Literature - Woman Authors an Example of the Topic Literature Essays by

Literature - Woman Authors Introduction: Folktales are the facts and incidents related to the lives of ordinary people but they carry profound meaning and provide the realistic assessment of their existence. The life of each individual is a folk-tale, something very special, whether you name it thus or not. In her story, Leslie Marmon Silko has provided unassailable facts and arguments as to how folktale is part of our present life and what is has in store for the future. Flannery O Connors takes on the nihilistic philosophy of life. How is myth employed in the criticism of a given social and cultural order? Can myth and fiction play a role in the transformation of the real world and what could be its impact on the day to day life of humankind? Need essay sample on "Literature - Woman Authors" topic? We will write a custom essay sample specifically for you Proceed Students Usually Tell EssayLab writers: Idon't want to write my paper. Because I don't have the time Specialists recommend: Follow Essaylab Writing Service Cheap Essay Help Professional Writers For Hire College Paper Writing Service Reviews Legitimate Essay Writing Services Arguments: The common theme in both stories is the impact they create in the minds of the readers as for the role of noble qualities and spirituality in the life of a human being. Many people hold destructive opinions without considering their full implications. Flannery O'Connor's "Good Country People" uses characterization, symbolism, and irony to warn people with a nihilistic philosophy of life that their beliefs will inevitably lead to ruin. In this story a young atheist woman is destroyed when she is brought face-to-face with the evil personification of her worldview.( www. literature...) The story deals with the interplay of pairs of opposites. Good and bad, proud and humble, integrity and corruption etc. Ones heart and mind do not always work in tandem. Intelligence and humility also need not go hand in hand. There is no limit to the storage capacity of a corrupt heart, as for the negative tendencies. It contains a variety of evils like pride, criminality, sexually demonic etc. and the net effect is, it becomes utterly corrupt. The main theme of the story is corruption related to the mind and heart. The two main characters of the story Ms. Hopwell and Mrs.Freeman see nothing but corruption in the minds and small and big actions of the people with whom they interact. The author creates a picture of the simple actions of the characters, as if they have no other business except to see evil and do evil. Eyes with the tainted glasses see everything tainted. The usage of bad slang, though in the wittiest manner, is not a fair action. Malice-coated words cannot deliver favorable results and are not conducive to emit positive vibrations. The bible salesman, in the story is the example of symbolism used by the author to highlight the quality and character of Manley Pointer. She creates such twist in the plot with telling effect, at the most unsuspected moment by the reader. The very mention of the word bible evokes genuine feelings as for the personality associated. You think that he is kind at heart and a devout Christian. He is the ideal country person. But in the later part of the story we find him to be the Satan in the guise as a saintly person. He just has the cross on the neck, but no Christ in the heart. Through her intelligent application of repeated paradigms, Flannery proves how the phrase, good country people is a misnomer. She touches the border of spirituality and grapples with issues like the inter-play of good and evil, and through her character she reveals how the never-ending tussle goes between corrupt hearts and pride of intellect. Her characters give the testimony that how the nihilistic philosophy of life will lead to utter ruin. Why is it not advisable to get caught in the web of evil actions which produce the most unwanted reactions? She achieves this effect through her character Hulga, a doctorate intellectual, who believes that there is no purpose in life. She has an artificial leg, and that is an integral symbol in the story. She is possessive, worried and sensitive about her leg, and she is the only one who has ever touched it. Otherwise she scorns and scoffs at everyone. The author describes through her characters how it is nice to be a good nihilist than a wicke d god-fearing man. What does nihilistic philosophy mean? --in a way, it is the materialistic view of life. What is true spiritual life needs proper explanation. Spiritualism as it is practiced, by majority of the people belonging to various societies, is no spirituality at all. The real spirituality transcends the borders of reason. Such a level is rightly explained by Silko and she suggests the existence of truths or forces that transcend culture and society. At that stage the mind-level differences lose their individual identity to merge in the stage of Collective Consciousness. It is the state of bliss. To sum up Yellow Women briefly--The woman narrator goes for a walk by the river where she meets a mysterious man, Silva, who seduces her. He tells her that he is a ka'tsina (kachina) spirit and calls her "Yellow Woman," invoking a character in stories that the narrator had heard from her grandfather. Although she doubts that he is really a ka'tsina spirit, the narrator feels compelled to go up the mountain with Silva and makes love with him repeatedly. Silva is involved in cattle rustli ng and possibly murder. Though eventually she leaves him and returns to her village, she is sad to be without him and hopes that he will again seek her out by the river.(Fajardo) Every spiritual principle must stand the test of practicability; in other words, that which is not practical, is not spiritual either. Both the stories deal with the issues of cultural and personal identities as reflected through the day to day disposition and maneuvers of people during small and big interactions. How it takes all kinds of people to make the world! Each individual tries to extract selfish gains wearing the mask of spirituality. They change colors like the chameleon. In institutions of faith like marriage, adultery creeps in; and desires outsmart duty. In pursuit of ones ignoble goals, how mean one becomes, destroys the personality and cherished ideals of the other. Both the stories are the mirrors of the life of that era, and they are the sources of cultural, political, economic and anthropological lives of the people. In both stories the sensory and bodily perceptions are handled evenly, appropriate to the relevance of the story. But in reality such events do happen in the present era as well, though they are reported in a different style. Conclusion: They say, theory is other mans experience. Myths of the past have much relevance to the life of humankind of today. The details may be different, but the essentials are the same. To explain this with a philosophical analogyhowsoever big may be the waves of the ocean; their essential nature is mere water! Each character in both the above stories, tries to find a logical justification for the type of life one is living and for several related actions. One doesnt seem to have regrets of any sort about them and never hesitates to take chances to fulfill ones desires and ulterior motives. References: Fajardo, Dr. Fidel: Article: Yellow Woman, Leslie Marmon Article: Flannery O'Connor. Good Country People. Nihilist Hypocrites. http://www.literature-study-online.com/essays/oconnor.html - 21k - Cached - Similar pages

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Essay Future Societies 2/26 Essay Future Societies 2/26 Ronald Schaffer’s America in the Great War gives new insights into World War I. The book gave historical accounts about the war that other books negated to included. The thesis that Schaffer tries to prove that the Great War was the start of the American welfare state and the beginning of â€Å"big† government. America in the Great War was structured in chronological order of the war, from America’s mobilization to the actual fighting. What the book did not include is a detail account of the fighting. This was the biggest draw back in a otherwise well thought book. The book begins with the mobilization of the United State’s industry and man power. The first two chapters dealt with how the Federal Government shaped the view of the war in America’s minds. The methods that the Federal Government used varied from propaganda to coercion. The point behind the Federal Government’s involvement in propaganda was to rally the country to fight the war. The first step in shaping the people’s mind was to get the labor and industry to work together. The Federal Government established committees and teams to persuade the minds of the United States. One of these committees were the Committee on Public Information established in April 13 1917 by order on the President of the United States. The committee was led by George Creel, former social reformer. He had great power in wha... ... middle of paper ... ...that it

Fate is responsible for the tragedy that occurs in Oedipus the king Essay

Fate is responsible for the tragedy that occurs in Oedipus the king - Essay Example The play â€Å"Oedipus the king† rotates around the life of Oedipus Rex, who in essence, according to fate was destined to kill his father Laios and sleep with his mother Jocasta. In this case, fate is responsible for generating the play’s theme, as the life and journey of Oedipus starts the instant that fate is stated. This fate comes from the oracle, Delphi, and it is made known through a blind prophet named Tiresias. The ultimate realization of this fate is at the time Oedipus is the ruler of Thebes. When Thebes is faced with calamities, and the gods are consulted, they state that Thebes’ calamites can only be solved if the murderer of king Laios is exiled from Thebes. In essence, exiling the murderer will surely reveal that the fate has occurred (Sophocles & Grene 34). As the play continues, Oedipus mother, Jocasta comes to learn of his son’s fate, and she does not want it to happen. Further, the tragedy is developed by Jocasta’s intention of reversing fate by getting rid of young Oedipus. She goes ahead and gives out Oedipus to a herdsman in Mount Kithairon. In the opinion of Jocasta, Oedipus’ fate is too hurtful, as she endeavors to evade the actual situation by giving away Oedipus with the hope that he will not kill his father and sleep with her. Jocasta is not aware that her actions are only buying time, and the eventful situation is bound to happen. Jocasta only creates a detour, which aids the stated fate to happen in a subliminal way (Sophocles & Grene 26). Another way in which fate is responsible for the tragedy in the play is the time that Oedipus comes to learn of his fate. Oedipus knowledge of the fate makes him to exile from Corinth, where he had adopted and lived. Because of his fate, Oedipus thinks that he will kill and sleep with Polybus and Merope respectively whom he thought was his real father and real mother.

The Industrial Revolution from 1820 to 1870 Essay

The Industrial Revolution from 1820 to 1870 - Essay Example Whereas the first revolution played a role in the invention, development and implementation of spinning and weaving machines for the textile industry, which use water power until the introduction of steam power, it was the second revolution that really changed American economy and society into a modern industrialized state. The process had begun in the 19th century. Growth in the 19th century was fuelled by many factors: plentiful resources, innovative technology, cheap and efficient energy, swift transportation and labor and capital which were readily available (Wikipedia 2007). In the west, forests, mines and cattle supplied the raw materials for key industries. The rapid expansion of railroads allowed businesses to transport raw materials to and from factories and move products to the cities where the bigger markets lay. Around this time too, a continual flow of European and Asian immigrants arrived in America to seek work. Many found work in the factories and mines. Advancements in technology shaped and improved production with the invention of the assembly line in a number of industries. This along with new machine tool industries which produced cutting, drilling and milling machineries, hastened manufacturing and production. A series of breakthrough inventions and discoveries such as the phonograph, electric light, telephone, typewriter, automobile and others opened up new industries. Businesses changed with the times and the corporate heads discovered how to conduct business and broaden their economic activities to encompass wider geographic territories and eventually global ones. This permitted businesses to expand and today's mega corporations are founded on business organization with their own theories and practices. From 1870 to 1900 the United States became the most industrialized nation in the world. In numerous sectors such as steel and timber production, mining of coal, iron, silver and gold, meatpacking and other industries, the US emerged as a leader. In general, the nation saw a huge upsurge in the pace and scale of industrialization which had altered businesses, commerce, the environment, job opportunities and daily life. With the development of industries around major cities, people moved from farms and the countryside to the cities for work. But agriculture was not neglected as advancements were made with agricultural machines. The established political and legal systems which the US had inherited from the British model, encouraged entrepreneurship and rewarded innovation and initiative. The nation was socially more mobile than any other, and receptive to change. Three important developments in the mid 1850s spurred the Second Industrial revolution in America. One, was the transportation system was developed and expanded. Two, electrification was successful exploited and put to use. Three, major progress was made to the industrial system such as improving the refining process and hastening production. The government passed a protective tariff to protect American manufacturers. There was a great demand in the railways, not only for transportation of goods but also to make it more durable. This led to development and production of cheap mass produced steel which during the time saw its use in many aspect of industrial activity. After steel, the industrialization took on to include chemical and electrical industries, petroleum refining and distribution and eventually

Nucleoside Analogue Research Paper Example | Topics and Well Written Essays - 750 words

Nucleoside Analogue - Research Paper Example Despite the remarkable success of this method, the use of lifelong HBIg for hepatitis B prophylaxis has its limitations. Among others are the high cost, limited supply and parental administration. The patient needs to frequently visit the clinic too and requires laboratory monitoring. Another problem with HBIg is it’s a blood product not readily advised by physicians. If a safer non-biological alternative existed, it would have been very easy for the patients. This particular study examined 61 patients that went under donor orthotopic liver transplantation (OLT). The study found that the HBIg cessation a 12 months minimum after the transplant with successive administration of nucleoside and nucleotide analog agent gives an effective prophylaxis against recurring HBV infection. Despite the success of the procedure concerns still persist when applying the same procedure to patients with chronic stable renal dysfunction. One recurrence case in the study seroconverted to HBsAg whi le being administered oral antivirals (to treat renal dysfunction). Hence renal dysfunction does represent a complication in applying this procedure. Renal toxicity is still a matter of concern regarding the long-term usage of oral antiviral drugs for preventing HBV. This study didn’t show any change in renal functional of patients however, the focus of the study was not the renal dysfunctional, studies with larger durations and follow up should be conducted to analyze this aspect comprehensively. Moreover this study doesn’t cover interaction between hepatitis delta, hepatitis C and pre-transplant hepatitis B viremia, for the risk of hepatitis B breakthrough on our protocol. Hence the oral antiviral procedure should better be performed on low risk patients. Liver transplant recipients are at a great risk of acquiring hepatitis B after liver transplantation. The transplantation performed is a preventive measure against the Hepatitis B Virus (HBV) related liver disease. This study by Saab et al. (2011) evaluates the effectiveness of the new hepatitis B prophylaxis, incorporating conversion from 12 months of HBIg along with lamivudine, to ‘combination therapy’. This was done using oral nucleotide and nucleoside analogue. During the research (between June 2008 and May 2010) 61 liver transplant recipients in total, were converted to a combination of a nucleotide and nucleoside analog. Standard deviation (or the mean) follow-up time after conversion was recorded at 15.0 (Â ±6.1) months. Recurring HBV befell in only two patients (3.3%) at 3.1 and 16.6 months when HBIg dosage was halted. The time incidence rate for HBV relapse after terminating the HBIg was calculated at around 2.7 cases per 100 person-years. HBV relapse was estimated at 1.7% at 1 year after terminating the HBIg. The HBIg termination 12 months minimum after the liver transplantation with succeeding ‘combination therapy’ with a nucleotide and nucleoside analog, gives effective prophylaxis to fight against recurring HBV infection. The clinical associations of HBsAg findings, short of the clinical, molecular or biochemical indicators of recurring hepatitis B, require further study. One limitation of the study was it did not include a control group. All eligible patients at the center were put to dual nucleoside and

What is globalisation?

What is globalisation? Introduction The emergence of globalisation in the nineteenth century has brought about a change in the world. It has resulted in the elimination and diminution of barriers between countries, in order to aid the flow of goods, services, capital and labour between these countries. There have been various debates surrounding the concept of globalisation. The opening of the markets have been said to be a way of enabling the developed countries maintain their position of supremacy over the developing and less developing countries by allowing their big multinational companies exploit the resources of these other countries and keep the profit. (Lewis 2007). In spite of this, globalization has created a lot of new opportunities and for many nations and has required them to develop partnerships and bonds throughout the world which has played an important role in the success of some nations. Aim In a speech given by Nelson Mandela at the British Museum in 2000, he said â€Å"If globalisation is to create real peace and stability across the world, it must be a process benefiting all. It must not allow the most economically and politically powerful countries to dominate and submerge the countries of the weaker and peripheral regions. It should not be allowed to drain the wealth of smaller countries towards the larger ones, or to increase inequality between richer and poorer regions.†Cited in Lewis (2007).  Ã‚   The aim of this essay is to examine the impact of globalisation on domestic construction companies, their projects and services in developing countries. What is Globalisation Diverse definitions have been given to globalisation, depending on the context in which it is being used. The world has suddenly become a global village, where boundaries are being removed and organisations are free to envisage, design, create, purchase and sell products in other countries making the world interconnected. According to (Govindarajan Gupta, 2000), globalization is defined as the increasing economic reliance that exists among countries as seen in rising traverse relationship with the flow of goods and services. Cope (1999) sees the process of globalisation as â€Å"having two inter-related dimensions: scope (or â€Å"stretching†) and intensity (or â€Å"deepening†). On the one hand, the concept of globalization defines a universal process or a set of processes which generate a multiplicity of linkages and interconnectedness which transcend the states and societies which make up the modern world system. On the other hand, globalisation also implies intensification in the levels of interaction, interconnectedness or inter-dependence between states and societies which constitute the modern world economy† The International Monetary Fund (IMF) defined globalisation, as rapid economic incorporation countries around the world by the movement of goods, services and capital across borders. In the design and construction industry, globalisation means two major things; improved competition and improved opportunity (Russell J.S, 2000). Globalisation affects every design and construction firm both domestic and foreign. Globalisation is needed in countries to improve the relationship between these countries and to improve the economic stability of these countries. Globalisation in the Construction Industry The influence of globalisation in the construction industry is beginning to emerge; this can be seen from both external and internal factors within the industry. There is an increasing need for organisations to develop new strategies and ways of getting things done, as global competition is growing. Different organisations small, large, domestic and international are all going to be affected by this new way of doing things.  Ã‚  Ã‚   According to Cheah et al (2005), globalisation is bringing about new prospects for the construction industry due to the deregulation of industries and privatization of traditionally state-owned entities needing new construction or an upgrade of existing facilities which has attracted new key players from abroad. Externally, the clients are globalising. In order to serve them better and generate repeated business, engineering and construction firms have to elevate their agendas to the international level. Fundamental changes have to be made to project management techniques in engineering and construction companies if they are too maintain their standards and are to be successful in the global market place in the 21st century. Customers will expect lower costs, shorter engineering and construction periods, lower costs, shorter engineering and construction periods, high-quality materials and equipment from manufacturers anywhere in the world and prompt attention to their needs. Kini (2000). The construction industry is an important part of the development industry within an economy, particularly in an era where the rate of u urbanisation and resources continue to reduce. The construction industry plays its role in any economy as it uses materials and resources, changes the environment and affects the lives of the people living in the society. International Construction and Globalisation in Developing Countries According to Ngowi et al (2005), International construction has been defined, as when a company which is based in one country executes work in another country. Most of these companies are from advanced countries and go to carry out work in newly industrialised countries and least developed countries. Through globalisation, many doors have been opened for international construction in developing countries. Developing countries require specialized contractors for new infrastructure and buildings which their domestic construction companies might be unable to handle or do not have enough experience in the construction of such buildings. There are various explanations why construction firms expand into international markets. Some of these reasons include inactive domestic markets, development of new markets, economical utilization of resources and the realization of new prospects brought by the global economy (Gunhan and Arditi 2005). In taking international construction into consideration, there is a need to understand the risks and threats it involves. International construction is much riskier than domestic construction. The different variables which affect the international environment are not part of the domestic markets and create risk for international construction that would never be encountered in domestic conditions (Gunhan and Arditi 2005). A critical review of international business failure was done by Gordon and Arnold (1988) and White (1990) cited in Han et al (2005 p. 284). Some reasons why international business fails were pointed out and they include the following: Failure to develop a business plan. Lack of commitment from top management in the early stages of the venture. Lack of attention to the development of strategic links in the international market place. Failure to recognize the demands of operating in a multi-cultural business environment. Failure to weigh foreign requirements with respect to their social, legal, political and governmental procedures. Construction companies therefore must set up strategies in order to compete in the international market. Gunhan and Arditi (2005) carried out a survey of executives in charge of international construction in the United States to determine the most important strengths a company must have in order fully expand their business into the international market. Track Record The past performance of any organisation hoping to diverge from the domestic market to the international market is necessary. A firm or an organisation with a good track record can easily enter the international market, due to their past experience in form of reference from all their previous works. An experienced firm has a ready solution or a cheaper solution to a technical problem since it might have come across a similar problem in the past and has found a solution for it. It has exhibited through previous performances that it has the organisational and technical experience to overcome technical challenges that may come up in the course of a construction project Quak, 1991 cited in Gunhan and Arditi (2005 p.275). Specialist Expertise For a company to succeed in the international arena there is a need for specialist expertise. This gives the company a higher advantage due to the fact they have knowledge in areas that few companies can compete with them. According to Quak, 1991 cited in Gunhan and Arditi, 2005 â€Å"specialists technologies enable smaller companies to carve a niche for themselves in the international market by competing for specialist subcontracts or as a desired consortium partner† The use of new technology would enable domestic companies find jobs in sectors where expertise in that technology is needed. Project management Capability International projects tend to be in complicated circumstances such as; multiple ownership, elaborate financial provisions and different political ideologies. These projects are more difficult to manage than domestic projects as the risk involves are often numerous and less predictable. Stallworthy and Kharbanda 1983, cited from Gunhan and Arditi, (2005 p.276) There is often the need for a project manager who can handle both the business and technical side of the project. This would give the project manager an advantage, because he will be able to solve problems in all areas of the project. Influence of Globalisation on Domestic Construction Companies in Developing Countries The concept of globalization was brought about by the need for free trade between developed and developing countries. The ideology behind this was setup by the World Trade Organisation (WTO), and this was formed from the 1986 Uruguay Agreement WTO, (2004) cited in Lewis (2007) which says that â€Å"the international trading system should be: without discrimination- a country should not discriminate between its trading partners (giving them equally ‘ most favoured-nation or MFN status); and it should not discriminate between its own and foreign products, services or nationals (giving them ‘nationals( giving them ‘national treatment); Freer- tariff and non-tariff barriers should be reduced (removed) through negotiation; Predictable foreign companies , investors and governments should be confident that trade barriers will not be raised arbitrary; market-opening commitments are ‘bound in the WTO; more competitive-‘ unfair practices such as export subsidies and dumping products at   below cost be discouraged; more beneficial for less developed countries-they should have more time to adjust, greater flexibility, and special privileges.† The purpose of this was to establish competitive markets for trade for all goods and services, including those acquired in the public sector. Globalisation has an effect on the following sectors of the domestic construction sector of the economy: Project Size The size of a project plays a major effect in selecting who the key contractors for that project are going to be. The larger the project size is, the more out of reach it is for consulting and contracting firms in developing countries. Large projects which could be broken down in to smaller projects are given as one, making it available to only large transnational companies that have the capability in terms of staff, equipments and labour to handle such projects. These projects could be broken down into smaller project such that it would be available for local firms as well as the large transnational companies. Market Access Market access, has to do with goods and services, this entails that the goods and services which are coming into any country must be treated in the same way regardless of where they are from. In the construction industry, this entitles all consultants and contractors who come from less developed countries or developing countries to have equal opportunities with large firms to the same projects in developed countries. This actually never happens. According to Lewis (2007), the large companies have higher advantage than the smaller ones; in terms of enormous physical, financial, technical and human resources that the small firms do not have the capability to have. The large firms also receive support from their home government in many areas which is not available to the smaller domestic companies from developing countries. Consequently, the local firms in developing countries tend to be doubtful about the opportunities globalisation holds for them in developed countries; this is due to the advantages the large firms have over them. Under Pricing The need for growth in developing countries has brought about an invasion of overseas contractors and consultants in to developing countries. This has a negative impact on the domestic construction companies. Lewis (2007) explains that these foreign contractors are keen to get into that region, that they may take strategic decisions to make a loss in the construction of that project just to make sure that they win the contract. The local firms do not have the available resources to compete with them on that basis and therefore loose the contract. Opportunities associated with International Construction for Domestic Companies in developing countries The emergence of the new global economy has brought about extraordinary opportunities for growth in developing countries. Hans et al (2005) explains that at national level, the amount of international construction plays a big role in the nations trade balance. They also balance the growth of their company to contribute to their security through increased global activities and so to reduce the effect of the cyclic nature of their work load. The different opportunities associated with international construction for domestic construction companies include: Increased long term profitability One of the main reasons for expanding from domestic to international construction is for the increase in the long term productivity of that company. The expansion of these companies takes place when their own domestic markets are not doing so well and there is a need to expand into other countries which offer profitable opportunities for the company. The economic state of affairs of the most important countries often affect the economic situations of many other nations and this effect actually takes a lot of time before it reaches these nations. Expanding into the international market therefore, is a good way to survive the setbacks in a country and increase the profitability of that company (Gunhan and Arditi 2005). Ability to maintain shareholders return The ability of the domestic company to maintain its shareholders return creates the need for the company to be involved in international construction. This could be very useful for the company, for instance in times of economic recession in a country there is another country in which profit is being made by that company (Gunhan and Arditi 2005). Ability to take advantage of globalization and openness of market Globalisation has given the domestic construction companies an advantage of having open markets which gives the companies a lot of benefits. This increases the competition for a project because now both domestic and foreign companies are allowed to bid for the project. Even though globalisation has increased the competition within the geographical borders of countries, it also allows access into markets which were previously inaccessible. There is a need for construction companies to recognise this change in the environment. Sillars and Kangari, 1997 cited in Gunhan and Arditi, (2005 p.279) Ability to take advantage of privatization programs in emerging economies In developing countries, the amount of capital needed to achieve the rate of market expansion needed and this is often dependent on the foreign investment available to sustain a privatization programme. Miller, 2000 cited in Gunhan and Arditi (2005). Privatization is being seen as a way of creating opportunities for construction companies to carry out projects in countries, this is for both local and foreign companies. Key areas a domestic construction company must focus on in globalization In this new era of globalisation and free market trade between nations, changes will have to be made in companies in order to keep up with the new way of doing things. The thinking process of these companies has to be changed in order to compete with other companies. The following areas need to be taking into consideration in order to be a highly successful global construction company: Organisation The organisational structure of accompany is important in achieving global excellence. There would be a need to set up a system in which work will be done faster and would meet the clients needs. Information technology systems According to Kini (2000), if there is no effective Information technology (IT) system in the company, they would only be global in their names. The information system of the company should have the capability to provide all the companys offices with real-time access to data should be designed with hard ware and software that go well together, and should use incorporated software which will provide the information to the managers when needed. This would enable accurate information to be gotten by the project manager at any time and allow fast access to the information when needed. Thinking globally There must be division of work among engineers so that the time frame of the work can be shortened and work will go on consecutively. There is a need for a variety of specialist for different areas of engineering in order to be able to review the impact of change on any area in the design. According to Kini (2000), when thinking globally, the followings things must be put into consideration to access some certain issue: Division of work: There is a need for the project manager to establish how the work is to be divided in terms of the customer requirement, the manpower and expertise needed. Subcontractors have to be selected before the design phase of the project for specialist needs of the project. Key suppliers: The key suppliers should be located within the area with low manufacturing costs and convenient transport connections. The relationship between the suppliers should be one of partnership for mutual benefit in the project. The construction plan:   The construction plan should be checked before the start of the design. The design schedule needs to be developed with reference to the construction sequence; this would be used as the source of coordinating the design at the various office locations and placing orders with suppliers. Worldwide suppliers There is a need for the use of worldwide suppliers in order to get the best price available. The utilization of the global market place would enable the company get lower rates for labour and raw materials. There would be need to ensure that theses suppliers meet the requirements of the company. The project manager would have a choice in the selection of the supplier to be used and the performance of this supplier can be monitored. Global construction The company must be familiar with local construction methods and materials used in that area. Due to the varying site conditions, the need might arise to import some materials. There is a need for the participation of the local engineering company in the project to advise the project team on the use of these local materials and also in the hiring of skilled craftsmen within the project. This is to ensure that the maximum satisfaction of the client is guaranteed when the project is completed. Quality The whole aim of going through the steps listed above is to ensure that the overall quality of the project meets the clients expectation. There is a need for all members of the project to be aware of the clients needs for the project, this would enable them know the kind of standards to be achieved in the project.   Conclusion Globalisation has brought about new opportunities for construction companies. Globalisation holds the greatest opportunity and risk for domestic construction companies. This is determined by the strategies implemented by the company in order to ensure that they are affected by the positive effects of globalisation. In the global economy, both the domestic and foreign companies have to face competition in other to be successful. There is a need for contractors to understand the risk associated with globalisation such as political, economical, cultural and legal project conditions; theses can affect the goals set by the firm when dealing with a strategic market. However, for those domestic companies who are willing to enter the international market, globalisation holds new prospects for them as long as they have identified most of the risks and put in place strategies on how these risks can be mitigated. Therefore globalisation must be embraced by both foreign and domestic companies so that they dont left behind. Bespoke Form of Contracts: A Scourge or Necessity? Bespoke Form of Contracts: A Scourge or Necessity? Chapter 1 Introduction Research Rationale The use of standard forms of contract, FIDIC Red book (Red Book Engineer/ employer designed Contractor executed) was introduced in the UAE during the late 80s and early 90s, more specifically on Dubai Municipality infrastructure projects by the Dubai Municipality, later been transformed to RTA in 2006. Ever since FIDIC based bespoke forms introduced in the UAE, it has been used extensively in the construction industry, the Red book based FIDIC forms are extensively used in different types varying from lump sum to re-measurement contracts by many large organizations. Every project is associated with risk and is inevitable and the impact is spread across the project. Whilst the intention to introduce a standard form of contract was to achieve a balance in terms of risk sharing between the parties, conversely at a later stage clients started amending the standard form of contracts to safe guard their interests. Many such bespoke versions did not achieve the intended purpose as it became one sided due to the alterations. The one sided contracts, in other words i.e. by drafting partial contracts to safe guard the employers risks and financial positions will have a tendency to impact the construction cost. If the risk is high, the cost increases proportionally (Mohamed Hartman, 2000, p 15) UAE as a country has high potential and growth compared to the neighboring Gulf countries in the recent years (2003 2008), which led to many fast track infrastructure and building projects, most of those are innovative, having ambitious aspirations to become international land marks, having the common feature of shorter durations. One of the main reasons for adopting fast track projects was to reduce the financial burdens (loans and repayment period) and to minimize the risk for escalation due to the construction boom in the region. Also in a raising market, the cost of the construction was proportional to the duration of the project as the contractors were including the risk for escalation in their bids. A few examples for such land mark projects with shorter duration captured the attention are Burj Khalifa tower, Dubai Metro, Palm Island and Dubai Mall. The multinational construction interface between the parties and culture stipulated the importance of using standard forms of construction contracts in the UAE, one of the main reasons to use standard forms of contracts are the familiarity among the parties, which has been used across many developments worldwide, even practiced at courts, assumed to be understood by parties, the risks are apportioned in a balance way and understood by even the stake holders, reduced legal and construction cost. As mentioned above, one of such standard form of contract, FIDIC 1987 4th edition red book was introduced by Dubai Municipality in early 90s with amendments to the original form (bespoke version is called as Dubai Municipality general conditions of Contract), later been followed by many public and private sector clients in UAE. Many such amendments in the creation of bespoke versions of FIDIC forms have defeated the intended purpose of achieving a balanced version of contract By the mid of 2006, many clients started using bespoke versions of new FIDIC i.e. FIDIC 99 Contracts, however there is a significant difference between these two forms (FIDIC 1999 FIDIC 1987) of contracts in many areas. Like any other place in the world, the competitions in the construction industry among the contractors are very high in UAE also. Many clients in the region, whilst using open or selective tendering (as they invite tenders from their own tender pool), before and after the current economic crisis, do have the habit of awarding the works to the lowest bidder. In order to overcome the competition in the market, the contractors at times started under quoting the works, were trying to recover through variation and claims at a later stage. This situation resulted in arguments and disputes due to the wrong interpretation of the forms of contract used by different parties, in addition, the unbalanced and void bespoke versions contributed much to these kinds of disputes. Many such disputes were revolving around the poor interpretation and understanding of the variations clauses, leading to claims and disputes on fast track projects. The intended purpose of this dissertation is to identify The essential clauses needed to administer a contract The importance of making right interpretations while using contracts An overview of the bespoke versions of contracts Research Methodology A detailed analysis of Variation clause in Nakheel Conditions of Contract ( bespoke FIDIC 1987) and the possible interpretations by various parties to the contract, briefly stating the difference between 1999 1987 based forms clauses that relates to variation and varied work clauses. Identify the potential difference between the two bespoke versions i.e. FIDIC 1999 1987 4th edition Nakheel Conditions of Contract on major clauses. A case study on a dispute from ALDARs Conditions of Contract (bespoke of FIDIC 1999) on variations while using the bespoke versions of contract Proposed study chapters The intended study focus on the meaning of construction contracts, their existence and the different forms of contracts. The literature review is covered in the first four Chapters, Chapter 2 covers the use of different forms of FIDIC contracts, including a brief history of their start in the UAE, Chapter 3 focus on the essential clauses needed for the administration of any forms of Construction contracts, Chapter 4 an analysis of Nakheels conditions of contract (bespoke FIDIC 1987 4th edition) variation clause, the possible interpretations by different parties to the Contract, Chapter 5 a comparison between Two bespoke forms of Nakheels Conditions of contract (FIDIC 99 and FIDIC 87 4th edition) on major clauses, Chapter 6 a survey to identify whether the employers achieved the intended purpose by using bespoke versions, Chapter 7 analysis of the data collected ,chapter 8 recommendation. An overview of the construction Contracts Construction contracts are generally classified as Oral (when the act will not apply) or written (if the other criteria are met, the act applies). The form of written contracts are again classified into i. A simple exchange of correspondences; ii. A tailor made written agreement; iii. A standard form such as JCT,Fidic etc; iv. Standard terms and conditions of the business. Contract in broader term is defined or expressed as conformity between two or more person i.e individuals, businesses, organizations or government agencies to carryout, or to abstain from doing things in exchange for something of value. Contracts can be oral or written, using formal or informal terms. If one party to the contract fails to live up to its part of the bargain, there shall be a breach and certain remedies for solving this is available. The expressions of the contract who, what, where, when, and how of the contract describe the binding promises of each party to the contract. In other words the significance of the agreement becomes important only when a breach occurs by the counterpart and it becomes necessary to protect the right of the other party (http://law.freeadvice.com/general_practice/contract_law/contract_agreement.htm) and the breach of contract is recognized by the common law and the remedies are available as well. On the other hand, the strongest contract, in terms of enforceability, shall have an offer, acceptance with considerations for the exchange, the terms of such an agreement shall be without ambiguity, and is signed by the parties to the contract who has the proper capacity to enter into the contract. Weaker contracts can be classified as verbal agreements or contracts agreed by parties in direct violation of state or federal laws of the country. There are several aspects related to valid contracts; in fact, an entire course in law school is often devoted to contract law (http://www.wisegeek.com/what-is-a-contract.htm). John Adriaanse (2007) quoting Lord Diplock who classified construction contract as â€Å" the sale of goods, work and labor for a lump sum price payable by installments as the goods are delivered and the work done. Decisions have to be made from time to time about such essential matters as the marking of variation orders, the expenditure of provisional and prime cost sums and the extension of time for carrying out the work under the contract†. He also stated that â€Å"a construction contract is best described as a complex web of competing interests†. At the same time Charles.S. Philip (1999) defining contracts as â€Å"binding agreement between two or more persons or parties construction contracts are defined as agreements, oral or written, executed between Clients and Contractors for construction / maintenance work done for compensation†. In another definition â€Å"we must understand that a construction contract is merely a set of criteria, or expectations, t hat bind the contracting parties† (Gilbreath, 1992) The basic elements of a contract are an offer, acceptance of the offer with considerations. This can even be described as concurrence of wills or ad idem or meeting of the minds of two or more parties (http://www.alway-associates.co.uk/legal-update/article.asp?id=165).Consideration, on the other hand, makes sure that e that something is exchanged. In certain situations, the law requires the consideration to be adequate, which is, a relatively reasonable price, or ostensible, where even a Dirham will do. Contracts may or may not be enforceable by law. The good example is; the agreement between the parent and child cannot be enforceable by law whereas the agreement for a loan probably enforceable by law. On the other hand whether a contract is enforceable by law or not depends on many factors, the primary and most important factor being whether the parties to contract anticipated / intended the contract to be legally enforceable or not. Most of the construction contracts are bilateral contracts, some cases the unilateral contracts becomes bilateral with considerations. Contracts can be bilateral or unilateral. In a bilateral contract, each part makes promise or promises to the other party. A good example is while selling a home, the buyer promises to pay the seller AED 1 Million in return the seller agree / promise to deliver the title of such property. Where as in a unilateral contract only one party to the contract make the promise. A good example is the reward contract. X promise to pay a reward to Y if Y find Xs stolen car. Here Y is not obliged to find Xs stolen car, but X is obliged to pay the reward to Y only if Y finds Xs car. The consideration for the agreement is Ys trust on Xs promise or Y giving up his legal right to anything he wanted at the time he was in the process of finding of the car. Here, conditions precedent to Xs obligation to pay is the finding of the car, although this is not a legal condition precedent as technically no binding contract has arisen until the time car is found (because Y hasnt agreed / accepted Xs offer until he find the car, referring back to the basis of contract as it requires offer, acceptance and considerations), the terminology â€Å"condition precedent† is used in contract law to establish a condition of promise in an agreement. For example, If Y has promised to X to find the car, and X has promised to pay Y when the car was found, Xs offer has been considered as a condition attached to it, and an offer and acceptance have been occurred. This is an incident in which a condition precedent attached to a bilateral contract. In the construction industry, the significance of having a balanced contract agreement has become essential to avoid disputes and to facilitate a smooth administration during the construction period. According to Lord Lathams report 1994, â€Å"constructing the team†, construction is a very unique process, the construction industry is different than the manufacturing and other industries, each project is unique with its nature and conditions, having heterogeneous conditions and situations, however definition of Latham for contracts not limited here, but include the design activities, advise and other legislations (Adriaanse 2007) which specify many details that a construction contract should take care of. Chapter 2 The Importance of using Standard forms of Contract 2.1 Introduction The adversarial nature ([Cheung et al., 2006] and [Cheung and Yiu, 2007]) and inborn risks (El-Sayegh, 2008) of the construction industry contributes to the speedy developments of construction disputes. Construction disputes are originated by many sources (Cheng et al., 2009). One of the main sources is the lack of understanding on the Contracts. Deprived interpretation and poor understanding of the construction contracts make the contracts clauses ([Broome and Hayes, 1997], [Cutts, 2004] and [Styllis, 2005]) and legalese ([Cutts, 2004] and [Candlin et al., 2002]), which results in differences between the parties to the contract on their legal rights and responsibilities. It is to be noted that this statement is justified in a study conducted by Mohamad and Zulkifli (2006), where majority of the contractors reported about the problems in understanding the contract documents. It is to be concluded that contractors need to be well versed in the interpretation and understanding of claus es stated in contracts. Dispute resolution methods at the early stages of disputes are the soft-skill resolution technique, i.e. avoidance (White, 2002), which offers a practical approach to prevent the predictability of conflicts that may occur in a project by understanding the form of contract used. The main objective of dispute avoidance technique is to promote teamwork and to create a harmonious atmosphere (Cheung, 1999). Thus, a proper appreciation of the construction contracts to the stakeholders will prevent a dispute from rotting, although a total elimination may be impossible. The importance of this chapter is to make a improved insight into the need for clarity of contract documents. Furthermore, it will assist contract drafters and experts review and clarify the clauses of the contract form in an understanding way to the parties. After the parties understand and consent to the clauses stated in the contract, the parties would recognize their obligations and contractual rights as required in the contract. 2.2 The need for contract clarity The need for this research comes up out of many conflicts identified in the construction industry due to the usage of different versions of contracts with amendments. A good example is, the senior officials of a leading developer in Dubai alleged that false ceiling collapsed and burst the pipes above the false ceiling at the buildings were related to the supervision problem and lack of access to the project site by the engineers (Developer Eyes ‘supervision authority2007). The engineers were not allowed on site due to some health and safety construction complications at certain times. This resulted inadequate supervision for the works. The problem heated up although the standard contract form clearly points out that the engineer, as being responsible for the overall supervision and direction of the project. Additionally, the Engineers representatives had the right of access to the works and construction site of the contractor (Clause 23 of bespoke Form). An explanation for this dispute was, contractor misinterpreted the conditions of contract and also failed to understand the legal obligations outlined in the contract. Thus, the question of clarity of contract conditions in the contract must be resolved. In addition, the court usually try to find out the intentions of contracting parties using plain, ordinary and popular meanings of the words. Scott vs Wawanesa Mutual Insurance Company brought out the clarity issue to the court attention (1994). The judge held that if the language of an insurance contract is ambiguous, the contra proferentem doctrine applies, that is the rule against the party who impose the inclusion of the ambiguous clause in the contract. On the other hand, if the wordings are unambiguous, the courts would not give any different meaning from what is expressed in its clear terms, unless the contract is highly unfair or hold an effect contrary to the intention of the parties (Duhaime, 2007 Duhaime, L., 2007. Part 7: interpretation of previous termcontracts.next term Duhaime Law, Victoria, Retrieved 22 May 2008, from .Duhaime, 2007). Thus, clarity of contract clauses is very important for the construction industry too. This shows the importance of understanding the c ontract by the contracting parties. Besides, the legalese takes place in the contract. The use of highly formal and technical language in legal documents disturbs interpretation (Feinman, 2003). Legal drafters made most damage by shrouding the mysteries of contracts with complex language and technical legal terms (Cutts, 2004). The deficiencies of legalese are mainly due to the unnecessary length and complexity. Sometimes, there are more serious errors that go unnoticed (Hill, 2001) because the interpretation of the contract clause was not actually written or interpreted in the contract (Thomas et al., 1994). Legalese would result the contracting parties fail to appreciate the contractual rights and obligations in a project (Semple et al., 1994). In the end, it shatters the working atmosphere of the project (Wang and Yang, 2005), resulting claims and delay to the project delivery. 2.3. Understanding the importance of standard form Construction contracts are well written agreements duly signed by the parties to the contract to define their contractual positions, relationships and obligations (Zaghloul and Hartman, 2003). The conditions of the contract are critical to ensure that the parties are put up by rules and regulations (Semple et al., 1994). The reduced understanding of the construction contract usually lead to construction disputes, as highlighted by many researches such as ([Thomas et al., 1994], [Semple et al., 1994], [Broome and Hayes, 1997] and [Mohamad and Zulkifli, 2006]). It is simply because of the reason that the parties could not achieve their contractual expectations (Harmon, 2003). Dubai Municipalitys be spoke forms of contract was followed and amended by various developers in the UAE industry. The origin of the contract can be traced to FIDIC Red Book 1987 standard form of contract. It had several amendments and revisions over the years by many developers and private sector clients in the UAE. The latest version of this form of contract was formulated in 2001 (Dr.Sam, 2004). The old-fashioned language used in it makes it difficult to understand and make the right interpretations. This is mainly due to lack of clarity and use of legalese in the contract clauses. Table 1 and Table 2 give a summary of clarity and legalese problems identified in the contract clauses of this Form. 2.4 History of FIDIC and other Standard forms of Contracts used in UAE Industry The most brilliant designs for any civil engineering or building project would remain in the documents and paper unless turned into reality by operations. This transaction process requires i.e. from the design to the reality requires the selection of the contract that reflects the aspirations of the parties as well as the demands of the successful project. The essential skills required for a Contract Administrator is the selection and management of proper form of contract and for each project, both the key criteria needed to be considered and risks should be identified and allocated, before the selection of the proper form of contract. This can be done from a range of standard forms of contract. In the UAE, the FIDIC form of contract (red book) was introduced in the early 90s for the infrastructure projects by Dubai Municipality, later been followed by many major clients such as Emmar, Nakheel and Damac. The standard form of contract identifies the roles and responsibilities of the parties, their agrents and provides rules to protect direct parties from doing wrong. The selection of the form of contracts depends on various criteria such as the responsibility and position of the parties involved in the contract. For example, factors such as , magnitude and nature of the works, procurement method (Lump sum, Measurement, Cost reimbursement), Design responsibility ( whether by the Employer, Part by the contractor or fully by the Contractor), roles and relationships (Client, Contractor, Design team and Specialists), the type of cost control document used (such as bill of quantities, schedule of rates, priced specification or contract sum analysis),Payment method (stage, time rela ted, turnkey) and Time (Open, fixed, acceleration and Damages). (Martin Brook, third edition, p 33-44) The various such forms of contracts available are JCT written by the Joint Contract Tribunal, NEC New engineering contract, a form recommended by Michal Lathams report (1994) for the use of both public and private sector clients because of its flexibility and written in simple English, ICE provided by the Institution of Civil Engineers, GC/Works/1 for Government Contracts, ACA Project Partnering Contract- PPC 2000, FIDIC..etc. A brief history of the FIDIC form of contract along with available forms are described below as the dissertation is focused on the FIDIC, the most commonly used for both building and Civil Engineering projects in the UAE. The Fà ©dà ©ration Internationale des Ingà ©nieurs-Conseils (â€Å"FIDIC†) organisation was founded in 1913 by France, Belgium and Switzerland. The UK joined only in 1949. The first edition of the Conditions of Contract (International) for Works of Civil Engineering Construction was published in August 1957 having been prepared on behalf of FIDIC and the Fà ©dà ©ration Internationale des Bà ¢timent et des Travaux Publics (FIBTP). The form of the early FIDIC contracts was prepared in line with the fourth edition of the ICE Conditions of contract. One difference with the initially published FIDIC contract was that they were based on the design being provided by the Employer or his Engineer to the Contractor. It therefore became best suited for various civil engineering as well as to various types of infrastructure projects such as roads, bridges, dams, tunnels and utility works such as water, sewerage etc. At the same time it was not so suited for contracts having major items of plant that were manufactured away from site. This led to thought of having the â€Å"Yellow Book† (the traditional one is known as the â€Å"Red Book† it was called as Red book because of the red color of the cover page) published in 1963 by FIDIC for mechanical and electrical works. This had the provisions for testing and commissioning which was more appropriate for the manufacture and installation of plant. The revised (second edition) was published in 1980. The revised editions of both Red book and yellow books FIDIC was published in 1987. A most important feature of the revised edition of Red Book (or â€Å"Old Red Book†)was provision for the Engineer to act impartially while giving a decision or in any action which affect the rights and obligations of the parties, whereas the previous versions assumed this implicitly. Although this talk concentrates on the new FIDIC forms, it should be remembered that the Old Red Book remains the contract of choice throughout much of the Middle East, particularly the UAE. A new form of contract was published (known as the â€Å"Orange Book†) in 1995 for the use on projects procured as design and build or turnkey, dispensing with the Engineer, providing for an â€Å"Employers Representative† who, while determining the value, costs or extensions of times need to: â€Å"determine the matter fairly, reasonably and in accordance with the Contract†. However, in 1999 FIDIC published new versions of the Red and Yellow books together with a Green and silver Books called as the short form of contract and turnkey contracts respectively. One of the significant differences between the 1999 edition and 1987 4th edition was the arguably diminishing role of the Engineer; a fair interpretation is making the Engineer as an assistant to the Employer. The other differences between these two versions will be discussed in the following chapters of this dissertation. Chapter 3 3.1 The important clauses and terminologies needed contract administration and a comparison with the bespoke version selected for the dissertation work During the process of making bespoke versions of contracts by amending the articles of the standard forms shall be done with extreme care as they run the risk of damaging the consistency as well as the integrity of the contract and the other contract related documents. Most of the standard conditions of contracts are developed over many years and been highly complex to deal with the unforeseen problems and legal decisions including statute law and an ever changing world. The contract must state clearly the documents that are having the status of the contractual documents, following are the documents that shall be considered as the contract documents. i. The signed agreement ii. Tender iii. General and particular conditions of contract iv. Drawings v. Bills of Quantities vi. Specification vii. Schedules viii. Program There are certain clauses required in the contract to facilitate the smooth administration of any contracts. The following are the commonly found and essential clauses required in construction contracts between the employer and the contractor irrespective of the forms and types of contracts. A detailed analysis with its importance is analyzed in this chapter for the dissertation purpose. Possession the date by which the employer shall provide possession to the contractor of the site to enable the work to begin, In FIDIC 1987, the commencement of work is described under the clause 41.1. The commencement shall be given with in the period agreed in the appendix to tender and failure to provide possession to the site within a reasonable time is interpretted as the breach from the employer.(CEM course material, Construction Law, chapter..). Under FIDIC 1987, the employer will, with the Engineers notice to commence the works, give to the Contractor the possession of the site (E.C Corbett, FIDIC 4th Legal Guide, p 238-239). Failure to give possession is dealt under clause 42.1, under such circumstances, the Engineer shall, after due consultation with Employer and Contractor determine Contractors entitlement for extension of time and also the associated cost, which shall be added to the Contract price, notify the Contractor with copy to the Employer (E.C Corbett, FIDIC 4th Legal Guide, p 238-239). Hence this clause is essential while drafting an agreement or contract for the administration. Completion The date, by which the contractor shall have the obligation to finish the work, this can be extended under various provisions if the employer or his contract administrator / engineer grant extension of time. Under FIDIC 1987, upon substantial completion of the work, the Contractor serve notice to the Engineer with copy to the Employer for the taking over certificate, and if the work in the view of the Engineer is substantially completed, issue a taking over certificate with in 21days. This is a very essential clause in any form of contract as in the absence of a completion date in the contract; the contractor shall be required to finish the work only within a reasonable time(ref: John Uff..). Non completion this clause shall deal with the situations when the contractor fails to complete the work by the agreed completion date or the extended completion date. If the work is not completed within the specified time, due to any reasons that the contractor is not liable or any concurrent delays, the contractor get the benefit of having an extension time with associated costs. However for Contractors own delay, the contractor shall not be entitled for the entitled for any extension of time, the remedy available in the contract is to make payment to the employer as liquidated damages or penalty as mentioned in the contract. Hence it is very essential to have a non-completion clause in agreements and contracts. Liquidated damages / Penalty Liquidated damages are usually amount is fixed and genuine pre-estimate of the loss in cases of breach, easy to calculate on building or commercial projects, however not easy on infrastructure projects. Whereas penalty is also a fixed amount, the contractor needs to pay this if a breach occurs. However in UAE, the term penalty is applicable as the same is followed in civil court. Whereas, under the English Law, Liquidated damages are applicable, if the sum mentioned in the appendix to tender is penalty and not the liquidated damages, the Contractor under the English law can challenge it, however under the UAE Law Civil code, Article,.. the penalty is applicable. Most of the Countries penalties are not acceptable. Refer, for example, a few leading cases on penalties, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915] AC 79, 86-87, where the House of Lords recognized the principles on how to decide a damage clause that is actually a penalty and thereby unenforceable. â€Å" This case was cited by the High Court of Australia in Ringrow Pty Ltd v BP Australia Pty Ltd [2005] HCA 71, section 12, and by the Supreme Court of Ireland in ODonnell v Truck and Machinery Sales Limited 1998 4 IR 191. The Supreme Court of Canada has adapted a similar approach in Elsley v. J.G. Collins Ins Agencies, [1978] 2 S.C.R. 916, 946, and does not allow for any recov ­ery of an amount exceeding the actual damage† (J.Frank McKenna (2008) Critical Path. Reed Smith, p1-6). Hence this clause is essential in a contract or agreement. Defects liability- The defects are to be rectified with the period mentioned in the contract. Failure to rectify the defects within a reasonable time will enable the employer to engage a third party to do the work and deduct the amount from the contract sum. Under FIDIC 4th edition, clause 62 deals with the defects liability period. The issuance of the defects liability certificates signals the completion of the Contract and under FIDIC form, such a certificate shall be issued within 28days from the completion of Defects liability period, in both forms of FIDIC 99 as well as in 87 including the bespoke versions, the defects liability period shall not be extended beyond 2 years from the taking over certificate (E.C Corbett, FIDIC 4th Legal Guide, p391-392). Variations any variations should be authorized by the employer before the contractor is entitled for the payment. Variations are common to traditional procurement path than the Design and Build system (Ashworth, 1998). In construction due to the complexity of construction works it is almost impossible to complete a project without changes to the plans or the construction process itself however good and the complete the design details are at the start of the project. Baxendale and Schofield (1996) define variation as any change to the basis on which the original contract was signed. Construction plans are formed form of designs, drawings, quantities and specifications earmarked for a specific construction site and Variations are imminent in any construction project due to various reasons from finance, design, aesthetic, geotechnical, geological, weather conditions to feasibility of construction. Hence it is essential to have a provision to instruct and ev

Constructing Indentity On The Internet :: essays research papers

Today, we are living in computer age. Computers can be seen everywhere from kitchen to the living room, from small house to giant company. Computer technology has improved our lives. It will continue to affect our future, which will lead to an easier, less complicated lifestyle, with more job opportunities and their benefits. Computers help people in many different ways and also connect people on all over the world together through out the Internet.   Ã‚  Ã‚  Ã‚  Ã‚  The internet is one of the most useful things in the world today. For instance, we can stay in home and shop through Internet, and even send things like birthday cards by the web of Hallmark. Moreover, we can talk, chat, or send instant messages to the other people so we can learn more about the culture of different races, religions, and nationalities on the world. By Internet we can get as much information as we want. However, not all of the information that we get from the web page or other people is real or credential because people can put incorrect things on it. Therefore, we will take the risk of getting the fake or false information.   Ã‚  Ã‚  Ã‚  Ã‚  The technology of Internet also help us understanding other cultures. By logging on the internet, or chatting with the others we learn more about the different cultures from one place to anther. However, there are some dishonest people in chat room. People on the net are not always honest people. In the internet Indian Wars by Glen Martin, a white software consultant running the Native American seminar and chat room offered by AOL, Rapp, said â€Å"Basically, what we did was done in fun† (127) after he was discovered that he was dishonest, he wasn’t a native American. Rapp was a host of Native American seminar, discussing about Native American culture while he was not a member of any Indian group. All he was saying were fraud. As Marc Towersap, one of the first Indians to query about Rapp’s tribal credentials, said â€Å"There is a difference between adopting online identities ad perpetrating fraud† (Martin, 125) and he also said  "Rapp was promoting herself as a genuine native elder, and AOL was making money on the chat room because a lot of people logged on to it† (Martin, 125). AOL, a biggest Internet service on the world, didn’t care about what Rapp talking and discussing was true or not.

Improved Ethical Conduct Essay

Improvement of ethical conduct is influential for the realization of sustainable social and economic development in any organization. Ethical conduct serves the important purpose of strengthening the reputation of an organization in the marketplace. In addition, improving ethical conduct is crucial in mitigating liability costs incurred by the organization. According to some economic and business management analysts, ethical business behavior in a company is instrumental in enhancing cooperation among its stakeholders, a move that functions to enhance the decision making process. This is also important in improving efficiency of executing business objectives. This paper is written in support of the thesis that companies should choose to understand, report on, and improve their ethical conduct as a crucial tool in ensuring sustainable competitive advantage in the market economy. Ethical conduct in an organization is important in protecting and strengthening the reputation of the company (Barnum, & Richter, 1994). According to assertion by many people in the community, reputation of a firm is the most important marketing tool for its products. Numerous research findings have provided sufficient evidence linking the purchasing behavior of customers with the perceived reputation of the producing organization. Such findings have been explained by the fact firm reputation is closely attributed with quality and reliability of services, a factor that serves to enhance customer loyalty. In addition, reputation of an organization is important in protecting and enhancing investor confidence (Barnum, & Richter, 1994). As an example is the financial scandal of Enron and WorldCom corporations in 2002. these scandals did not only lead to the collapsing of these two giant American corporations, but caused loss of billions of investor capitals, a move that compromised investor confidence in the firms. All these have the indication that enhancing ethical conduct in a company functions to ensure its competitive advantage. Still on improving ethical conduct in an organization is that it enhances the reputation of its individual employees. It has been evidently established that employee recommendations from some companies are highly recognized in the job market. This factor is driven by the fact that such companies have a strong corporate ethical code of conduct, a crucial element in defining the reliability and integrity of the individual. On the other hand, engaging in unethical business practices by individual employee serve both to enhance liability costs and compromise the reputation of the employee in the external job market. Another importance of improving ethical conduct in an organization is that it eliminates liability costs in the organization. According to the provisions of the American as well as international business laws, unethical behaviors by investments are subject to legal proceedings. This is because the law functions the purpose of protecting not only the interests of the firm but also those of the general public, a purpose that is negated by unethical business practices (Barnum, & Richter, 1994). Based on this reasoning, it means that organizations engaged in unlawful practices serve to hurt the interest of customers and investors. As an example on improving ethical conduct to mitigate liability is the legal implications brought by the ZZZZ best carpet company. According to available information, the ZZZZ Company was involved in fraud activities to enhance its competitive financial position. However, following the revelation of the scandal, it management were subjected to legal justice and the worth of the organization auctioned to compensate investor who lost in the scandal. In addition, it is not uncommon to hear of customers filing damage cases against companies for falsified advertisements of products. Ethical business conduct is vital in ensuring efficiency of services provision in the organization. Instilling a corporate culture in an organization has it crucial function in ensuring commitment by employees serving in the organization. Just to be appreciated is the fact that the ultimate success of any organization is defined by its effectiveness in meeting the demands of its customers. On the other side, effective ethical conduct dictates for commitment of all stakeholders to the vision, mission, and objectives of the organization. Therefore, improving ethical conduct in an organization is important in improving it service provisions, thus ensuring sustainable competitive advantage of the organization in the marketplace. Improving ethical business practices promotes the decision making process in the organization (Barnum, & Richter, 1994). Ethical business behavior serves to mitigate unfair dealings in an organization. It is worth noting that the decision making process of an organization is mainly driven by the financial stand of its investment. This is because such are the defining force of the measures necessary to enhance its economic expansion. This means that, without reliable financial accounting practices, the organization’s decision making process is deemed ineffective. Such practices are to be blamed for the downfall of the big corporations like WorldCom. Thus promoting ethical financial practices is crucial in enhancing the decision making process of an organization. In conclusion, business ethical practices are important component for the realization of long term competitive advantage of an organization in the marketplace. This is because they function to protect and strengthen the reputation of the firm as well as mitigating liability costs to the company. Thus companies should choose to understand, report on, and improve their ethical conduct as a crucial tool in ensuring sustainable competitive advantage in the market economy.

7 Top Tips for Picking a Dissertation Title - Proofed

7 Top Tips for Picking a Dissertation Title - Proofed 7 Top Tips for Picking a Dissertation Title You only get once chance to make a first impression, so when writing a dissertation it helps if you pick a good title. And while the title of your paper won’t determine whether you pass or fail, the information you provide therein can make your work easier to follow for the reader. To make sure you set out on the right foot, the title of your dissertation should be clear and informative. It helps to think about what you want your reader to know from the moment they pick up your work (unlike a good novel, your dissertation doesn’t need a twist ending). So here are a few things to consider when picking a title for your dissertation. 1. What Is Your Research About? The most vital thing that any dissertation title can do is communicate the topic and focus of your research. This includes the general area you’re researching and the specific aspect of this being investigated. So in a dissertation called â€Å"Barriers to Using Social Media in Marketing a Luxury Fashion Brand,† the topic would be the marketing of luxury fashion brands and the focus would be the factors preventing the use of social media. 2. Your Research Approach The research approach you choose has a major impact on the results you achieve and it can help to include this in your title. For example, if you have conducted a large-scale survey of management strategy, you might pick a title such as â€Å"Management Strategy: A Quantitative Study of Current Practice.† 3. The Outcomes of Your Research The more specific the better, especially when it comes to the results of your research. Rather than calling your dissertation â€Å"Factors Influencing Recovery from Anterior Cruciate Ligament Injuries,† it makes sense to specify the kind of factors being investigated. Are they success factors? Factors which impede recovery? Stating this in the title means your reader will know immediately. If you include the information above, your dissertation title will be on the right track. But to get things perfect you should also keep the following tips in mind: 4. Clarity Seeking a second opinion can be helpful, so try asking a friend or professor to check your title for clarity. It is also advisable to avoid acronyms in titles for this reason. 5. Focus Overly long titles can be confusing or off-putting. Regardless of how good the work is, for instance, only the most dedicated are going to want to read a paper called â€Å"In silico exploration of the fructose-6-phosphate phosphorylation step in glycolysis: genomic evidence of the coexistence of an atypical ATP-dependent along with a PPi-dependent phosphofructokinase in Propionibacterium freudenreichii subsp. shermanii.† 6. Format Check your college’s style guide for how to format your title, as different institutions have different requirements when it comes to factors like capitalization. 7. Uniqueness and Humor Generally it is good if your title makes your dissertation stand out. It is also tempting to use a humorous title, though this is best saved for when writing for a popular audience. Neither uniqueness nor humor, however, should come at the expense of clarity and communicating important details about your work. Hopefully these tips will have helped you come to a decision over your dissertation title. But if not, then our expert proofreaders here at Proofed can let you know of any issues to do with clarity or accuracy in the title and headings of your dissertation, as well as providing a variety of services to ensure the quality of your work.

Free Essays on Morality In Defending The Guilty

On June 12, 1994, the entire United States was glued to the television. One famous man had been arrested with the brutal stabbing murders of his ex-wife and her estranged lover. This famous man seemed clearly guilty. He was soon enough presumed â€Å"guilty† because he was at the scene of the crime, and because of the evidence gathered, fingers were pointed at him: he had no where to run. The press was in the sky, in his trees, and at his door, hounding him for a statement. He went on to hire the best possible attorneys he could. He knew his case would be a difficult one to prove. The defense lawyers with their lives on hold spent endless hours studying the case and gathering the facts. Many times the defense was labeled â€Å"disturbers of the peace†, due to the belief that they were lying to cover up their client. The testimonies of witnesses took nine months and encompassed almost 120 people, Forty-five thousand pages of evidence and more than one thousand exhibits (CNN, pg 1). a year and half later the defendant, O.J. Simpson, walked away a free man, thanks in part to the legal system that defended him. This is what being a defense lawyer is all about, doing whatever it takes to defend your clients rights set forth by the constitution. Becoming a lawyer is no easy task. It requires years of academic and practical training, devotion and a desire to attain that goal. To become a lawyer in the U.S. you must have graduated from an American Bar Association (ABA) certified college. Then you must take the â€Å"Bar† exam, a six-hour 200 question test. Then comes one of the biggest decisions, to prosecute or to defend. Prosecuting lawyers are generally representing the government in criminal cases, and in civil cases they represent the client bringing the charge. The job of the prosecution is to present the case against the defendant. To inform the jury of the charge they are trying to expound on the defendant, and to convince the j... Free Essays on Morality In Defending The Guilty Free Essays on Morality In Defending The Guilty On June 12, 1994, the entire United States was glued to the television. One famous man had been arrested with the brutal stabbing murders of his ex-wife and her estranged lover. This famous man seemed clearly guilty. He was soon enough presumed â€Å"guilty† because he was at the scene of the crime, and because of the evidence gathered, fingers were pointed at him: he had no where to run. The press was in the sky, in his trees, and at his door, hounding him for a statement. He went on to hire the best possible attorneys he could. He knew his case would be a difficult one to prove. The defense lawyers with their lives on hold spent endless hours studying the case and gathering the facts. Many times the defense was labeled â€Å"disturbers of the peace†, due to the belief that they were lying to cover up their client. The testimonies of witnesses took nine months and encompassed almost 120 people, Forty-five thousand pages of evidence and more than one thousand exhibits (CNN, pg 1). a year and half later the defendant, O.J. Simpson, walked away a free man, thanks in part to the legal system that defended him. This is what being a defense lawyer is all about, doing whatever it takes to defend your clients rights set forth by the constitution. Becoming a lawyer is no easy task. It requires years of academic and practical training, devotion and a desire to attain that goal. To become a lawyer in the U.S. you must have graduated from an American Bar Association (ABA) certified college. Then you must take the â€Å"Bar† exam, a six-hour 200 question test. Then comes one of the biggest decisions, to prosecute or to defend. Prosecuting lawyers are generally representing the government in criminal cases, and in civil cases they represent the client bringing the charge. The job of the prosecution is to present the case against the defendant. To inform the jury of the charge they are trying to expound on the defendant, and to convince the j...

Plato, Aristotle, Descartes, Melchert, and Hum's Theories Essay - 1

Plato, Aristotle, Descartes, Melchert, and Hum's Theories - Essay Example When we speak that there is particularly good in existence, for example, then â€Å"good† can be referred to as proper universal form (Melchert, 28). However, Aristotle challenged Plato’s argument that the nature of universals is instantiated.   He argued that all universals are attached to existing things. Aristotle believed that the nature of universal can be predicted. This is because universal only exist its relation must have occurred, is occurring or must occur in the future. Hence if a universal cannot be predicted to an object that occurred in a certain period, it cannot exist. He also maintained universal location exist within each thing on which it existed. So, according to him, the form of an orange exists within each orange, rather in the world of oranges (Melchert, 35).Teleology is a philosophical explanation that explains the fact that the final causes do exist in nature. This theory put across the assumption that human action and is existing factors in the nature of the environment (Melchert, 123).   Generally, this theory explains the purpose, end, aim, and goal of the existence of something. Aristotle explained this theory by arguing that without artificial interference, action will happen as stipulated by the natural forces affecting it. An example put across by Aristotle states that a seedling reaches to a level of the adult plant as its final cause.While explaining his metaphysics, Aristotle always argued that the final cause of an action or an object is already stipulated by nature and no force can change this outcome. Through teleology, his argument on final causes was further explained. Additionally, Aristotle has argued against many philosophers claims that all things revolve around the necessity. By this statement, Aristotle believed that the philosophers were against the purpose, end, aim and goal policy of teleology (Melchert, 112).

Control projects, capital management, risk management and evaluation Essay

Control projects, capital management, risk management and evaluation - Essay Example inciple of using this technique concept was used as a tool towards initiatives of standardisation and certification of OHSM systems that complied with the Australian and International standards. In Australia, harmonised occupational health and safety in all States was introduced with the Act and Regulations coming into force in 2012. Under the Act, an employer has an obligation to ensure the health and safety of each of the employer’s workers at work and of others who may be adversely affected by the work being undertaken, including the working environment, systems of work, plant, and substances. The employer must provide information, instruction, training and supervision. In addition an employer needs to monitor the health and safety of employees, manage information, and records relating to work-related injuries. There are also provisions relating to consultation with workers, according to Hopkins (2005) workplace safety requires employers to maintain a safe workplace, so far as reasonably practicable in the language to reduce risks to a level that is as low as reasonably practicable. This approach according to Hopkins (2005) was recommended in the Robens report in 1972, with the Robens conjecture being adopted in many jurisdictions. This paper has addressed the requirements of WBL 8020 (2) units. Beginning with an introduction of the developments of the standard 1 Boral OHSM with reference to the implementation of the concept of a conceptual framework that outlines and presents a preferred method in categorising risk strategically and objectively in business activities. The core elements of the system have been introduced in the (Appendix power point), with the concept of the system being discussed. This paper has addressed some of the preconditions for successful... The purpose of this paper is to examine courses of actions and implementation in a conceptual framework that outlines and presents a preferred approach in categorising risk strategically and objectively in our organisational enterprise activities. This paper will venture in constructing a reflective consciousness of the existing risk measures taken when developing and implementations of the strategy process of endorsing our company moving to a single Health and Safety System that will provide a standardised robust HSE system that can be embedded at all National BCM Boral operational sites and offices. The project was to develop one safety management system throughout the Company nationally. The strategy piloted 5 different sites incorporating the BCM business units of the Company (Asphalt, Quarries, Concrete and Logistics) in New South Wales incorporating all business units of BCM Boral operations of the company, determining how safety is managed throughout the business. Feedback was required from personnel from these sites to make necessary changes to the system. The implementation of a National safety management system was undertaken in four phases that was used as an outline for evaluating the effectiveness of project implementation. †¢ Phase one (1) involved planning of OHS National Safety management system. †¢ Phase two (2) focused on reactive safety management processes. †¢ Phase three (3) focused on predictive and proactive safety management processes. †¢ Phase four (4) focused on operational safety assurance.