review, and that serious indie authors have come to rely upon. It is certainly feasible for the Magazine to continue with quality, efficient delivery of industry news on the strength of its guest posters, because we need a lot of perspectives to really see the field of indie publishing.As it stands today, the blog can have a huge, positive impact on your self-publishing success by serving as at least one guidepost to help you find the most fitting service, and saving you from falling into the hands of scammers and companies not keeping their promises.You worked hard to write that book. You deserve to profit from its sale. Transform yourself from a dreamy creative into a savvy indie publisher in the time it takes to thoroughly study The Independent Publishing Magazine and its archives.

Sequence of Tenses in Spanish

Sequence of Tenses in Spanish Spanish has two basic tenses of the subjunctive mood in everyday use, the present subjunctive, and the imperfect subjunctive. (Although a future subjunctive form exists, it generally isnt used in speech, its use being limited primarily to formal legal documents.) Fortunately, knowing which tense to use is fairly easy to remember. Verbs in the subjunctive mood are typically in a part of a sentence (a dependent clause) that begins with que, which follows a verb in the indicative mood. The tense of the subjunctive verb depends on the tense of the verb in the first part of the sentence, as indicated in the following list of sentence structures. Present indicative verb que present subjunctive verb.Preterite indicative verb que imperfect subjunctive verb.Imperfect indicative verb que imperfect subjunctive verb.Future indicative verb que present subjunctive verb.Conditional indicative verb que imperfect subjunctive verb. Distinctions in the above list are often referred to as the sequence of tenses. Although there are exceptions as well as instances where the subjunctive mood is used with other sentence structures, these rules take into account the vast majority of cases where the subjunctive mood is used. Here are examples of sentences using each of the above structures: Present Indicative/Present Subjunctive Recomiendo que no estudies cuando comas. I recommend that you dont study when you eat. ¿Es buena idea que duerma con mi bebà ©? Is it a good idea for me to sleep with my baby?Todo est listo para que inicie el foro. Everything is ready for the forum to begin. Preterite Indicative/Imperfect Subjunctive Intentà © que ellos me entendieran. I tried to get them to understand me.Nunca mereciste que te amara, hasta ahora. You never deserved for me to love you, until now.Era mejor que te ensuciaras las manos. It was better that you got your hands dirty. Imperfect Indicative/Imperfect Subjunctive Yo querà ­a que cantaran juntos. I wanted them to sing together.Estaba yo en casa y esperaba que lloviera. I was at home and hoping it would rain.No aparecà ­a que hubiera tomado alcohol o sustancias tà ³xicas. It didnt appear that she had taken alcohol or poisonous substances. Future Indicative/Present Subjunctive Negarà © que seas mi hijo. I will deny that you are my son.Si suspende el examen, dudarà © que estudie mucho. If he flunks the test, I will doubt he studies much.Esperars que llegue la hora del dormir. You will hope that bedtime will come. Conditional Indicative/Imperfect Subjunctive​​ Hay 10 cosas que las mujeres desearà ­an que los hombres supieran sobre el amor. There are 10 things that women would want men to know about love. ¿Quià ©n dudarà ­a que tuviera un puesto en el equipo cubano? Who would doubt that he had a position on the Cuban team?Nunca querrà ­a que le quitaran la medalla. I would never want them to take the medal from him.

Qantassaurus - Facts and Figures

Qantassaurus - Facts and Figures Name: Qantassaurus (Greek for Qantas lizard); pronounced KWAN-tah-SORE-us Habitat: Woodlands of Australia Historical Period: Early Cretaceous (115 million years ago) Size and Weight: About six feet long and 100 pounds Diet: Plants Distinguishing Characteristics: Small size; long legs; bipedal posture; round, blunt head with large eyes About Qantassaurus Like its close relative, the equally unpronounceable Leaellynasaura, Qantassaurus lived in Australia during a time (the early Cretaceous period) when that continent was much further south than it is today, meaning this dinosaur thrived in wintry conditions that would have killed most its kind. That explains the relatively slender size of Qantassaurusthere wouldnt have been enough vegetation in its harsh climate to supply a multi-ton herbivoreas well as its relatively large eyes, which it presumably needed to see clearly in the near-Antarctic dusk, and its longer-than-usual legs, with which it could outrun hungry predators. This ornithopod dinosaur was also distinguished by its unusually blunt face; Qantassaurus had slightly fewer teeth than its plant-eating cousins from further north. By the way, Qantassaurus, named after Australias Qantas Airlines, isnt the only prehistoric animal to pay homage to a multinational corporation; witness the ancient amphibian Fedexia, which was discovered near a Federal Express depot, as well as Atlascopcosaurus, which honors a manufacturer of mining equipment. (The husband-and-wife team that discovered Qantassaurus, Tim and Patricia Vickers-Rich, are known for bestowing unusual names on their dinosaurs; for example, Leaellynasaura was named after their daughter, and the bird mimic dinosaur Timimus after their son.)

Correlational research Paper Example | Topics and Well Written Essays - 750 words

Correlational - Research Paper Example The first step in the design will be to make an observation of a social event or situation. In this instance, such observation has already been made, the outcome of which has helped in determining the two variables to use. This is because of De Voss et. Al. (1982) indicated that when observations are made about issues that are unknown, unexplained or new, it helps in formulating problems from the observed issues. The problem that will be dealing with can, therefore, be said to be the impact of aptitude test on success in an algebra course. That is, if aptitude test correlates positively with success with algebra test, then it means students’ failure can be associated with low aptitude test outcomes.The second step in the design will be to formulate a hypothesis or a set of hypotheses that explain the observations. A hypothesis is a general claim made about the relationship between the variables before actual data collection begins (Meredith, Gall, and Borg, 2007). The hypothes is must, however, be approached in such a way that it can be tested as being either valid or not valid. Depending on the background research performed on the variables, it will be possible to easily formulate a hypothesis that can be validated. For this topic, a possible hypothesis is that there is no relationship between an aptitude test and success with algebra course.The third stage is one of the most important, where the researcher designs or formulates a plan to test the hypothesis that has been set.

Advertising Shapes Social Trends Research Paper

Advertising Shapes Social Trends - Research Paper Example The trends and the case studies on advertising and promotion showed that if the advertisement of a product or service has big impact, it generates more sales. Advertising is basically a communication process, which influences a person or a group of people to take decision on purchasing a product or service. Media Awareness Network states that the typical US citizen on average will see 3000 ads per day (Media Awareness, 2010). With such a high level of advertising around consumers every day, is it most likely that advertising shapes society. Since the number is high in terms of viewing the advertisements, now the question arises whether the advertising industry shapes and creates social trends or it just mirrors the pre-existing social trends. When one delves deep into the topic, it is witnessed that majority of the advertisements – whether it is print or digital – modern day advertisement shapes and creates social trends and not just follows the pre-existing social tren ds. It is important for the advertisement industry to play a big role in the well-being of the society when one debates whether advertisements shape the social trends in modern days. The messages and behaviours that the advertisers are trying to achieve also should revolve around the ethical issues of the society. Advertising is the vehicle through which the brand, product or service reach the target audience or consumers, sometimes by creating the demand of the product in the society (Edwards, Li & Lee, 2002). Some of the advertisements have certain self-benefits as well. II. Role of Advertising in Shaping Trends in the US a) Print Advertising It is a well-known fact that with the process of advertising, the companies create equity of brands and also in turn generates sale (Butters, 1977). The ultimate result of this is generating wealth. According to the data from the Fortune magazine, as per the World Bank in the year 2005, out of 150 largest economic entities in the world, only 55 are countries and 95 are large corporations. It is seen from the trends that the big corporations are always ready to spend billions of dollars in print advertising in order to bring behavioural change in the society – and they are doing that as well (Ambrus & Resinger, 2006). The intention of creating this behavioural change in the society through advertisement is to increase the market share of the product in the society. In other words, it can be said that print advertising makes more and more people to use their product or service. These advertisements offer the organizations the potential to alter the market. In some aspects, the advertisements also have the potential to alter various social norms and perceptions (Anderson, 2006). Though most of the western countries have banned the advertisement of tobacco, it is not necessary that there is complete shutdown in advertising tobacco products. In the modern day advertising, most of the cigarette companies spend a big am ount of their budget in advertising, which focuses on the exposure of the brand unconsciously to the broader audience (Bhat, Bevans & Sengupta, 2002). The Marlboro Man campaign was conceived by Leo Burnett and was run from 1954 on print media and as hoardings. The use of rugged cowboys to promote filtered cigarettes and replace the earlier feminine tagline of ‘Mild as May’ was an instant hit in the US. The trend of smoking increased manifold and people started smoking at a younger age. The Marlboro Man advertisements were a true trendsetter, which catapulted cigarette sales in the US and made Marlboro the number one cigarette brand by 1972 (Moellinger & Craig, 2001). The impact the print ad

Main differences between perfect competition and monopoly market Essay - 1

Main differences between perfect competition and monopoly market structures - Essay Example The sellers have the aim to provide the products and services as per the highest quality standards and at a minimum price as compared to the competitors. Since all the sellers have the same objective, it creates the scenario of perfect competition where the buyers have the highest bargaining power (McNulty, 1967). In a perfectly competitive market, it is very difficult to choose between the products and services sold in the market. The firms tend to maximize profits under the strict conditions of a perfectly competitive market where the buyers and the sellers are aware of all the information of the market. The barriers to entry and exit from the market is very less. The returns to the investments do not have large scope of enhancement in future (Marshall, 2006). The monopoly market structure resembles the form of market where a certain product or services is manufactured or supplied by a single firm. The monopoly market signifies minimal competition among the firms operating in the market. The buyers also have practically no options to avail substitute products and services. In a monopoly market structure, the business is the price setter and has the ability to charge high prices (Mankiw, 2011). The customers in a monopoly market has the lowest bargaining power as there is no availability of substitute products and services.The government encourage monopoly in certain sectors in order to provide economic benefits to the people by reduction of the market risk. The barriers to entry into the monopoly market is very high. In a monopoly market, it is observed that only one firm tends to dominate the market supply. The price discrimination is observed as characteristics of the monopoly market as the sellers vary the price of the products in comp arison to the quantity of the products (Hall and  Lieberman, 2009). In several jurisdiction, the monopoly form of market structure is prohibited in

Chemical engineering assignment Example | Topics and Well Written Essays - 250 words - 1

Chemical engineering - Assignment Example The radioactive waste emanating from the plants entails care, which is dangerous to humanity where its impacts do not die out quickly. Consequently, this waste necessitates approximately 10,000 years of care and containing where it will be now safe if released to the environment. Besides, the construction of the plant does not ensure 100% secure; thus, there must be a probability of failure evident in the process where small accidents in the plant yields to devastating results (Dopinath 1240). This does not affect the workforce only, but the neighboring inhabitance and extending to unprotected regions where the waves may leak and inhabit the place rendering it unproductive. For illustration, this is evident in Hiroshima and Chernobyl disaster regions where to date those effects are evident (Ferguson 153). There is a high probability that Nuclear energy’s knowhow can yield to grievous results once it dawns on to some states that are ruthless, and notorious for terrorism attacks. Nuclear energy’s option knowhow, no matter how esteemed currently it may be, eventually this cannot be a reliable remedy for energy regardless of the states that advocate it (Dopinath 1236). This is because its negative impacts are worse and long-term compared to the

Leadership evaluation of prior manager Essay Example | Topics and Well Written Essays - 2000 words

Leadership evaluation of prior manager - Essay Example Usually these kinds of leaders have high level of performances and low level of grievances as these leaders are more committed to achieving goals. Moreover, high task leaders are strong when it comes to technical skills and are good nurturers and planners. Another important trait that such leaders possess is the work allocation as proper defining and scheduling of work is done for workers to maximize productivity and later for doing assessment for workers. Similarly, high people leadership style focuses on building trust between manager and workers. This kind of leadership usually has strong personal traits and are committed towards making a bridge between manager and worker by creating or ensuring trust, delegating responsibilities to the workers, motivating employees by listening and fulfilling their needs. Philip Mayers, director of Make a Wish organization Australia, was asked to fill the assessment form for behavioral leadership. He scored 8 (in terms of odd numbers) which proved that he possessed high task leadership. Moreover, in terms of even number, Philip Mayers score was 7, which meant he had high people leadership style as well. It has been found that Mayers ensured that his employees were engaged with work full-time and were not doing any other activity during working hours. Similarly he does not waste time in knowing about employees during working hours and believes in setting goals and agenda during department meetings. He believes in punctuality and has a clear policy of briefing employees what needs to be done. However in case of conflicts in the organization, he personally gets involved and tries to come up with the solution to carry out work in a peaceful manner. Also he periodically tries to motivate his staff so that they can achieve goals easily. In terms of working habits, Mayers is reluctant in giving permission regarding problems that occur during work and the solutions of those problems. He believes in

Chemical engineering assignment Example | Topics and Well Written Essays - 250 words - 1

Chemical engineering - Assignment Example The radioactive waste emanating from the plants entails care, which is dangerous to humanity where its impacts do not die out quickly. Consequently, this waste necessitates approximately 10,000 years of care and containing where it will be now safe if released to the environment. Besides, the construction of the plant does not ensure 100% secure; thus, there must be a probability of failure evident in the process where small accidents in the plant yields to devastating results (Dopinath 1240). This does not affect the workforce only, but the neighboring inhabitance and extending to unprotected regions where the waves may leak and inhabit the place rendering it unproductive. For illustration, this is evident in Hiroshima and Chernobyl disaster regions where to date those effects are evident (Ferguson 153). There is a high probability that Nuclear energy’s knowhow can yield to grievous results once it dawns on to some states that are ruthless, and notorious for terrorism attacks. Nuclear energy’s option knowhow, no matter how esteemed currently it may be, eventually this cannot be a reliable remedy for energy regardless of the states that advocate it (Dopinath 1236). This is because its negative impacts are worse and long-term compared to the

Professional report about an issue pertaining Essay

Professional report about an issue pertaining - Essay Example However, business firms have often been witnessed to overlook the aspect of ethical being or their Corporate Social Responsibilities (CSR) while executing their organisational operations. For instance, marketers often make illusionary comments to persuade the customers, manufacturers often release harmful chemicals and elements in the open environment which affects the social and the eco-system of earth. The intention behind performing such unethical doings by organisations is mostly related to the realisation of huge profit in a short span of time. This not only harms the society at large but also has a strong effect on the company’s reputation and goodwill (Sharma, 2010). Subsequently, ethical performance is quite imperative in the case of an apparel company, especially when it is operating on multinational dais. It is because customer loyalty and their interest signify stimulated growth for the companies dealing with products similar to apparel. With this point of view, the paper shall intend to analyse the situation and identify the consequences most probable to occur in the near future. Conclusively, the paper shall also suggest certain preliminary measures to overcome the identified challenges. A Situational Analysis In managerial terms ‘Business Ethics’ is often referred to as an oxymoron, i.e. it brings two or more conflicting issues together in order to obtain an in-depth understanding to what is right and wrong for the business and the society as well. However, in the realistic practices the organisational leaders have over and over again been observed to rant the issue of business ethics as a mere management concept rather than one of the most significant and uncompromising issues (Crane & Matten, 2007). With this concern, few ethical issues related to the apparel company can be identified in their supply-chain arrangements. For instance, one of the major suppliers of the company has been recorded to continue performing unethical practices in its South African branch. The allegations recorded against the company were emitting harmful toxic effluents into river, dumping needles, razors, caustic soda and other detrimental ingredients in the local municipality dumps. As a result, child rag-pickers of the neighbourhood have complained about breathing troubles, visionary problems and skin diseases. With an overall perspective, it is seemed that the consequences of the ethical practices performed by the supplier cannot affect the organisational operations. But with an in-depth analysis, it is quite identifiable that the impact can directly influence the growth of the company. Moreover, it can also affect the entire apparel industry as it is associated with several other large companies. Hence, it is quite essential to adapt certain precautionary measures in order to eradicate the consequences. It is in this context, that organisations should pay equal attention to both the aspects of business practices and the cul tural expectations. To be mentioned, there are various initiatives undertaken by business firms in multiple regions. For example, 34 different nations have been recorded to join their hands in order to enforce the Foreign Corrupt

The traditional role for soldiers in Elizabethan times Essay Example for Free

The traditional role for soldiers in Elizabethan times Essay The traditional role for soldiers in Elizabethan times was as a hero, very brave and fighting for the country. Black characters were normally seen as slaves and not important people. I agree with the title that Shakespeare has inverted these roles in Othello. I am going to study the two characters Iago and Othello. Iago plays a soldier who hates Othello and causes a lot of trouble. Othello is a black General who thinks that Iago is his loyal friend. In Iago Shakespeare has turned the idea of soldiers being brave, heroic and fighting for ones country to a villain who only looking out himself and has no sense of loyalty. Othello is different to traditional Black roles because he is seen as a powerful soldier who is sophisticated and respected instead of savage and low in society. Iagos philosophy is contrary to how soldiers are expected to behave. He is not following Othello out of loyalty In following him, I follow but myself. This shows he is only following Othello for personal gain, whereas soldiers are expected to fight for country and leaders. This would have intrigued the audience and given them something new that they werent used to. Unlike the traditional image of black characters in Elizabethan plays Othello is portrayed as sophisticated and important. When he is accused of witchcraft and corrupting Desdemona by Brabantio he stays calm and controlled handling the situation in a civilized manner, convincing Brabantio that maybe it is not a bad marriage after all. When Othello is talking to Brabantio he recounts the times he has told him tales from his life of being taken by the insolent foe and sold to slavery; of my redemption thence and portance in my travellers history this shows us that he has been through a lot so is worldly and experienced. His redemption shows us he is not a pagan as Brabantio described him. This would fascinate the audience who normally saw black characters in a very different light, and would shock them to see a black person in such a place of power. The impression we get of Iago as he persuades Othello is that he is very manipulative and cunning. He thought out his plan, scheming, almost like he playing a game of chess as each part of his plan falls into place. Iago knows that Othello is a bit insecure in his position so he uses flattery to get his trust. My Lord you know I love you. This makes Othello feel more secure. The way that Iago uses the things he knows about people shows us he is the one in control making things happen, as if he is the puppet master and all the other characters are just his puppets. Iago twists the story of how Desdemona and Othello she did deceive her father marrying you to make Desdemona look bad and untrustworthy. The audience like Iago because he is the one in control who makes everything happen. Without him the play would seem duller. He charms us with his cleverness and the way he speaks to the audience also makes them feel more like his friend. Soldiers were meant to be seen as people who follow the order of command instead of being the ones in control; Iago is the opposite of this. As Iago persuades Othello our opinion of him disintegrates and he starts to fit the traditionally weak character black people were given. His language becomes fragmented and disjointed No, not much moved: I do not think but Desdemonas honest. Not keeping the control he seemed to have at the beginning of the play. We can see that Iago has significantly influenced Othello as Othello takes on Iagos animalistic language I had rather be a toad and misogynistic terms impudent strumpet. Not only has he lost his controlled measured tone he also get to the point where he losses physical control and goes into a trance or fit. Othello takes on the villainous aspect of the traditional black role by the way he treats Desdemona Desdemona My Lord Othello I am glad to see you mad Desdemona why sweet Othello? Othello Divel. This shows us his darker side, as he is unforgiving and harsh even when she is crying. At the end of the play when Othello realises that Iago has tricked him he does regain some of the nobility he had in the beginning of the play. His speech returns to the eloquent and structured way he talked before although he still uses the animalistic tones he picked up from Iago as he describes himself as a circumcised dog. He is still insecure about how people see him so he explains of one who loved not too wisely but too well romanticising the fact that he has killed his wife which makes the audience feel sorry for him. He feels remorse and kills himself which makes it seem like a more valiant death instead acting like the savage villains black roles were normally given. Iago is the only one left at the end of the play alive that knows the whole story and what went on. He retains control by swearing not to speak leaving the other characters not knowing exactly what went on giving us an enigmatic ending. This shows us how very strong willed he is, as he has not changed but instead suspends our impression of him. I agree that Shakespeare inverts the traditional roles given to soldiers and black characters but I dont think that it is as straightforward as that. At the beginning of the play Othello is not very much like traditional black characters but as the play progresses we see him start to fit into that role more although he does redeem himself somewhat in the end. Iago shows no redeeming qualities that a soldier should have and is only working for his best interests right up until the end of the play. When Shakespeare wrote the play what was he trying to say? What he shows in this play is that on the outside a black character who is the leader of a white soldier, but looking deeper, we see that it is still the white person in control using Othello, exploiting him and eventually making him lose his life. Even when the black person is given power the white person is the one in control and it all ends tragically. Maybe in a society in which black people were not given many opportunities he was trying to justify this fact. Or maybe Shakespeare was just being a playwright trying to pull in large audiences by writing about sex, violence, exotic black characters and unconventional soldiers.

Literature Review on Contractual Issues Arising Claims

Literature Review on Contractual Issues Arising Claims Avoiding construction claims and disputes requires understanding of the contractual terms, early no adversarial communication, and understanding of causes of claims.(Cheryl Semple, Francis T. Hartman, and George Jergeas) identify some of the critical element in construction contract, and investigates the causes of claims, categories of compensation of claims and contract clauses quoted in claims by studying high-rise apartment building and institutional buildings. Construction contract determines the basis for the relationship between the parties involved in it. A contract is a promise or agreement that the law will enforce. Construction contract are very often long, complex document, consequently, disagreement or disputes can arise regarding contractual obligations or expectations, when one party feels that the contractual obligations or expectations have not been meet and they fell that they deserve monetary and/or time compensation they may submit a claim. A claim is defined as an assertation to the right to remedy, relief or property (Canadian Law Directory) Currently construction industry in UAE has number of disputes arrives because of disputed in legal document and poor coordination in general and particular condition of contract. UAE is fast growing country in terms of construction and lots of competition for getting the project because of that contractors are bidding less and claiming more amounts. A client tries to reduce the over all cost of project and contractors tries to get more profit and result is disputes arise. Every claim submitted by the contractor puts presser on client and consequently it affect increasing property price. That is why construction claim are considered as the most unpleasant event in construction industry. Claims can be reduced by proper arrangement of scope of work in contract document. Contract is the document which explains all rolls and liabilities of the parties involved in it. For the purpose of study for analyzing contractual issues literature review is divided in two parts. First part will discus s on Contract law in general and particular terms used in formation of construction contract. Second chapter will discuss on Claims under FIDIC contract and previous research in claims. 1 Introduction to contract law 1.1 Legal systems A legal system, is a system for identifying factual situations where the state will impose sanctions on a person (criminal law), where one person can seek redress from another person (civil law), and where a person can challenge decisions of the state and public bodies, such as local authorities (administrative law)1. For example: If someone takes property belonging to another with the intention of permanently depriving them of that property, this is categorized by the criminal law as a crime (theft) for which the state can seek an order for imprisonment, a fine or both. The same conduct is categorized by the civil law as a tort (known as conversion) for which the person whose property is taken can seek an order requiring the person taking the property to return it, to pay compensation (damages), or both. If the property is taken by the state or a public body in wrongful exercise of a statutory or other power, the decision to do so can be challenged in administrative law by seeking a declaration that it is invalid and should be reconsidered. 1.2 Criminal, civil and administrative law The criminal law is principally concerned with the imposition of fines and imprisonment sought by the state against persons. The civil law is concerned with awarding compensation and making orders in favor of one person against another. Administrative law is principally concerned with making orders concerning the administrative actions of the state and public bodies. 1.3 Obtaining redress The usual means of obtaining redress is in a court of law. The criminal courts, primarily the Magistrates Courts and the Crown Court, are concerned with redress in respect of criminal matters .The civil courts, primarily the County Courts and the High Court, are concerned with redress regarding civil claims. In many countries, a separate court is established to deal with claims concerning the administrative actions of the state and public bodies, but this is not the case in everywhere, where administrative law matters are dealt with by the High Court. The courts are not the only means of obtaining redress in many civil matters. 1.4 The civil law of obligations Each of the principal divisions of law criminal law, civil law and administrative law contains numerous subdivisions. The subdivision that is relevant to this publication, and to the series of which it forms part, is that part of the civil law concerned with the law of obligations. 1.5 Obligations in contract and tort The law of obligations has, in turn, two parts: the law of contract and the law of torts. In the law of contract, a persons obligations are primarily founded on agreement and are, in general, owed only to the other party to the agreement, not to persons generally. Because obligations owed in contract are founded on agreement, they can be as prescriptive and detailed as the parties wish and their agreement requires. For example, agreed obligations can concern the development of an office block in accordance with detailed requirements, or the structuring of a long-term business relationship, such as a partnership. It would be impossible to regulate such relationships using only the law of torts, since obligations in tort are too generalized. In the law of torts, a persons obligations are primarily determined by general principles of law and are, ordinarily, owed to persons generally. Since obligations owed in tort are imposed as part of the general law, they are expressed in the form o f general standards of conduct. For example: the obligation to exercise reasonable skill and care so as not to cause injury or damage to others forms the basis of the tort of negligence; the obligation not to unreasonably interfere with a persons use or enjoyment of their land forms the basis of the tort of nuisance. Both parts of the law of obligations are significant for the construction industry. Work on a building project, such as the provision of consultant services, construction or materials, will ordinarily be carried out under a contract since this is the only way that obligations having the required definition and precision can be given legal force. But the work provided may, if defective, cause damage not only to the person with whom those obligations are agreed but to others, such as adjacent landowners, users and subsequent owners of the project. While the person or persons with whom the contract is made will, ordinarily, be able to seek redress in the law of contract, t hose who are not parties to that contract will have to seek redress in the law of torts. The law of contract is of fundamental importance for the construction industry because the contract is the principal vehicle for those working on a project to be engaged, their obligations are regulated and redress assessed if things go wrong. The law of torts has a subsidiary importance if things do go wrong. 1.6 Rights and obligations The law is often discussed in terms of obligations, there is, in general, for each obligation a corresponding right .Thus, an obligation not to unreasonably interfere with a persons use or enjoyment of land can be seen, from the perspective of a landowner, as a right to enjoy and use their land free from such unreasonable interference. An obligation to perform the terms of an agreement can be viewed from the other partys perspective as a right to have those obligations performed. In contract law, these rights and obligations are often referred to as the benefits and burdens of the contract. 1.7 Defining a contract There are various definitions that attempt to encapsulate the essential nature of a contract. The definition that is most readily understandable in a commercial context is that a contract is an agreement that gives rise to obligations, and corresponding rights, that the law will recognize and enforce. Since a contract is founded on agreement, the parties are free, within wide limits, to agree the obligations to which they wish to be bound. This is known as the doctrine of freedom of contract. It means, at any rate in a commercial context, that the parties to a contract will ordinarily be bound by the agreement they make, however inappropriate, one sided or even ruinous that agreement may turn out to be for one of them. The corollary of the doctrine of freedom of contract is that a person cannot be forced to contract. In a commercial context this means that, if terms cannot be agreed, either party to the negotiations can walk away, however inconvenient or costly, in terms of wasted time and money, this is for the other party. It may be possible to break off negotiations and walk away even if work has commenced in anticipation of a proposed contract. Once a contract is concluded, it binds the parties in law. If a party to a contract fails to comply with its obligations under the contract, the other can seek redress for that failure. This can be done, as appropriate, by enforcing a right to payment (a claim in debt), by seeking financial compensation for losses suffered as a result of the failure (a claim in damages for breach of contract) or, in certain circumstances where financial compensation does not provide adequate redress, by an order that the defaulting party perform its obligations (a claim for specific performance) or stop acting in breach of its obligations (an injunction). For example, if a consultant fails to perform services he or she has contracted to provide, the client can seek damages based on the additional cost of obtaining substitute performance from another consultant. If an employer fails to pay for work provided by a contractor, the contractor can recover that payment as a debt. If a person contracts to se ll land, such as an office or house, but refuses to complete the sale, the purchaser can seek an order that the land be conveyed to it. 1.8 Categories of contract The categories of contract is most relevant to the construction industry include the following. Contracts made by deed and simple contracts (the rest). Contracts entered into by deed do not require consideration; simple contracts do. For example, a promise of a gift will be contractually binding only if it is given by deed. Contracts made by deed also attract a longer limitation period (the period during which proceedings for redress must ordinarily commence) than simple contracts. The period is 12 years from breach for contracts made by deed, 6 years from breach for simple contracts. Contracts for estates or interests in land (such as a contract for the sale or lease of a house or office). Such contracts are governed by the Law of Property Acts and related legislation and by that branch of the law known as the law of real property. Most of such contracts are subject to the code for payment and dispute resolution provided for in that Act. Arbitration agreements (an agreement that provides that disputes will be determined by a private tribunal sitting as arbitrator, not by the court). Such agreements are subject to the detailed code set out in the Arbitration Act 1996. Consumer contracts (certain categories of contract, principally contracts for goods, for work and materials and for services where one of the parties is contracting for purposes that are outside the scope of its business, if any, and the other is contracting in the course of a business). Such contracts are subject to various statutory controls that may invalidate certain types of unfair or unreasonable terms imposed to the determent of the consumer. 1.9 The importance of contracts in the construction industry: Contract is only the forming agreements that are recognized as binding by the law of contract that the parties can regulate their rights and obligations in the knowledge that these rights and obligations can, if necessary, be enforced. Given the importance of contract law in structuring commercial relations, it is surprising that those procuring and providing work in the construction industry often deal inadequately with the formation of their contracts. This leads not only to uncertainties about what was agreed and when, but also to disputes about whether a binding agreement was concluded at all and whether legally enforceable obligations are created to provide work or to pay for it. Such disputes can arise during the work as well as after it is completed. 1.10 Contractual terms used in formation of contract The obligations that the parties accept when they conclude a contract are contained in its terms. The terms may be express or implied or, more usually, a combination of both. 1.10.1 Express terms Express terms are those that the parties expressly state when making their contract. Express terms may be written or oral. Oral terms may be evidenced in writing. * Written terms set out in documents forming the contract for example, where a client and builder execute a copy of a standard form building contract, such as a copy of the FIDIC condition of contract setting out all of the terms they have agreed, or where, as is often the case in a contract for the sale of goods, all of the terms are set out in a letter of offer, accepted by the purchaser orally or by conduct. * Written terms contained in documents referred to (incorporated by reference) in the exchange of communications forming the contract * Oral terms agreed at a meeting or over the telephone. It is preferable for oral terms to be recorded (evidenced) in writing so that there can be no dispute about what was said, for instance by making and circulating a note of what was agreed. But failure to do this will not affect the validity of such terms, unless the contract is of a type whose terms must be made or evidenced in writing. 1.10.2 Implied terms Implied terms are those that are included in a contract even if the parties do not expressly refer to them at the time the contract is concluded. * Contract terms are implied by law or by statute if the contract is of a type in which such terms are ordinarily implied and the implication of those terms is not contrary to the express terms of the contract. For example, terms are ordinarily implied by the Sale of Goods Acts into contracts for the sale of goods, and by the Supply of Goods and Services Acts and law into contracts for work and materials or for services. * Terms implied to reflect the parties presumed intention if, having regard to the words used in the contract and the circumstances at the time it was concluded, they are necessary to give business efficacy to the contract or are so obviously a part of the contract that both parties would, if asked at the time, have said that they go without saying. For example, a contract to use a wharf will be subject to an implied term that it is safe for the ship to lie at that wharf. But a term will not be implied on this basis if it is inconsistent with the express words of the contract. * Terms may be implied by custom where the custom is a certain and general incident of a particular trade or place, and the use of the term is well known, reasonable and not contrary to law or to the express words of the contract. * Contract terms implied by course of dealing where the parties have contracted on the same terms on a number of previous occasions and they make another contract of similar type without expressly referring to those terms. 1.10.3 Exemption clauses An exemption clause is a contract term by which one party, usually but not invariably the party proposing the terms of contract, seeks to avoid or exempt itself from what would otherwise be its obligations or liability under the contract (an exclusion clause), or seeks to restrict or limit its liability in some way (a limitation clause).An exemption clause can work indirectly by, for instance, restricting the enforcement of obligations under a contract, or by making enforcement unusually onerous. Exemption clauses are commonly found in standard terms of business. For example, a seller of goods may seek to limit its obligations by providing in its standard terms that they form the whole agreement of the parties, and no terms are to be implied at law. The purpose of such wording is to exclude the implied terms of quality and title that would otherwise apply to the contract. A consultant provides in its terms of appointment that any liability, whether for default under the contract or in negligence, is limited to a specific sum. The purpose of such a provision is to cap the consultants potential liability to its client. Because exemption clauses exclude or limit what would otherwise be a partys obligations or liabilities under a contract, they must be clearly incorporated and clearly worded if they are to be effective. There are also various statutory controls over the effectiveness of such provisions, and, in a few instances, criminal sanctions are imposed on those who seek to include such clauses in their contracts. 1.11 Most Commonly Used Types of contract in UAE construction industry There are various types of conditions of contracts used all over the world. Most commonly used conditions of contracts in the past are FIDIC in Middle East JCT NEC in United Kingdom. In United Kingdom mainly JCT NEC conditions of contract is in practice in various forms. The conditions of contracts are listing the legal structure to be refereed to in case of any dispute or ambiguity arises. It also establishes a common basis to both the contractor and the client in understanding each partys commitments and rights against the other party. Understanding the rights and obligations are important prior to the agreement of a contract between the parties. 1.12 Key contract clauses used in condition of contract 1.12.1 Audit This clause typically outlines an owners right to perform reviews (audits) of contractor costs or records. Such clauses ordinarily outline what costs or records are subject to audit, when and under what circumstances. In cost plus contract this clause is very useful to client to restrict the overall project cost 1.12.2 Changes This clause is critical. This is the clause that allows the owner to direct changes to the work, including plans, specifications, and time of performance, means, and methods. Absent a change clause, an owner is precluded from making changes to the work. Of particular importance in this clause is whether the clause allows the owner to unilaterally direct changes to the work (in which case, if the contractor refuses to comply with the directives, they are in breach of the contract). Alternatively, the clause requires the owner and the contractor to mutually agree on the change (a bilateral change). On the other hand if there has been any discrepancy in specification or drawing this clause will help contractually to change this discrepancy with required adjustments. However changes can result positive or negative variation in construction industry. 1.12.3 Contractor Responsibilities This clause lays out, in general form, the duties, obligations and responsibilities of the contractor in performance of the work. This clause assigns specific risks to the contractor, including customarily the risk of adequate labor and equipment to accomplish the work within the required timeframe, the obligation to perform work safely, to perform work in strict accordance with the terms and conditions of the plans and specifications, and to be responsible for the work of subcontractors and suppliers, etc. This clause is very important in construction for clients points of view. As such client investing a large amount of money in the project so because of this clause he will get relief and guaranty for the works which has to be executed. 1.12.4 Delays This is, ordinarily, a risk allocation clause with respect to delays in the work. â€Å"Excusable delay† under a contract results in time extensions but no time related damages. That is, a contractors performance time is extended because of excusable delay situation, but the contract is not entitled to collect time extension costs nor is the owner entitled to impose late completion damages for this time. â€Å"Compensable delay†, on the other hand, results in both a time extension as well a time excusable and compensable to the contractor while contractor caused delay is the responsibility of the contractor (to either make up the lost time or pay the contractually stipulate late completion damages). Third-party caused delay (sometimes referred to as force majeure delay) is, most often, excusable and no compensable to the contractor. 1.12.5 Differing Site Conditions or Changed Conditions This clause normally provides an equitable adjustment to the contract in the event the contractor encounters a materially different condition at the site during performance of the work. This is the clause which will give relief to the contractor when he will get differ in site condition e.g. Non stop rain for few month. Differing site conditions are unforcing events no one can predict these events. In this situation this clause is very important in construction industry to restrict unnecessary claims 1.12.6 Dispute Resolution This clause customarily sets forth the mechanism to resolve disputes during the performance of the work. Most dispute clauses contain some form of a stepped resolution system. For example, the clause may require on site negotiation between project managers, followed by an appeal to project executives, followed by 3 days of mediation, followed by binding arbitration under a formal set of rules. Often, the location (jurisdiction) of the disputes resolution will be set forth. In construction industry there are several methods of dispute resolution like negotiation, mediation, Conciliation natural evaluation, adjudication, arbitration, and litigation. However each of then having its own framework to resolve the dispute. These are the primary steps of resolving the the disputes on claims in construction industry. 1.12.7 Force Majeure Some contracts contain a force majeure clause or a clause dealing with delays to the work caused by unforeseeable events beyond the control of both the owner and the contractor. Such clauses often provide lists of examples of force majeure events acts of God, acts of the government, civil disorder, acts of war, adverse weather, fires, floods, strikes, etc. Other contracts provide for such events in the excusable delay clause. In construction to get the relief to the parties involved in the contract from the unforeseen event. This will help to gain loss or expense due to unforeseen event. 1.12.8 Governing Law The contracts involve parties from differing locations with subcontractors and suppliers from even more locations. Accordingly, contracts often specify which law applies to a dispute, regardless of where the dispute is handled. 1.12.9 Indemnification To indemnify another is to protect them against loss or damage either by paying for the loss or standing in their place in the event of legal dispute. An indemnification clause in a contract typically requires a contractor to indemnify the owner against all loss resulting from contractor errors, omissions, accidents, third party property damages in construction industry. 1.12.10 Insurance This clause requiring the owners and contractors to furnish multiple insurance policies prior to commencing work, among which are the following: builders risk/all risk; workmans compensation; automobile, aircraft, and/or marine liability; general liability; bodily injury; broad form property damage; completed operations; personal injury; etc. Generally in UAE construction industry Third party insurance and professional indemnity insurance are covered in the contract document. 1.12.11 Late Completion Damages This clause specifies the damages for late completion. In general terms, there are two types of late completion damages actual and liquidated. Actual damages are those damages an owner actually suffers when a contract is completed late and may include loss of revenue, increased engineering, architectural or inspection services, increased financing costs etc. Liquidated damages, on the other hand, is a pre-agreed upon amount the contractor will pay the owner in the event the project is completed late due to no excusable delay cause-that is, due solely to the contractors fault. Such damages are typically expressed in terms of a daily cost and need not be proven as actually incurred if the project is completed late. 1.12.12 Limitation of liability In order to cap (or limit) a contractors risk from late completion damages, performance penalties, etc., under a contract, many contracts contain a clause limiting maximum liability to a percentage of the value of the contract. However this clause is very important UAE construction industry. UAE is fast growing country and maximum contracts are on lump-sum basis. Contractors have to bear all risk involved in the construction. 1.12.13 Order of Precedence This clause intended to provide guidance to both the owner and the contractor in the event of conflicting provisions. Typically, specifications have precedence over general provisions, and so on and so forth. The legal concept is to provide guidance to people on projects in the event there are two or more conflicting provisions relating to a topic. In UAE construction industry most preferable contract is FIDIC and the order of precedence used is Contract document, ant amendment to contract document, drawing, specification and Bill of Quantity. However if any disputes arises the above mentioned order is used to settle the disputes in construction 1.12.14 Owner Responsibilities Similar to a contractor responsibility clause, an owner responsibility clause ordinarily sets forth the obligations of the project owner, including adequate project financing, all required and necessary permits, appropriate site access, etc. These are the responsibilities covered in the contract document to run the project without any disturbance from the client/owner side. These clauses bound the owner in contractual framework to take any action during the execution of works 1.12.15 Payments This is key contract clause in terms of project cash flow. This clause sets forth how often the contractor is to be paid, in what manner, and what are the conditions precedents to the issuance of payment. In construction it helps the contractor to manage the finance before the commencement of project. 1.12.16 Quantity Variations The contracts contain estimated quantities to be installed. In the event as-bid quantity estimates vary substantially (+/- 10 percent or more) many contracts (both unit price and lump sum) contain a quantity variation clause which allows either the owner or the contractor to request a predetermination of the as-bid unit price on affected portions of the work. 1.12.17 Schedules A schedule clause typically sets forth the requirement for contractor scheduled , including format (bar chart vs. CPM), level of detail, submittal requirements, frequency of schedule updating, damages for failure to submit, delay or time extension analysis requirement, actions to be taken in the events of forecasted late schedule, etc. 1.12.18 Suspension of Work This clause habitually allows a project owner to suspend or stop all or some of the work, with or without clause. Such clauses normally provide for some adjustment to the terms of the contract in such events, including a time extension and payment of delay costs. However, recovery of time and cost limited by the terms of contract. Often, if the actual clause of the suspension order is something for which the contractor is responsible (i.e., unsafe work conditions, work not in compliance with contract requirement, etc.) no recovery time or cost is allowed. This clause gives the owner choice to delete the some or whole part of work with legal manner 1.12.19 Termination Almost all contracts have a provision allowing the owner to end, in whole or in part, performance of the work prior to project completion. There are, typically, two types of termination; termination for convenience and termination for default. Termination for convenience usually occurs when a project owner decides, for their own reasons, not to complete the project as designed. Such situations might arise if the owners needs change, if project financing fails, or if the underlying project economics change substantially. In such a circumstance, the owner may elect to terminate the contractors performance for the convenience of the owner and pay off the contractor in accordance with the terms of the clause. Termination for default arises only when a contractor is found to be in material breach of the contract, has been provided with a cure notice form the owner outlining the material breach, and has failed to remedy the breach in a timely manner. Usually the owner will terminate the co ntractor from the project and call upon the contractors financial guarantees to complete the work (i.e., letter of credit or surety bond). Some contracts also provide a contractor the right to terminate their participation in a project. Under certain carefully proscribed circumstances (such as, failure to make payments, bankruptcy of the owner, suspension of the work for more than a defined period of time, etc.) the contractor is allowed to terminate their own involvement in the project. 1.12.20 Time of the Essence/Time of Performance- Timely project completion is normally important, most contracts contain a clause stating that â€Å"Time is of the essence of this contract. â€Å"Such a clause must be included to make enforceable a time of performance clause and collection of late completion damages. Absent such a clause, the time of project completion is considered unenforceable. The time of performance clause, typically expressed either in work or calendar days after issuance of notice to precede, sets froth when the work must be completed and the consequences of failure to meet these dates. 1.12.21 Warranty A warranty clause, which ordinarily continues in existence for some specified period of time after project completion, guarantees the contractors work after project acceptance. It is not uncommon for warranty clauses to require a warranty for 1 year after project completion, during which time, if any portion of the project fails, the contractor is obligated to return to the project and make it right or agree to some commercial settlement of the issue. 1.13 Strengths and Weaknesses of contract in construction industry Various advantages and disadvantages in the usage of contracts. The contracts are imposing a better control over the contractors and always state the penalties for non-compliance. Punishment used as a tool for guidance of the projects for timely completion and it is not working always successfully. 1.13.1 Strengths * Firmly laid down rules and regulations Rules and regulations are made up to follow the instruction in the same way contract provides rules and regulation for the parties. It provides instruction to the parties what should have to be done at each stage of the projects. Such as health and safety requirement in document for each construction project. * Pre agreed procedural commitments Contract includes the procedure which should have to follow by the parties involved in it. It provides what should be done by the parties in the initial stage of the proj Literature Review on Contractual Issues Arising Claims Literature Review on Contractual Issues Arising Claims Avoiding construction claims and disputes requires understanding of the contractual terms, early no adversarial communication, and understanding of causes of claims.(Cheryl Semple, Francis T. Hartman, and George Jergeas) identify some of the critical element in construction contract, and investigates the causes of claims, categories of compensation of claims and contract clauses quoted in claims by studying high-rise apartment building and institutional buildings. Construction contract determines the basis for the relationship between the parties involved in it. A contract is a promise or agreement that the law will enforce. Construction contract are very often long, complex document, consequently, disagreement or disputes can arise regarding contractual obligations or expectations, when one party feels that the contractual obligations or expectations have not been meet and they fell that they deserve monetary and/or time compensation they may submit a claim. A claim is defined as an assertation to the right to remedy, relief or property (Canadian Law Directory) Currently construction industry in UAE has number of disputes arrives because of disputed in legal document and poor coordination in general and particular condition of contract. UAE is fast growing country in terms of construction and lots of competition for getting the project because of that contractors are bidding less and claiming more amounts. A client tries to reduce the over all cost of project and contractors tries to get more profit and result is disputes arise. Every claim submitted by the contractor puts presser on client and consequently it affect increasing property price. That is why construction claim are considered as the most unpleasant event in construction industry. Claims can be reduced by proper arrangement of scope of work in contract document. Contract is the document which explains all rolls and liabilities of the parties involved in it. For the purpose of study for analyzing contractual issues literature review is divided in two parts. First part will discus s on Contract law in general and particular terms used in formation of construction contract. Second chapter will discuss on Claims under FIDIC contract and previous research in claims. 1 Introduction to contract law 1.1 Legal systems A legal system, is a system for identifying factual situations where the state will impose sanctions on a person (criminal law), where one person can seek redress from another person (civil law), and where a person can challenge decisions of the state and public bodies, such as local authorities (administrative law)1. For example: If someone takes property belonging to another with the intention of permanently depriving them of that property, this is categorized by the criminal law as a crime (theft) for which the state can seek an order for imprisonment, a fine or both. The same conduct is categorized by the civil law as a tort (known as conversion) for which the person whose property is taken can seek an order requiring the person taking the property to return it, to pay compensation (damages), or both. If the property is taken by the state or a public body in wrongful exercise of a statutory or other power, the decision to do so can be challenged in administrative law by seeking a declaration that it is invalid and should be reconsidered. 1.2 Criminal, civil and administrative law The criminal law is principally concerned with the imposition of fines and imprisonment sought by the state against persons. The civil law is concerned with awarding compensation and making orders in favor of one person against another. Administrative law is principally concerned with making orders concerning the administrative actions of the state and public bodies. 1.3 Obtaining redress The usual means of obtaining redress is in a court of law. The criminal courts, primarily the Magistrates Courts and the Crown Court, are concerned with redress in respect of criminal matters .The civil courts, primarily the County Courts and the High Court, are concerned with redress regarding civil claims. In many countries, a separate court is established to deal with claims concerning the administrative actions of the state and public bodies, but this is not the case in everywhere, where administrative law matters are dealt with by the High Court. The courts are not the only means of obtaining redress in many civil matters. 1.4 The civil law of obligations Each of the principal divisions of law criminal law, civil law and administrative law contains numerous subdivisions. The subdivision that is relevant to this publication, and to the series of which it forms part, is that part of the civil law concerned with the law of obligations. 1.5 Obligations in contract and tort The law of obligations has, in turn, two parts: the law of contract and the law of torts. In the law of contract, a persons obligations are primarily founded on agreement and are, in general, owed only to the other party to the agreement, not to persons generally. Because obligations owed in contract are founded on agreement, they can be as prescriptive and detailed as the parties wish and their agreement requires. For example, agreed obligations can concern the development of an office block in accordance with detailed requirements, or the structuring of a long-term business relationship, such as a partnership. It would be impossible to regulate such relationships using only the law of torts, since obligations in tort are too generalized. In the law of torts, a persons obligations are primarily determined by general principles of law and are, ordinarily, owed to persons generally. Since obligations owed in tort are imposed as part of the general law, they are expressed in the form o f general standards of conduct. For example: the obligation to exercise reasonable skill and care so as not to cause injury or damage to others forms the basis of the tort of negligence; the obligation not to unreasonably interfere with a persons use or enjoyment of their land forms the basis of the tort of nuisance. Both parts of the law of obligations are significant for the construction industry. Work on a building project, such as the provision of consultant services, construction or materials, will ordinarily be carried out under a contract since this is the only way that obligations having the required definition and precision can be given legal force. But the work provided may, if defective, cause damage not only to the person with whom those obligations are agreed but to others, such as adjacent landowners, users and subsequent owners of the project. While the person or persons with whom the contract is made will, ordinarily, be able to seek redress in the law of contract, t hose who are not parties to that contract will have to seek redress in the law of torts. The law of contract is of fundamental importance for the construction industry because the contract is the principal vehicle for those working on a project to be engaged, their obligations are regulated and redress assessed if things go wrong. The law of torts has a subsidiary importance if things do go wrong. 1.6 Rights and obligations The law is often discussed in terms of obligations, there is, in general, for each obligation a corresponding right .Thus, an obligation not to unreasonably interfere with a persons use or enjoyment of land can be seen, from the perspective of a landowner, as a right to enjoy and use their land free from such unreasonable interference. An obligation to perform the terms of an agreement can be viewed from the other partys perspective as a right to have those obligations performed. In contract law, these rights and obligations are often referred to as the benefits and burdens of the contract. 1.7 Defining a contract There are various definitions that attempt to encapsulate the essential nature of a contract. The definition that is most readily understandable in a commercial context is that a contract is an agreement that gives rise to obligations, and corresponding rights, that the law will recognize and enforce. Since a contract is founded on agreement, the parties are free, within wide limits, to agree the obligations to which they wish to be bound. This is known as the doctrine of freedom of contract. It means, at any rate in a commercial context, that the parties to a contract will ordinarily be bound by the agreement they make, however inappropriate, one sided or even ruinous that agreement may turn out to be for one of them. The corollary of the doctrine of freedom of contract is that a person cannot be forced to contract. In a commercial context this means that, if terms cannot be agreed, either party to the negotiations can walk away, however inconvenient or costly, in terms of wasted time and money, this is for the other party. It may be possible to break off negotiations and walk away even if work has commenced in anticipation of a proposed contract. Once a contract is concluded, it binds the parties in law. If a party to a contract fails to comply with its obligations under the contract, the other can seek redress for that failure. This can be done, as appropriate, by enforcing a right to payment (a claim in debt), by seeking financial compensation for losses suffered as a result of the failure (a claim in damages for breach of contract) or, in certain circumstances where financial compensation does not provide adequate redress, by an order that the defaulting party perform its obligations (a claim for specific performance) or stop acting in breach of its obligations (an injunction). For example, if a consultant fails to perform services he or she has contracted to provide, the client can seek damages based on the additional cost of obtaining substitute performance from another consultant. If an employer fails to pay for work provided by a contractor, the contractor can recover that payment as a debt. If a person contracts to se ll land, such as an office or house, but refuses to complete the sale, the purchaser can seek an order that the land be conveyed to it. 1.8 Categories of contract The categories of contract is most relevant to the construction industry include the following. Contracts made by deed and simple contracts (the rest). Contracts entered into by deed do not require consideration; simple contracts do. For example, a promise of a gift will be contractually binding only if it is given by deed. Contracts made by deed also attract a longer limitation period (the period during which proceedings for redress must ordinarily commence) than simple contracts. The period is 12 years from breach for contracts made by deed, 6 years from breach for simple contracts. Contracts for estates or interests in land (such as a contract for the sale or lease of a house or office). Such contracts are governed by the Law of Property Acts and related legislation and by that branch of the law known as the law of real property. Most of such contracts are subject to the code for payment and dispute resolution provided for in that Act. Arbitration agreements (an agreement that provides that disputes will be determined by a private tribunal sitting as arbitrator, not by the court). Such agreements are subject to the detailed code set out in the Arbitration Act 1996. Consumer contracts (certain categories of contract, principally contracts for goods, for work and materials and for services where one of the parties is contracting for purposes that are outside the scope of its business, if any, and the other is contracting in the course of a business). Such contracts are subject to various statutory controls that may invalidate certain types of unfair or unreasonable terms imposed to the determent of the consumer. 1.9 The importance of contracts in the construction industry: Contract is only the forming agreements that are recognized as binding by the law of contract that the parties can regulate their rights and obligations in the knowledge that these rights and obligations can, if necessary, be enforced. Given the importance of contract law in structuring commercial relations, it is surprising that those procuring and providing work in the construction industry often deal inadequately with the formation of their contracts. This leads not only to uncertainties about what was agreed and when, but also to disputes about whether a binding agreement was concluded at all and whether legally enforceable obligations are created to provide work or to pay for it. Such disputes can arise during the work as well as after it is completed. 1.10 Contractual terms used in formation of contract The obligations that the parties accept when they conclude a contract are contained in its terms. The terms may be express or implied or, more usually, a combination of both. 1.10.1 Express terms Express terms are those that the parties expressly state when making their contract. Express terms may be written or oral. Oral terms may be evidenced in writing. * Written terms set out in documents forming the contract for example, where a client and builder execute a copy of a standard form building contract, such as a copy of the FIDIC condition of contract setting out all of the terms they have agreed, or where, as is often the case in a contract for the sale of goods, all of the terms are set out in a letter of offer, accepted by the purchaser orally or by conduct. * Written terms contained in documents referred to (incorporated by reference) in the exchange of communications forming the contract * Oral terms agreed at a meeting or over the telephone. It is preferable for oral terms to be recorded (evidenced) in writing so that there can be no dispute about what was said, for instance by making and circulating a note of what was agreed. But failure to do this will not affect the validity of such terms, unless the contract is of a type whose terms must be made or evidenced in writing. 1.10.2 Implied terms Implied terms are those that are included in a contract even if the parties do not expressly refer to them at the time the contract is concluded. * Contract terms are implied by law or by statute if the contract is of a type in which such terms are ordinarily implied and the implication of those terms is not contrary to the express terms of the contract. For example, terms are ordinarily implied by the Sale of Goods Acts into contracts for the sale of goods, and by the Supply of Goods and Services Acts and law into contracts for work and materials or for services. * Terms implied to reflect the parties presumed intention if, having regard to the words used in the contract and the circumstances at the time it was concluded, they are necessary to give business efficacy to the contract or are so obviously a part of the contract that both parties would, if asked at the time, have said that they go without saying. For example, a contract to use a wharf will be subject to an implied term that it is safe for the ship to lie at that wharf. But a term will not be implied on this basis if it is inconsistent with the express words of the contract. * Terms may be implied by custom where the custom is a certain and general incident of a particular trade or place, and the use of the term is well known, reasonable and not contrary to law or to the express words of the contract. * Contract terms implied by course of dealing where the parties have contracted on the same terms on a number of previous occasions and they make another contract of similar type without expressly referring to those terms. 1.10.3 Exemption clauses An exemption clause is a contract term by which one party, usually but not invariably the party proposing the terms of contract, seeks to avoid or exempt itself from what would otherwise be its obligations or liability under the contract (an exclusion clause), or seeks to restrict or limit its liability in some way (a limitation clause).An exemption clause can work indirectly by, for instance, restricting the enforcement of obligations under a contract, or by making enforcement unusually onerous. Exemption clauses are commonly found in standard terms of business. For example, a seller of goods may seek to limit its obligations by providing in its standard terms that they form the whole agreement of the parties, and no terms are to be implied at law. The purpose of such wording is to exclude the implied terms of quality and title that would otherwise apply to the contract. A consultant provides in its terms of appointment that any liability, whether for default under the contract or in negligence, is limited to a specific sum. The purpose of such a provision is to cap the consultants potential liability to its client. Because exemption clauses exclude or limit what would otherwise be a partys obligations or liabilities under a contract, they must be clearly incorporated and clearly worded if they are to be effective. There are also various statutory controls over the effectiveness of such provisions, and, in a few instances, criminal sanctions are imposed on those who seek to include such clauses in their contracts. 1.11 Most Commonly Used Types of contract in UAE construction industry There are various types of conditions of contracts used all over the world. Most commonly used conditions of contracts in the past are FIDIC in Middle East JCT NEC in United Kingdom. In United Kingdom mainly JCT NEC conditions of contract is in practice in various forms. The conditions of contracts are listing the legal structure to be refereed to in case of any dispute or ambiguity arises. It also establishes a common basis to both the contractor and the client in understanding each partys commitments and rights against the other party. Understanding the rights and obligations are important prior to the agreement of a contract between the parties. 1.12 Key contract clauses used in condition of contract 1.12.1 Audit This clause typically outlines an owners right to perform reviews (audits) of contractor costs or records. Such clauses ordinarily outline what costs or records are subject to audit, when and under what circumstances. In cost plus contract this clause is very useful to client to restrict the overall project cost 1.12.2 Changes This clause is critical. This is the clause that allows the owner to direct changes to the work, including plans, specifications, and time of performance, means, and methods. Absent a change clause, an owner is precluded from making changes to the work. Of particular importance in this clause is whether the clause allows the owner to unilaterally direct changes to the work (in which case, if the contractor refuses to comply with the directives, they are in breach of the contract). Alternatively, the clause requires the owner and the contractor to mutually agree on the change (a bilateral change). On the other hand if there has been any discrepancy in specification or drawing this clause will help contractually to change this discrepancy with required adjustments. However changes can result positive or negative variation in construction industry. 1.12.3 Contractor Responsibilities This clause lays out, in general form, the duties, obligations and responsibilities of the contractor in performance of the work. This clause assigns specific risks to the contractor, including customarily the risk of adequate labor and equipment to accomplish the work within the required timeframe, the obligation to perform work safely, to perform work in strict accordance with the terms and conditions of the plans and specifications, and to be responsible for the work of subcontractors and suppliers, etc. This clause is very important in construction for clients points of view. As such client investing a large amount of money in the project so because of this clause he will get relief and guaranty for the works which has to be executed. 1.12.4 Delays This is, ordinarily, a risk allocation clause with respect to delays in the work. â€Å"Excusable delay† under a contract results in time extensions but no time related damages. That is, a contractors performance time is extended because of excusable delay situation, but the contract is not entitled to collect time extension costs nor is the owner entitled to impose late completion damages for this time. â€Å"Compensable delay†, on the other hand, results in both a time extension as well a time excusable and compensable to the contractor while contractor caused delay is the responsibility of the contractor (to either make up the lost time or pay the contractually stipulate late completion damages). Third-party caused delay (sometimes referred to as force majeure delay) is, most often, excusable and no compensable to the contractor. 1.12.5 Differing Site Conditions or Changed Conditions This clause normally provides an equitable adjustment to the contract in the event the contractor encounters a materially different condition at the site during performance of the work. This is the clause which will give relief to the contractor when he will get differ in site condition e.g. Non stop rain for few month. Differing site conditions are unforcing events no one can predict these events. In this situation this clause is very important in construction industry to restrict unnecessary claims 1.12.6 Dispute Resolution This clause customarily sets forth the mechanism to resolve disputes during the performance of the work. Most dispute clauses contain some form of a stepped resolution system. For example, the clause may require on site negotiation between project managers, followed by an appeal to project executives, followed by 3 days of mediation, followed by binding arbitration under a formal set of rules. Often, the location (jurisdiction) of the disputes resolution will be set forth. In construction industry there are several methods of dispute resolution like negotiation, mediation, Conciliation natural evaluation, adjudication, arbitration, and litigation. However each of then having its own framework to resolve the dispute. These are the primary steps of resolving the the disputes on claims in construction industry. 1.12.7 Force Majeure Some contracts contain a force majeure clause or a clause dealing with delays to the work caused by unforeseeable events beyond the control of both the owner and the contractor. Such clauses often provide lists of examples of force majeure events acts of God, acts of the government, civil disorder, acts of war, adverse weather, fires, floods, strikes, etc. Other contracts provide for such events in the excusable delay clause. In construction to get the relief to the parties involved in the contract from the unforeseen event. This will help to gain loss or expense due to unforeseen event. 1.12.8 Governing Law The contracts involve parties from differing locations with subcontractors and suppliers from even more locations. Accordingly, contracts often specify which law applies to a dispute, regardless of where the dispute is handled. 1.12.9 Indemnification To indemnify another is to protect them against loss or damage either by paying for the loss or standing in their place in the event of legal dispute. An indemnification clause in a contract typically requires a contractor to indemnify the owner against all loss resulting from contractor errors, omissions, accidents, third party property damages in construction industry. 1.12.10 Insurance This clause requiring the owners and contractors to furnish multiple insurance policies prior to commencing work, among which are the following: builders risk/all risk; workmans compensation; automobile, aircraft, and/or marine liability; general liability; bodily injury; broad form property damage; completed operations; personal injury; etc. Generally in UAE construction industry Third party insurance and professional indemnity insurance are covered in the contract document. 1.12.11 Late Completion Damages This clause specifies the damages for late completion. In general terms, there are two types of late completion damages actual and liquidated. Actual damages are those damages an owner actually suffers when a contract is completed late and may include loss of revenue, increased engineering, architectural or inspection services, increased financing costs etc. Liquidated damages, on the other hand, is a pre-agreed upon amount the contractor will pay the owner in the event the project is completed late due to no excusable delay cause-that is, due solely to the contractors fault. Such damages are typically expressed in terms of a daily cost and need not be proven as actually incurred if the project is completed late. 1.12.12 Limitation of liability In order to cap (or limit) a contractors risk from late completion damages, performance penalties, etc., under a contract, many contracts contain a clause limiting maximum liability to a percentage of the value of the contract. However this clause is very important UAE construction industry. UAE is fast growing country and maximum contracts are on lump-sum basis. Contractors have to bear all risk involved in the construction. 1.12.13 Order of Precedence This clause intended to provide guidance to both the owner and the contractor in the event of conflicting provisions. Typically, specifications have precedence over general provisions, and so on and so forth. The legal concept is to provide guidance to people on projects in the event there are two or more conflicting provisions relating to a topic. In UAE construction industry most preferable contract is FIDIC and the order of precedence used is Contract document, ant amendment to contract document, drawing, specification and Bill of Quantity. However if any disputes arises the above mentioned order is used to settle the disputes in construction 1.12.14 Owner Responsibilities Similar to a contractor responsibility clause, an owner responsibility clause ordinarily sets forth the obligations of the project owner, including adequate project financing, all required and necessary permits, appropriate site access, etc. These are the responsibilities covered in the contract document to run the project without any disturbance from the client/owner side. These clauses bound the owner in contractual framework to take any action during the execution of works 1.12.15 Payments This is key contract clause in terms of project cash flow. This clause sets forth how often the contractor is to be paid, in what manner, and what are the conditions precedents to the issuance of payment. In construction it helps the contractor to manage the finance before the commencement of project. 1.12.16 Quantity Variations The contracts contain estimated quantities to be installed. In the event as-bid quantity estimates vary substantially (+/- 10 percent or more) many contracts (both unit price and lump sum) contain a quantity variation clause which allows either the owner or the contractor to request a predetermination of the as-bid unit price on affected portions of the work. 1.12.17 Schedules A schedule clause typically sets forth the requirement for contractor scheduled , including format (bar chart vs. CPM), level of detail, submittal requirements, frequency of schedule updating, damages for failure to submit, delay or time extension analysis requirement, actions to be taken in the events of forecasted late schedule, etc. 1.12.18 Suspension of Work This clause habitually allows a project owner to suspend or stop all or some of the work, with or without clause. Such clauses normally provide for some adjustment to the terms of the contract in such events, including a time extension and payment of delay costs. However, recovery of time and cost limited by the terms of contract. Often, if the actual clause of the suspension order is something for which the contractor is responsible (i.e., unsafe work conditions, work not in compliance with contract requirement, etc.) no recovery time or cost is allowed. This clause gives the owner choice to delete the some or whole part of work with legal manner 1.12.19 Termination Almost all contracts have a provision allowing the owner to end, in whole or in part, performance of the work prior to project completion. There are, typically, two types of termination; termination for convenience and termination for default. Termination for convenience usually occurs when a project owner decides, for their own reasons, not to complete the project as designed. Such situations might arise if the owners needs change, if project financing fails, or if the underlying project economics change substantially. In such a circumstance, the owner may elect to terminate the contractors performance for the convenience of the owner and pay off the contractor in accordance with the terms of the clause. Termination for default arises only when a contractor is found to be in material breach of the contract, has been provided with a cure notice form the owner outlining the material breach, and has failed to remedy the breach in a timely manner. Usually the owner will terminate the co ntractor from the project and call upon the contractors financial guarantees to complete the work (i.e., letter of credit or surety bond). Some contracts also provide a contractor the right to terminate their participation in a project. Under certain carefully proscribed circumstances (such as, failure to make payments, bankruptcy of the owner, suspension of the work for more than a defined period of time, etc.) the contractor is allowed to terminate their own involvement in the project. 1.12.20 Time of the Essence/Time of Performance- Timely project completion is normally important, most contracts contain a clause stating that â€Å"Time is of the essence of this contract. â€Å"Such a clause must be included to make enforceable a time of performance clause and collection of late completion damages. Absent such a clause, the time of project completion is considered unenforceable. The time of performance clause, typically expressed either in work or calendar days after issuance of notice to precede, sets froth when the work must be completed and the consequences of failure to meet these dates. 1.12.21 Warranty A warranty clause, which ordinarily continues in existence for some specified period of time after project completion, guarantees the contractors work after project acceptance. It is not uncommon for warranty clauses to require a warranty for 1 year after project completion, during which time, if any portion of the project fails, the contractor is obligated to return to the project and make it right or agree to some commercial settlement of the issue. 1.13 Strengths and Weaknesses of contract in construction industry Various advantages and disadvantages in the usage of contracts. The contracts are imposing a better control over the contractors and always state the penalties for non-compliance. Punishment used as a tool for guidance of the projects for timely completion and it is not working always successfully. 1.13.1 Strengths * Firmly laid down rules and regulations Rules and regulations are made up to follow the instruction in the same way contract provides rules and regulation for the parties. It provides instruction to the parties what should have to be done at each stage of the projects. Such as health and safety requirement in document for each construction project. * Pre agreed procedural commitments Contract includes the procedure which should have to follow by the parties involved in it. It provides what should be done by the parties in the initial stage of the proj