Coca Cola Essay -- essays research papers

Coca Cola was made by Pharmacist Dr. John Styth Pemberton. He built up the recipe for the well known soda pop in his terrace on May 8, 1886. Dr. Pemberton’s accountant, Frank Robinson, thought of the thought for the special cursive logo that has been the exchange mark from that point forward. On May 29, 1886 the absolute first advertisement showed up in the Atlanta Journal: Coca-Cola. Scrumptious! Reviving! Invigorating! Empowering! The New and Popular Soda Fountain Drink, containing the properties of the brilliant Coca plant and the well known Cola nuts. Available to be purchased by Willis Venable and Nunnally and Rawson. Dr. Pemberton kicked the bucket soon after this promotion and deals dove. Robinson didn’t need the business to fall flat and concluded publicizing was to blame â€Å"people didn't have the foggiest idea what they were missing.†      After the Coca Cola trademark had been licensed, Asa G. Candler, an Atlanta agent, bought the rights to the item and framed the partnership, â€Å"The Coca-Cola Company.† He started the push on Coca-Cola promoting by parting with a large number of tickets with the expectation of complimentary glasses of Coca-Cola, and publicizing on open air banners, schedules, soft drink wellspring urns, and divider paintings and making Coke accessible all over. The innovation of packaging in 1894 expanded accessibility of the soda pop.      The organization recruited William D’Arcy in 1906 to head up promoting and he accepted that publicizing should show that Coca-Cola is a piece of glad occasions in regular day to day existence. This sort of publicizing was utilized for a considerable length of time. One of the primary paper advertisements indicated an image of Ty Cobb, a baseball star up at bat and stated: Something’s bound to happenâ€nerves a tingleâ€head zooming. Break!! Great kid Ty!! Safe!! And afterward you yell yourself rough. When it’s all over you’re hot, parched and limp. A chilly, smart beverage of Coca-Cola will return you in the game-calm the thirst and chill you. D’Arcy saw this baseball advertisement as a triumph since everybody cherishes baseball. He felt as if it influenced the reader’s faculties which caused the person in question to feel eager for a Coca-Cola. Different advertisements that engaged the consumer’s feeling of joy in relationship with Coke incorporated a perfect American young lady drinking Coke, agents drinking Coke on board an American Pullman train vehicle and youngsters getting a charge out of Coke out on a vessel ride. In 1929 Coca-Cola’s most popular motto, â€Å"The Pause That Refreshes... ...ecial highlighting Edgar Berger and Charlie McCarthy. Not long after this came the sponsorship of Walt Disney’s TV debut on Christmas Day of that year. Following fifty years D’Arcy shut its record with Coca-Cola and obligations regarding publicizing was moved to McCann-Erickson. They utilized everything that TV offered, for example, activity, stop movement and real life promotions and begat the broadly known motto â€Å"Things Go Better With Coke.† The principal shading advertisement was known as the â€Å"Refrigerator-Man† and different popular TV advertisements were the â€Å"Hilltop† business, â€Å"Mean Joe Green†, and the â€Å"Northern Lights† which utilized the renowned polar bear. In 2000 Coca-Cola propelled an aggressive new worldwide crusade utilizing the trademark â€Å"Coca-Cola. Enjoy.†      After ninety nine years Coke had become such a piece of American life, that when the organization attempted to present â€Å"new Coke† general society dissented so firmly that the organization needed to bring back the first renamed â€Å"Coca-Cola classic.† Coca-Cola and its â€Å"Red, White and You† subject and its charming relationship with people’s regular glad family life made it an exemplary image of America. â€Å"Unmistakably Coca-Cola. Unquestionably American.†

Mcdonalds Essays (2045 words) - Marketing, Management, Business

Mcdonalds I Introduction II Differentiation III Product Differentiation A. Assortment B. Quality C. Taste D. Size E. Cost IV Service separation a. Requesting ease 1. At Mcdonalds 2. Drive through b. Conveyance 1. A home conveyance c. Various administrations V Personnel Differentiation d. Ability e. Kindness f. Validity g. Unwavering quality h. Responsiveness I. Correspondence VI Image Differentiation A. Image B. Media C. Environment End I. Presentation: We have gone to a period where the rivalries between firms is getting more forceful than any time in recent memory hence every organization must have a specific weapon to shield itself or to increase new markets. This task is about the separation devices utilized by the McDonlads Company and how it utilizes it assets to increase an upper hand and to be the pioneer in the market II. Separation It is the demonstration of planning a lot of significant contrasts top recognize the companys offering from contenders offering. The quantity of separation openings changes with the kind of industry: 1.volume industry: one in which organizations can pick up on just a couple yet rather huge, upper hand. In the development gear industry, an organization can make progress toward the minimal effort position or the profoundly separated position and win huge on either premise. Gainfulness is associated with organization size and Market share. 2.stalemated industry: one in which the are a couple of potential upper hands and each is little. Gainfulness is disconnected to the piece of the overall industry 3.fragmented industry (applied on our case):one which organizations face numerous open doors for separation, yet every open door for upper hand is little. Both little and huge organizations beneficial or unbeneficial. 4.specialized industry: one in which organizations face numerous separation openings, and every separation can have a high result, some little organizations can be gainful as some enormous organizations. III. Item separation: Physical items fluctuate in their potential for separation .at one extraordinary we discover item that permit little variety ex:(chicken) .At the other outrageous items there are items which are prepared to do high separation :(vehicles). A. Assortment It is what number of items the organization produces and for to what extent has to be in the market before we can present new ones. It relies upon to what extent the items are in the market. In another market, we lean toward not to have a lot so as to be steady with the open information. Barely any items from the outset is consistently a superior procedure. I.e.: Big, quarter, pounder, filet o fish. In the long run you present more items (Mc imperial, Mc accomplishments, Double cheeseburger after a specific period when the individuals know about the old item (Upbeat supper) B. Quality It is the nature of the item and what are the means taken by the firm to have the most extreme quality utilizing the accessible assets At the point when you start with hardly any items this expansion the quality Quality requires a few needs. Buying an item must be done in a composed manner and it needs to pass all the wellbeing methods. We direct a preparation program for all the group in the kitchen (back territory) so we can ensure that they have great mental stability and the have the information on the all the necessary estimations. This ensures quality is food C. Taste Is the means by which the shopper see the item even he loves it or not and in the event that he things that it needs improvement or not We get the correct fixings and the correct parts of fixings either privately made or imported to ensure that we are serving the correct item and a similar taste anticipated around the world In certain nations following a couple of years (never toward the start) we attempt to offer uncommon item with nearby taste (fiery chicken and burger in Egypt, Japan with Japanese sauce, China with sweat and acrid.) We attempt to adjust to the nearby preference for scarcely any things and to keep our global flavor also D. Size Either the organization has a size norm and how can it regard it or It doesnt have a norm and how can It act because of this circumstance We have standard size universally and we need to regard it, yet we do have greater size (Big Mac) we attempt to offer the power flavor (neighborhood taste) in a greater sandwich to give more an incentive to the buyer (Upsize your Combo). Size is significant, The more the customer pay in a Big size the more it is beneficial as we spare more on paper cost. The more the size is greater the more we spare expense. E. Cost Cost is he selling

Marketing Research and Segmentation Problem Paper

Showcasing and Segmentation Problem - Research Paper Example Along these lines, it tends to be referenced more or less that the emergency clinic takes into account the general individuals with a wide scope of clinical offices. Research An examination on the customers in the territory encompassing the medical clinic would be done with the assistance of Value and Lifestyles (VALS2) and Potential Rating Index by Zip Market (PRIZM). VALS2 This device for way of life examination makes an undertaking to form buyers by sorting into three differing direction gatherings and they are standard arranged, activity situated and status arranged. Every one of the classes is accepted to be upheld by two measurements and they are assets just as self-direction. The direction bunches are on the other hand sub-assembled into eight differing way of life portions. These referenced way of life sections are known as actualizers, fulfilleds or survivors, achievers, devotees, experiencers, strivers, producers and strugglers. The clinical office or rather the medical cli nic is thought to be situated in the United States (US) where the populace has been figured out how to be distanced into three fundamental shopper sorts as recently referenced. The standard arranged people are the ones whose choice for administrations is managed by their separate convictions as opposed to their prerequisite for help from others. The determinations of the status situated people should be guided by the help, activity alongside the perspectives on the others. The activity arranged people are estimated to be the individuals who get invigorated by a craving for physical or even social type of action, hazard bearing and assortment (Indira Gandhi National Open University, 2012). The adherents and the fulfilleds have been expressed to fall under the class of standard situated people. The actualizers, achievers, strivers and strugglers are found out to have a place with the classification of status arranged people. In conclusion, the experiencers and the creators are clubbed in the class of activity situated people or portions. Along these lines, the use of this specific model would successfully help in dividing the market for the required sort of administration (Indira Gandhi National Open University, 2012). PRIZM The other apparatus for evaluating the way of life of the people for the proposed administration is the PRIZM. The expectation of this referenced instrument is perceived to be the appraisal of the geographic locales alongside partner them with the utilization design. This type of appraisal should be established on the affirmation that way of life just as utilization remains chiefly guided by the segment basics. A basic advance concerning this type of appraisal is the ascertainment of the best possible base definition so as to fittingly coordinate with the precise family unit base (Scarborough Research, 2012). Market Segmentation The objective fragment or rather the sort of people focused for the clinical office or the medical clinic would be the standard arranged people and the status situated people. The underlying class of people are found out to be very knowledgeable people who are either connected with proficient occupations or are resigned. This infers the age gathering can be found out from center to higher that is from 40 to over 65 years old. This specific portion would be the proper decision as the objective patients for the planned clinical office inferable from their age gathering. The people having a place

Point of View in Amy Tan’s Short Story, Two Kinds Essay -- Two Kinds, A

Perspective in Amy Tan’s Short Story, Two Kinds In her short story Two Kinds, Amy Tan uses the little girl's perspective to share a mother's endeavors to control her girl's deepest desires, giving a further comprehension of how their relationship sours. The little girl has developed into a young lady and is recounting to the account of her transitioning in a family that had emigrated from China. Specifically, she tells that her mom's endeavored parental direction was commanded by stupid expectations and dreams. This twofold viewpoint permits both the naivety of a little youngster attempting to distinguish herself and the knowing the past and judgment of a develop lady. Two Kinds is an amazing case of contrasting characters causing battles among parent and youngster. In each parent-youngster relationship, there are events in which the parent places desires on the kid. A few kids succumb to a parent making a decent attempt or setting desires excessively high, or, on account of Two Kinds, a parent attempting to carry on with her life through that of her kid. In any case, the mother is additionally a casualty in that she surrenders to her own absurd dream that you could be anything you needed to be in America. Knowing that her own time has passed, she needs her little girl to prevail by whatever methods available, however she never stops to consider what her little girl may need. She carefully holds fast to her arrangement, and her oppressive child rearing just leaves the girl with sentiments of objection and inquiries of self-esteem. The mother doesn't understand the discussion that she makes, and she can't comprehend that her activities could not be right. She likewise doesn't understand that she is harming her little girl, yet in addition the relationship that should tie both of them ... ...by an inappropriate individual. Simply after the passing of her mom would she be able to let her blame abrogate her pride. Simply after the passing of her mom, when she can follow up on her own agreement and not please her mom, does she really play the piano. Their contention has gone unsolved, and the mother has kicked the bucket accepting that she was a disappointment as a parent. All through the little girl's youth, both are caught in their own childish deceptions. Their characters conflict, nor is happy to settle. Tragically neither can understand the degree to which they have harmed themselves exclusively and mutually. They are on a very basic level the equivalent, in any case, blinded by persistence, neither understands that they are two parts of a similar tune. Works Cited Tan, Amy. Two Kinds. Writing, Reading Reacting,Writing. fifth ed. Ed. Laurie G. Kirszner and Stephen R. Mandell. Boston: Heinle, 2004.

The Joy of Building

The Joy of Building In a public high school with about 700 people per class, there was barely enough room to walk in the hallways, let alone room for much creativity. Therefore, I was always diligently reading textbooks, writing down notes, taking tests, filling out worksheets, completing standardized tests, counting down seconds until the next class, and over and over again. I learned to shove facts into my head, regurgitate it on a test a week later, and erase it all immediately after. Then I got here. I’ve quickly learned that even GIR classes want you to do more than use the equations. They want you to apply your knowledge to problems that take hours and several pieces of paper. This really hurt my brain at first. It took awhile, but slowly, I got over this fear I had from even approaching the problem. It was a fear of being wrong that came at the price of making progress on problems. Hence, a semester of Pass/No Record acted as an adjustment period, full of trial and error, just as it was intended to be. IAP rolled around, and this time, I was much more ready to take on challenges. These came in many forms. First, they were coding errors. It was the first time I’d ever touched code, and man, were there a lot of TypeError: list object cannot be interpreted as an integer and SyntaxError: invalid syntax and IndexError: list index out of range and more SyntaxError: invalid syntax because I really didn’t know what I was doing. Yet, by the end of 6.178 Introduction to Java, I’d built a full-fledged* battleship game!** *semi-functioning **by “I’d built” I mean “they wrote most of the code with a few sections of skeleton code for me to fill in, all while I went to lots of office hours and pestered people for help.” I felt so proud of my (veritably not impressive) feat. I took ownership and pride in this work, a very, very toned down version of what I’m sure mothers feel when they give birth. Like, hey, I produced that! With some help, but yeah that was me! And then in 6.S096, Mobile Virtual Reality Development Challenge, another IAP class, surrounded by very generously donated Daydream headsets and Pixel smartphones from Google, I tried to build something, anything, that would work. My team and I first attempted to create a virtual reality platform to organize closets, pivoted to a VR game of Would You Rather?, and then Escape the Room. None of those ideas ever came into fruition. With 48 hours left before Demo Day, frustrated and tired of staring at code, we banged our heads against the wall, literally as we stumbled around in our non-functioning virtual reality space. All we wanted was to have a script that would allow us to throw things and teleport places, and this was when we realized that’s kind of what everybody else wanted to do in a VR space too. The medium was so new for most people that they just wanted a chance to explore, to make things explode without consequences. So we created Wasteland, where people could have a place to unleash their destructive creativity. We were such proud mothers of those flawed teleport and explosion scripts. For example, sometimes, users would teleport into objects, getting stuck behind TVs and trees, and the only way to exit the game was to reset the entire system. Other times, one could look up and see chairs floating everywhere because in our rush, we overlooked adding physics and gravity components to some objects. Even though it pushed the definition of semi-functional, we pitched it like it was the greatest anger management tool the world has ever seen. Behold! Then, the semester started, and I was as excited as I’ve ever been to attend classes. I’m currently taking: 9.00 Intro to Psychological Science This is very similar to my AP Psychology class in high school, but still entertaining to just sit back and appreciate different psychological phenomenon during lecture. For example, heres a video to blow your mind about attention: amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;lt;br /amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;gt; 2.00B Toy Design We design toys, sketch models, and make them, all lecture long. Enough said. Sometimes we finger paint and play with actual toys too. If you want to know more, I think their website does a pretty good job of explaining what we do all day. (http://web.mit.edu/2.00b/www/) Also you can check out pictures of class and watch previous years playsentations! 6.S08 Interconnected Embedded Systems There are times when I truly despise this class, and other times when I feel that Im actually learning so much and its all going to be worth it in the end. Theres just an incredible adrenaline rush when your code passes all of the test cases. Weve created a messaging system, step counter, and even GPS tracker all using an Arduino. If any of that sounds cool to you, I highly recommend this class, as long as youre okay with spending your Sunday afternoons in office hours! If youd like to see our class messaging system at work, go for it here. 8.02 Electromagnetism Gauss’s Law, capacitors, and Maxwell equations, oh my! I love my professor (Professor Perez), and we recently discharged a 3000V capacitor (read: very loud explosion type thing) purely for demonstration purposes and stuck a Benjamin Franklin figurine in a Faraday cage, so it hasnt been too bad yet. This one is my only GIR this semester, although I still have Biology left to continue avoiding as long as possible 6.042 Math for Computer Systems As you can see from the picture below, we spend our time tackling the most intriguing questions of this century. Occasionally, we do proofs and set theory and state machines. Lots of fun math-y stuff. Even though I have no idea what my final projects will look like in 2.00B and 6.S08, I know that I’ll be so proud of them. Finally, I have classes that I wholeheartedly enjoy, which makes the tough psets a little more bearable. Or maybe Im just a nerd and like school. Either way, I have classes that are designed to kindle the creativity again, and it is so liberating. Post Tagged #2.00b Toy Design #6.042 #6.178 #8.02 Physics II: Electricity and Magnetism

Contractual issues arising claims - Free Essay Example

1 Literature Review on contractual issues arising claims Avoiding construction claims and disputes requires understanding of the contractual terms, early no adversarial communication, and understanding of causes of claims.(Cheryl Semple, Francis T. Hartman, and George Jergeas) identify some of the critical element in construction contract, and investigates the causes of claims, categories of compensation of claims and contract clauses quoted in claims by studying high-rise apartment building and institutional buildings. Construction contract determines the basis for the relationship between the parties involved in it. A contract is a promise or agreement that the law will enforce. Construction contract are very often long, complex document, consequently, disagreement or disputes can arise regarding contractual obligations or expectations, when one party feels that the contractual obligations or expectations have not been meet and they fell that they deserve monetary and/or time compensation they may submit a claim. A claim is defined as an assertation to the right to remedy, relief or property (Canadian Law Directory) 1.1 Introduction to contract law 1.1.1 Legal systems A legal system, can be viewed as a system for identifying factual situations where the state will impose sanctions on a person (criminal law), where one person can seek redress from another person (civil law), and where a person can challenge decisions of the state and public bodies, such as local authorities (administrative law). For example: If someone takes property belonging to another with the intention of permanently depriving them of that property, this is categorized by the criminal law as a crime (theft) for which the state can seek an order for imprisonment, a fine or both. The same conduct is categorized by the civil law as a tort (known as conversion) for which the person whose property is taken can seek an order requiring the person taking the property to return it, to pay compensation (damages), or both. If the property is taken by the state or a public body in wrongful exercise of a statutory or other power, the decision to do so can be challenged in administrative law by seeking a declaration that it is invalid and should be reconsidered. 1.1.2 Criminal, civil and administrative law The criminal law is principally concerned with the imposition of fines and imprisonment sought by the state against persons. The civil law is principally concerned with awarding compensation and making orders in favor of one person against another. Administrative law is principally concerned with making orders concerning the administrative actions of the state and public bodies. 1.1.3 Obtaining redress The usual means of obtaining redress is in a court of law. The criminal courts, primarily the Magistrates Courts and the Crown Court, are concerned with redress in respect of criminal matters .The civil courts, primarily the County Courts and the High Court, are concerned with redress regarding civil claims. In many countries, a separate court is established to deal with claims concerning the administrative actions of the state and public bodies, but this is not the case in everywhere, where administrative law matters are dealt with by the High Court. The courts are not the only means of obtaining redress in many civil matters. 1.1.4 The civil law of obligations Each of the principal divisions of law criminal law, civil law and administrative law contains numerous subdivisions. The subdivision that is relevant to this publication, and to the series of which it forms part, is that part of the civil law concerned with the law of obligations. 1.1.5 Obligations in contract and tort The law of obligations has, in turn, two parts: the law of contract and the law of torts. In the law of contract, a persons obligations are primarily founded on agreement and are, in general, owed only to the other party to the agreement, not to persons generally. Because obligations owed in contract are founded on agreement, they can be as prescriptive and detailed as the parties wish and their agreement requires. For example, agreed obligations can concern the development of an office block in accordance with detailed requirements, or the structuring of a long-term business relationship, such as a partnership. It would be impossible to regulate such relationships using only the law of torts, since obligations in tort are too generalized. In the law of torts, a persons obligations are primarily determined by general principles of law and are, ordinarily, owed to persons generally. Since obligations owed in tort are imposed as part of the general law, they are expressed in the form o f general standards of conduct. For example: the obligation to exercise reasonable skill and care so as not to cause injury or damage to others forms the basis of the tort of negligence; the obligation not to unreasonably interfere with a persons use or enjoyment of their land forms the basis of the tort of nuisance. Both parts of the law of obligations are significant for the construction industry. Work on a building project, such as the provision of consultant services, construction or materials, will ordinarily be carried out under a contract since this is the only way that obligations having the required definition and precision can be given legal force. But the work provided may, if defective, cause damage not only to the person with whom those obligations are agreed but to others, such as adjacent landowners, users and subsequent owners of the project. While the person or persons with whom the contract is made will, ordinarily, be able to seek redress in the law of contract, t hose who are not parties to that contract will have to seek redress in the law of torts. The law of contract is of fundamental importance for the construction industry because the contract is the principal vehicle for those working on a project to be engaged, their obligations are regulated and redress assessed if things go wrong. The law of torts has a subsidiary importance if things do go wrong. 1.1.6 Rights and obligations Although the law is often discussed in terms of obligations, there is, in general, for each obligation a corresponding right .Thus, an obligation not to unreasonably interfere with a persons use or enjoyment of land can be seen, from the perspective of a landowner, as a right to enjoy and use their land free from such unreasonable interference. An obligation to perform the terms of an agreement can be viewed from the other partys perspective as a right to have those obligations performed. In contract law, these rights and obligations are often referred to as the benefits and burdens of the contract. 1.1.7 Defining a contract There are various definitions that attempt to encapsulate the essential nature of a contract. The definition that is most readily understandable in a commercial context is that a contract is an agreement that gives rise to obligations, and corresponding rights, that the law will recognize and enforce. Since a contract is founded on agreement, the parties are free, within wide limits, to agree the obligations to which they wish to be bound. This is known as the doctrine of freedom of contract. It means, at any rate in a commercial context, that the parties to a contract will ordinarily be bound by the agreement they make, however inappropriate, one sided or even ruinous that agreement may turn out to be for one of them. The corollary of the doctrine of freedom of contract is that a person cannot be forced to contract. In a commercial context this means that, if terms cannot be agreed, either party to the negotiations can walk away, however inconvenient or costly, in terms of wasted time and money, this is for the other party. It may be possible to break off negotiations and walk away even if work has commenced in anticipation of a proposed contract. Once a contract is concluded, it binds the parties in law. If a party to a contract fails to comply with its obligations under the contract, the other can seek redress for that failure. This can be done, as appropriate, by enforcing a right to payment (a claim in debt), by seeking financial compensation for losses suffered as a result of the failure (a claim in damages for breach of contract) or, in certain circumstances where financial compensation does not provide adequate redress, by an order that the defaulting party perform its obligations (a claim for specific performance) or stop acting in breach of its obligations (an injunction). For example, if a consultant fails to perform services he or she has contracted to provide, the client can seek damages based on the additional cost of obtaining substitute performance from another consultant. If an employer fails to pay for work provided by a contractor, the contractor can recover that payment as a debt. If a person contracts to se ll land, such as an office or house, but refuses to complete the sale, the purchaser can seek an order that the land be conveyed to it. 1.1.8 Categories of contract The categories of contract that are most relevant to the construction industry include the following. Contracts made by deed and simple contracts (the rest). Contracts entered into by deed do not require consideration; simple contracts do. For example, a promise of a gift will be contractually binding only if it is given by deed. Contracts made by deed also attract a longer limitation period (the period during which proceedings for redress must ordinarily commence) than simple contracts. The period is 12 years from breach for contracts made by deed, 6 years from breach for simple contracts. Contracts for estates or interests in land (such as a contract for the sale or lease of a house or office). Such contracts are governed by the Law of Property Acts and related legislation and by that branch of the law known as the law of real property. Most of such contracts are subject to the code for payment and dispute resolution provided for in that Act. Arbitration agreements (an agreement that provides that disputes will be determined by a private tribunal sitting as arbitrator, not by the court). Such agreements are subject to the detailed code set out in the Arbitration Act 1996. Consumer contracts (certain categories of contract, principally contracts for goods, for work and materials and for services where one of the parties is contracting for purposes that are outside the scope of its business, if any, and the other is contracting in the course of a business). Such contracts are subject to various statutory controls that may invalidate certain types of unfair or unreasonable terms imposed to the determent of the consumer. 1.1.9 The importance of contracts in the construction industry: Contract is only the forming agreements that are recognized as binding by the law of contract that the parties can regulate their rights and obligations in the knowledge that these rights and obligations can, if necessary, be enforced. Given the importance of contract law in structuring commercial relations, it is surprising that those procuring and providing work in the construction industry often deal inadequately with the formation of their contracts. This leads not only to uncertainties about what was agreed and when, but also to disputes about whether a binding agreement was concluded at all and whether legally enforceable obligations are created to provide work or to pay for it. Such disputes can arise during the work as well as after it is completed. 1.2 Contractual terms used in formation of contract The obligations that the parties accept when they conclude a contract are contained in its terms. The terms may be express or implied or, more usually, a combination of both. 1.2.1 Express terms Express terms are those that the parties expressly state when making their contract. Express terms may be written or oral. Oral terms may be evidenced in writing. * Written terms may be set out in documents forming the contract for example, where a client and builder execute a copy of a standard form building contract, such as a copy of the FIDIC condition of contract setting out all of the terms they have agreed, or where, as is often the case in a contract for the sale of goods, all of the terms are set out in a letter of offer, accepted by the purchaser orally or by conduct. * Written terms may be contained in documents referred to (incorporated by reference) in the exchange of communications forming the contract * Oral terms may be agreed at a meeting or over the telephone. It is preferable for oral terms to be recorded (evidenced) in writing so that there can be no dispute about what was said, for instance by making and circulating a note of what was agreed. But failure to do this will not affect the validity of such terms, unless the contract is of a type whose terms must be made or evidenced in writing. 1.2.2 Implied terms Implied terms are those that are included in a contract even if the parties do not expressly refer to them at the time the contract is concluded. * Contract terms are implied by law or by statute if the contract is of a type in which such terms are ordinarily implied and the implication of those terms is not contrary to the express terms of the contract. For example, terms are ordinarily implied by the Sale of Goods Acts into contracts for the sale of goods, and by the Supply of Goods and Services Acts and law into contracts for work and materials or for services. * Terms may be implied to reflect the parties presumed intention if, having regard to the words used in the contract and the circumstances at the time it was concluded, they are necessary to give business efficacy to the contract or are so obviously a part of the contract that both parties would, if asked at the time, have said that they go without saying. For example, a contract to use a wharf will be subject to an implied term that it is safe for the ship to lie at that wharf. But a term will not be implied on this basis if it is inconsistent with the express words of the contract. * Terms may be implied by custom where the custom is a certain and general incident of a particular trade or place, and the use of the term is well known, reasonable and not contrary to law or to the express words of the contract. * Contract terms may be implied by course of dealing where the parties have contracted on the same terms on a number of previous occasions and they make another contract of similar type without expressly referring to those terms. 1.2.3 Exemption clauses An exemption clause is a contract term by which one party, usually but not invariably the party proposing the terms of contract, seeks to avoid or exempt itself from what would otherwise be its obligations or liability under the contract (an exclusion clause), or seeks to restrict or limit its liability in some way (a limitation clause).An exemption clause can work indirectly by, for instance, restricting the enforcement of obligations under a contract, or by making enforcement unusually onerous. Exemption clauses are commonly found in standard terms of business. For example, a seller of goods may seek to limit its obligations by providing in its standard terms that they form the whole agreement of the parties, and no terms are to be implied at law. The purpose of such wording is to exclude the implied terms of quality and title that would otherwise apply to the c0ntract.A consultant may provide in its terms of appointment that any liability, whether for default under the contract or in negligence, is limited to a specific sum. The purpose of such a provision is to cap the consultants potential liability to its client. Because exemption clauses exclude or limit what would otherwise be a partys obligations or liabilities under a contract, they must be clearly incorporated and clearly worded if they are to be effective. There are also various statutory controls over the effectiveness of such provisions, and, in a few instances, criminal sanctions are imposed on those who seek t o include such clauses in their contracts. 1.3 Most Commonly Used Types of contract in the industry There are various types of conditions of contracts used all over the world. Most commonly used conditions of contracts in the past are FIDIC in Middle East JCT NEC in United Kingdom. In United Kingdom mainly JCT NEC conditions of contract is in practice in various forms. The conditions of contracts are listing the legal structure to be refereed to in case of any dispute or ambiguity arises. It also establishes a common basis to both the contractor and the client in understanding each partys commitments and rights against the other party. Understanding the rights and obligations are important prior to the agreement of a contract between the parties. Most commonly used types of conditions of contracts are; ICE6 FIDIC (1987) FIDIC (1999) FIDIC (2004) Red Book FIDIC (2004) Yellow Book Part 1 FIDIC (2004) Orange Book FIDIC (2004) Silver Book FIDIC (2004) Green Book JCT (1998) Private with quantities JCT (1998) With approximate quantities JCT (1998) Without quantities JCT (1198) Management procurement JCT (1998) Traditional procurement JCT (1998) Design and build procurement JCT (1998) Nominated sub-contract documents JCT (2005) Standard building contracts with quantities NEC Professional services contract NEC The engineering and construction contract NEC The engineering and construction contract Flow charts NEC The engineering and construction contract Guidance notes * NEC The engineering and construction contract Priced contract with activity schedule NEC The engineering and construction contract Cost reimbursable NEC The engineering and construction contract Management contract * NEC The engineering and construction contract Priced contract with bill of quantities * NEC The engineering and construction contract Target contract with bill of quantities * NEC The engineering and construction contract A subcontract version of the engineering and construction short contract NEC The engineering and construction subcontract NEC The NEC partnering option NEC The adjudicators contract NEC Cost reimbursement contract PPC (2000) 1.4 Key contract clauses in used in condition of contract * Audit This clause typically outlines an owners right to perform reviews (audits) of contractor costs or records. Such clauses ordinarily outline what costs or records are subject to audit, when and under what circumstances. * Changes This clause is critical. This is the clause that allows the owner to direct changes to the work, including plans, specifications, and time of performance, means, and methods. Absent a change clause, an owner is precluded from making changes to the work. Of particular importance in this clause is whether the clause allows the owner to unilaterally direct changes to the work (in which case, if the contractor refuses to comply with the directives, they are in breach of the contract). Alternatively, the clause requires the owner and the contractor to mutually agree on the change (a bilateral change). * Contractor Responsibilities This clause lays out, in general form, the duties, obligations and responsibilities of the contractor in performance of the work. This clause assigns specific risks to the contractor, including customarily the risk of adequate labor and equipment to accomplish the work within the required timeframe, the obligation to perform work safely, to perform work in strict accordance with the terms and conditions of the plans and specifications, and to be responsible for the work of subcontractors and suppliers, etc. * Delays This is, ordinarily, a risk allocation clause with respect to delays in the work. Excusable delay under a contract results in time extensions but no time related damages. That is, a contractors performance time is extended because of excusable delay situation, but the contract is not entitled to collect time extension costs nor is the owner entitled to impose late completion damages for this time. Compensable delay, on the other hand, results in both a time extension as well a time excusable and compensable to the contractor while contractor caused delay is the responsibility of the contractor (to either make up the lost time or pay the contractually stipulate late completion damages). Third-party caused delay (sometimes referred to as force majeure delay) is, most often, excusable and no compensable to the contractor. * Differing Site Conditions or Changed Conditions This clause normally provides an equitable adjustment to the contract in the event the contractor encounters a materially different condition at the site during performance of the work. * Dispute Resolution This clause customarily sets forth the mechanism to resolve disputes during the performance of the work. Most dispute clauses contain some form of a stepped resolution system. For example, the clause may require on site negotiation between project managers, followed by an appeal to project executives, followed by 3 days of mediation, followed by binding arbitration under a formal set of rules. Often, the location (jurisdiction) of the disputes resolution will be set forth * Force Majeure Some contracts contain a force majeure clause or a clause dealing with delays to the work caused by unforeseeable events beyond the control of both the owner and the contractor. Such clauses often provide lists of examples of force majeure events acts of God, acts of the government, civil disorder, acts of war, adverse weather, fires, floods, strikes, etc. Other contracts provide for such events in the excusable delay clause. * Governing Law The contracts involve parties from differing locations with subcontractors and suppliers from even more locations. Accordingly, contracts often specify which law applies to a dispute, regardless of where the dispute is handled. * Indemnification To indemnify another is to protect them against loss or damage either by paying for the loss or standing in their place in the event of legal dispute. An indemnification clause in a contract typically requires a contractor to indemnify the owner against all loss resulting from contractor errors, omissions, accidents, third party property damage, etc. * Insurance This clause requiring the owners and contractors to furnish multiple insurance policies prior to commencing work, among which are the following: builders risk/all risk; workmans compensation; automobile, aircraft, and/or marine liability; general liability; bodily injury; broad form property damage; completed operations; personal injury; etc. * Late Completion Damages This clause specify the damages for late completion. In general terms, there are two types of late completion damages actual and liquidated. Actual damages are those damages an owner actually suffers when a contract is completed late and may include loss of revenue, increased engineering, architectural or inspection services, increased financing costs etc. Liquidated damages, on the other hand, is a pre-agreed upon amount the contractor will pay the owner in the event the project is completed late due to no excusable delay cause-that is, due solely to the contractors fault. Such damages are typically expressed in terms of a daily cost and need not be proven as actually incurred if the project is completed late. * Limitation of liability In order to cap (or limit) a contractors risk from late completion damages, performance penalties, etc., under a contract, many contracts contain a clause limiting maximum liability to a percentage of the value of the contract. * Order of Precedence This clause intended to provide guidance to both the owner and the contractor in the event of conflicting provisions. Typically, specifications have precedence over general provisions, and so on and so forth. The legal concept is to provide guidance to people on projects in the event there are two or more conflicting provisions relating to a topic. * Owner Responsibilities- Similar to a contractor responsibility clause, an owner responsibility clause ordinarily sets forth the obligations of the project owner, including adequate project financing, all required ad necessary permits, appropriate site access, etc. * Payments This is key contract clause in terms of project cash flow. This clause sets forth how often the contractor is to be paid, in what manner, and what are the conditions precedents to the issuance of payment. * Quantity Variations The contracts contain estimated quantities to be installed. In the event as-bid quantity estimates vary substantially (+/- 10 percent or more) many contracts (both unit price and lump sum) contain a quantity variation clause which allows either the owner or the contractor to request a predetermination of the as-bid unit price on affected portions of the work. * Schedules A schedule clause typically sets forth the requirement for contractor scheduled , including format (bar chart vs. CPM), level of detail, submittal requirements, frequency of schedule updating, damages for failure to submit, delay or time extension analysis requirement, actions to be taken in the events of forecasted late schedule, etc. * Suspension of Work This clause habitually allows a project owner to suspend or stop all or some of the work, with or without clause. Such clauses normally provide for some adjustment to the terms of the contract in such events, including a time extension and payment of delay costs. However, recovery of time and cost may be limited by the terms of contract. Often, if the actual clause of the suspension order is something for which the contractor is responsible (i.e., unsafe work conditions, work not in compliance with contract requirement, etc.) no recovery time or cost is allowed. * Termination Almost all contracts have a provision allowing the owner to end, in whole or in part, performance of the work prior to project completion. There are, typically, two types of termination; termination for convenience and termination for default. Termination for convenience usually occurs when a project owner decides, for their own reasons, not to complete the project as designed. Such situations might arise if the owners needs change, if project financing fails, or if the underlying project economics change substantially. In such a circumstance, the owner may elect to terminate the contractors performance for the convenience of the owner and pay off the contractor in accordance with the terms of the clause. Termination for default arises only when a contractor is found to be in material breach of the contract, has been provided with a cure notice form the owner outlining the material breach, and has failed to remedy the breach in a timely manner. (For example, failing to man the project in such a manner as to assure timely project completion.) Usually the owner will terminate the contractor from the project and call upon the contractors financial guarantees to complete the work (i.e., letter of credit or surety bond). Some contracts also provide a contractor the right to terminate their participation in a project. Under certain carefully proscribed circumstances (such as, failure to make payments, bankruptcy of the owner, suspension of the work for more than a defined period of time, etc.) the contractor is allowed to terminate their own involvement in the project. * Time of the Essence/Time of Performance- If project completion by the time or date certain is important to an owner, then they must say so in the contract. As timely project completion is normally important, most contracts contain a clause stating that Time is of the essence of this contract. Such a clause must be included to make enforceable a time of performance clause and collection of late completion damages. Absent such a clause, the time of project completion is considered unenforceable. The time of performance clause, typically expressed either in work or calendar days after issuance of notice to proceed, sets froth when the work must be completed and the consequences of failure to meet these dates. * Warranty A warranty clause, which ordinarily continues in existence for some specified period of time after project completion, guarantees the contractors work after project acceptance. It is not uncommon for warranty clauses to require a warranty for 1 year after project completion, during which time, if any portion of the project fails, the contractor is obligated to return to the project and make it right or agree to some commercial settlement of the issue. All clauses in a contract are important and compiled with in order to avoid any allegation of breach of contract. 1.5 Strengths and Weaknesses of contract in construction industry Various advantages and disadvantages in the usage of contracts. The contracts are imposing a better control over the contractors and always state the penalties for non-compliance. Punishment used as a tool for guidance of the projects for timely completion and it is not working always successfully. 1.5.1 Strengths Strengths listed as; * More hold on contractors behaviour * Least botheration * Firmly laid down rules and regulations * Pre agreed procedural commitments * Better control over the contractor * Pre defined dispute resolution techniques such as arbitration and amicable settlement * Legal binding between both the parties with the signing of the agreement * Pre agreed form of tender with clearly defined clauses * Allocation of risks and responsibilities of each party * Clearly defined clauses and references * Laid down contractual requirements and regulations * Clearly defined directions and remedial actions * Clearly defined indemnity procedures * Professional approach to dispute resolution * Traditional system which is well known to the parties * Easy to operate and interpret 1.5.2 Weaknesses * Weaknesses listed as; * Unfriendly relationship between the parties * Ambiguities and misinterpretation * Misunderstanding and misleading * Unclear and complicated legal points * Over administrative rules * Strict and rigid rules with hardly any flexibility * Increasing the distant between the parties * Inapplicable and inappropriate regulations * Improper explanations and complexity * Leading to arbitration and litigation * Lengthy dispute resolution techniques * Unfavourable and unfair conclusions * Disadvantageous to either party * Not providing any benefit to both the parties * Unrealistic and impracticable rules dictated traditionally * No room for any improvement * No incentive schemes for performance * No motivation * Negative approach * Dullness and discouragement * Increases the uniqueness and no continuous development * Not leading to any supply chain management * No assurance for timely completion * Uncertainty on final cost * Loopholes in quality assurance with improper coverage * Poor updating to cater the latest disputes * Far away from practicality providing limited opportunity to the contractor * Load the sole responsibility on the contractor * Not facilitated with profit sharing technique 1.5.3 Practicability Since the contracts are in practice traditionally over a long period, the parties consists awareness of application and acquaint to the system. When a contractor receives a tender to price, he even is not reading the conditions of contract because he has bighearted the same and overconfident. Due to this habit if any amendment made even in the particular application, it will be overlooked by the contractor. This negligence will lead to major disasters and the damage is realized during the progress of the works. There is no remedy, which is possible at this stage and the consequences are to be bared by the contractor. 1.5.4 Applicability and Coverage Contracts are covering the full scope of the construction of a project. It is furnishing a fair coverage of the contractual issues normally appearing during the operational stage expects the complicated and irresolvable disputes when the contractor is in disagreement. It is a typical interpretation provided by the contracts and if the same is accepted by the contractor then it is resolved and concluded then and there it self. The serious issues between the client and the contractor are referred to arbitration. This is a process of about one year and in a project spanning over a year of contract period this type of dispute resolution is disastrous. So it can be defined as the coverage of a condition of contract is only applicable for minor issues and not at all for major and complicated contractual issues. There fore it is important to seek for an alternative dispute resolution technique, which is more sustainable in addition to the conditions of contract in the contract administration of projects. 1.6 Previous studies on the issues of problems which generate claims Identifying potential contract problems While there are numerous items and services that can be purchased, each purchase of goods and services faces the same set of contractual risks that affect the successful accomplishment of any of the 5 Rs. Abi-Karam (2002) suggested that every purchase should be evaluated for six types of risks: Proposal risk, Surety and liability risks, Schedule risk, Contractual risk, Performance risk and Price risk. Davison and Wright (2004) expanded on the definition of these risks to include their relationship to the following five Rs: Proposal risk: The legal document that defines the item or service procured (the right item), the mutual areas of agreement, and how risks will be allocated and rewarded. Surety and liability risks: Protection of the agencys financial and legal interests (the right price). The contract will define the insurance requirements, bonding requirements, and licensing that are necessary to protect the agency in the event of contract termination or to meet statutory requirements. Schedule risk: Ensuring timely delivery (the right time). The contract will contain clear and specific language describing the contract deliverables, delivery terms, and any penalties for late delivery. Contractual risk: Establishing change order procedures, dispute resolution process and termination procedures (the right price and time).The contract is a living document and allowances must be made to accommodate unforeseen conditions that may affect the purchase. The contract will specify who has the authority to make changes, how changes will be made, and what changes will be unilateral. The contract will specify how disputes will be resolved if mutual agreement cannot be reached. The contract will specify the termination process. Performance risk: Defining acceptance (the right quality). The contract will define the conditions under which acceptance will occur and what type of inspection will be required. Price risk: Defining payment terms (the right price). The contract will define how and when the Contractor will be paid. Based on observation and communication with peers, Davison and Wright (2004), proposed that each of these six contractual risks is comprised of a set of contract problems that may occur each time the good or service is procured (Table 1 shows the types of contract administration problem). Each contract problem that occurs can threaten the success of the project by impacting any or all of the 5 Rs in an adverse manner, such as, delivery of incorrect product, incorrect quantity, an increase in project costs, a delay in delivery, poor quality or the ultimate unsuccessful result, contract termination. TABLE 1 CONTRACT ADMINISTRATION PROBLEM WITH EXAMPLES Sr No Contractual Risk and Contractual Problem Example 1 Proposal risk: Unclear scope of work Ambiguous specifications lead to disputes over required performance, acceptance. 2 Surety and Liability risk: Increased cost Inadequate bonds and insurance to cover vendor failure 3 Schedule risk: Wrong product Purchase order or contract clearly identifies correct product, but vendor ships incorrect. No dispute involved 4 Schedule risk: Delay Purchase order has clearly stated completion date. Completion date delayed (any length of time) due to agency or vendor (with or without cause). 5 Contractual risk: Change order Change in the scope of work (additional work, money, time), after contract award. Can be requested by either party for any reason 6 Contractual risk: Dispute resolution and personality conflict Personality conflicts between agency project manager or staff and vendor project manager or employees. Disagreement between the parties that cannot be easily resolved. May involve scope of work, materials supplied, payment schedules, or any other aspect of the contract. 7 Performance risk: Definition of acceptance Completion of project is delayed due to non acceptance of final product. Example: difference in either partys definition of what was supposed to be delivered or provided 8 Performance risk: Poor performance Contract clearly states a level of expected performance (this is not in dispute) and quality problems with vendors performance of work occur. 9 Performance risk: Sub Contractors The vendor uses subcontractors not on his payroll to perform any or all of the work. Prior approval, for use of subcontractors, was received 10 Performance risk: Other sources There are very few vendors that can perform the work 11 Performance risk: Risk of failure The project has a high risk of failure. i.e. New technology, new equipment, new vendor, Project never been done before. Tight timeline or budget 12 Price Risk: Cost Project has a high cost. [Source Journal of management research ISSN 1941 -899X 2009 , Vol 1 No 2: E2] According to Mohamad Ibrahim Mohamad Zulkifli Madon, Rosli Zin, Shaiful Amri Mansuri , the constructions contracts express the intent of parties and memorialize their principal risk allocation decisions (McCallum, 2002). To understand the contract requirements is to understand the contents of the documents and the spirit of the contractual relationships. Contracts are formed and signed based on the fair basis where parties agree amicably to discharge their obligations to satisfy each other needs and requirements. Indeed as construction are a complex and challenging process, it requires interpretation of conformance with myriad laws, code and regulations, marshalling of considerable resources including labor, equipments, materials and good communication and coordination among multiple parties involved in the project (Dennis, 1982). Many factors are unknown or unknowable at the start of any project. This detail understanding of the whole requirements and process of the contract are ess ential in order to minimize the construction risks that may lead to unnecessary problems such as disputes, claims, litigation, shoddy works, and reworks even lost of future business relations. The effects of construction disputes are detrimental. If disputes are not properly managed, they may cause project delays, undermine team spirit, increase project costs, and, above all, damage continuing business relationships. The proper allocation of responsibilities is a crucial factor in determining whether a particular construction contract should be considered a good contract. Mc Callum (2002) characterized a good contract clearly informed such party what it must do and to what it is entitled. It also informs each party of its right if the other party does not performed as pronounced. It anticipates the likely problems and resolves them clearly and in a way strikes the parties as a proper allocation of risks and responsibilities. A good construction contract of course, includes well draf ted drawings and specifications that inform the contractors what he must do to earn the promise compensation and provide a method of determining whether the objective has been reached. According to them factors which improve understanding of contract document are * Sincerity in contracting * Drawing must be clear and checked by all parties. * Clarity in contract document for better understanding toward contract documents. * Clients requirements must be clearly understood. * Contract document should be written in simple language. * Establish good communication relationship. * Contract document must be precise, objective and practical * Qualified personnel to prepare the contract document. * Regulatory requirement to be clearly explained. * Bill of Quantities to be clearly and objectively detailed. * Minimize use of complicated legal phrases. * Provide well trained personnel for every project to interface the contract. * General condition of the contract to be made familiar * Construction work specifications to be simple and suit class of contractor. * Mandatory induction session for a contractor before any contract to be Essam K Zaneldin suggests claims are becoming a way of life and indeed, an impossible part of modern contract system. In UAE construction claims normally seen in almost every construction project, are direct results of the ongoing growth in the construction industry in the country In general claims are common in construction projects and can happen as a result of several reasons that can contribute to delaying a project and increasing its cost. Finishing a project on schedule is a difficult task to accomplish in the uncertain, complex, multiparty, and dynamic environment of construction projects. To enhance the chances of success contractor submitting claims most closely follow the steps stipulated in the contract condition and present sufficient documentation. He carried out the study of types, causes, frequency of construction claims in the emirates of Dubai and Abu Dhabi in UAE using a data from 124 claims for a verity of projects in the two emirates. As per his analysis one of th e problem area is the change type of claims was the most frequent types of claims, Extra work types of claims are second and contract ambiguity remain ranked third. He also conclude that change order are the most frequent causes of claims while delay caused by owner ranked second and planning error ranked at third position. Dr Ayman H Al Momani carried out a quantitative analysis on construction delay in Jordan. The objective of study was determining the causes and level of time extension of public project and to aid construction managers in establishing adequate prior to the contract award using quantitative data. The key task was to design research so that the information obtained permits the assessment of their impact. Therefore the best approach to assessing the potentials is to adopt randomly selected samples. The sampling population was established by selecting 130 public project constructed in different regions of Jordan during the period of 1990 97. The data was found in the contract files of several state agency. Data collected were of 5 kinds of public projects Residential houses of public s, office and administrative buildings, school buildings, medical centers and communication facilities. The result of this study indicated that the main causes of delay in construction of public projects we re related to Designers, user changes, weather, site condition, late deliveries, economic conditions, and increase in quantity. K C Iyer, N.B Chaphalkar, G A Joshi suggest most of the construction projects are executed through contracts which are generally not easy to comprehend even by professionals. Advancement in technology and mammoth requirement of infrastructure in developing countries like India, there has been increase in size and complexities in the nature of projects. This gives rise to further ambiguities in the prevailing contract forms eventually making contract forms more complex and difficult and causing adversarial impacts such as increase in number and frequency of claims and disputes besides time and cost overruns. To overcome the worsening scenario, they develop a system that can assist the contract administrators to understand and evaluate worth of their claims prior to taking it to litigation Many construction disputes can be avoided by careful planning during contract formation. The specific terms and concepts below, which are used in contract drafting, are very important factors for avoiding future problems of claims (A) Incorporation by reference (B) Scope of work (C) Right to stop work (D) Payment (E) Exculpatory clauses (F) Notice (G) Warranties (H) Termination for cause and convenience (I) change orders and changed conditions, and (J) pay-if-paid and pay-when-paid clauses Ustinovichius L, Andriukevichius A, Kutut V, Migilinskas D Barvidas A. analyse construction contract provided by FIDIC and determine there effectiveness by verbal methods. According to him contractors of international construction projects are often faced with complicated situations working in the condition of uncertainty in construction. One of the potential risk factors is associated with the requirement of contract condition. He used a simple quantitave method for evaluating the requirements defined in specifications of the contract. According to them effectiveness of construction contract can be evaluated based on the following factors Technical Specification Cost Terms of Payment Schedule Performance Guaranty Warranty Liability Insurance Cost Liability Limit Assaf et al (Assaf SA, Alkhalil M, AL-Hazmi M. 1995) identified the 56 main causes of delay in Saudi large building construction projects. The scope of their research was limited to large public building projects in the eastern province of Saudi Arbia. Large building project include projects that are more than 10,000,000 Saudi riyals (SR) Based on their survey Based on the contractors surveyed the most important delay factors are 1. Preparation of approval of shop drawings 2. Delay in contractors progress 3. Payment by owner and design changes From the view of architect and engineer 1. Cash problem during construction 2. The relation ship between subcontractors 3. Slow decision making process by the owner However, Owner agreed that 1. The Design error 2. Labor shortage 3. Inadequate labor skills These are the important issues which initiate claim. Ogunlana and Promkuntong ( OgunlanabS O and Promkuntong K. 1996) conducted study on construction delay in Thailand this paper repots on a study of construction delay experienced during the period, especially in 1992 when the boom was diminishing. The major sources of the delay on high rise building construction project are identified and a comparison with other studied is made to determine if there are special project management problem in developing economies. They found that the problem faced by the construction industry in developing economies like Thailand could be: Storage and inadequacies in industry/environment infrastructure (mainly supply of resources) * Shortage of resources * Unavailability of subcontractors Transportation problems 2. Causes by client * Financial difficulties of owners 3. Caused by contractors incompetence * Poor contract management, planning and scheduling deficiencies * Unreasonable low bidding * Contractors financial difficulties They recommended that there should be concerted concerted effort by economy managers and construction industry associations to provide the necessary infrastructure for efficient project management. Dr. Edwin H.W. Chan* and Henry C.H. Suen carried out study on Legal Issues of dispute management in International construction project contracting. According to them contracting parties in international project have to develop ways to respond to the various legal obligations and practice by the international conventions and national authorities and, at the same time, to avoid and resolve disputes arising from legal issues. In light of this, they provide a source of reference for contracting parties to identify those legal issues that are related to dispute management, which includes avoiding and resolving disputes in international construction. In doing so, they carried out an in-depth literature review of previous research studies and face-to face interviews with practitioners in the industry. They made discussion on the significant issues as follows Harmonization of construction law Law of dispute management Interpretation if international construction contract Disputology in construction industry. Causes of Disputes Causes of disputes over delay identified by Assaf et al. includes: shortage of construction material, changes in types and specifications during construction, slow delivery of material, damage of material in storage, delay in the special manufacture of the building material, shortage of labour, labour skills, nationality of labourers, equipment failure, equipment shortage, unskilled operators, slow delivery of equipment, equipment productivity, financing by Contractor during construction, delays in Contractors progress payment by Owner, cash problems during construction, design changes by Owner or his agent during construction, design errors made by designers, foundation conditions encountered in the field, mistake in soil investigation, water table conditions on site, geological problems on site, obtaining permits from municipality, obtaining permits for labourers, excessive bureaucracy in project Owner operation, building code used in the design of the project, preparation and appr oval of shop drawings, waiting for sample material approval, preparation of scheduling networks and revisions, lack of training personnel and management support, lack of database in estimating activity duration and resources, judgment of experience in estimating time and resources, project delivery systems used, hot weather effect on construction activities, insufficient available utilities on site, the relationship between different subcontractors schedule, the conflict between the consultant and the Contractor, uncooperative Owners, slowness of the Owner decision making process, the joint ownership of the project, poor organization, insufficient communication between Owner and designer at the design phase, unavailability of professional construction management, inadequate early planning of the project, inspection and testing procedures used in the projects, errors committed during field, application of quality control based on foreign specification, controlling subcontractors by g eneral Contractors in the execution of the works, the unavailability of financial incentives for Contractor to finish ahead of schedule, negotiations and obtaining of contracts, legal disputes between various parties, social and cultural factors, accidents during construction . Through a questionnaire survey conducted on 61 contemporary construction projects in Hong Kong Kumaraswamy [8] attempts to better understand disputes; he identifies common root causes, proximate causes and confirms the need of further studies to isolate the real root causes of avoidable claims and disputes. A list of the root causes and the proximate causes is shown in 1. (Grace Younis, Geraed Wood, M. Asem Abdul Malak,) Unfair risk allocations Unclear risk allocation Unrealistic time/cost quality targets Uncontrollable external event Adverse culture Unrealistic tendering price Inappropriate contract price Lack of competence of of project participant Lack of professionalism of project participant Client lack of information Unrealistic information expectation Inadequate brief Poor communication Personality clashes Vested interest Changes by client Slow client respond Exaggerated claims Estimating error Others e.g. work error Internal disputes Inadequate contract administration Inaccurate design information Incomplete tender information Inadequate design document Inappropriate contractor selection Inappropriate payment modalities Inappropriate contract form ( Sources Minimizing Construction Disputes: The reletationship between risk allocation and behavioural attitudes by Grace Younis, Geraed Wood, M. Asem Abdul Malak TABLE 2 CATEGORIZING CAUSES OF DISPUTES 1 Al Momani Causes of delay: poor design, change orders, weather, site conditions, late delivery, economic conditions, and increase in quantity. 2 Alkass et al. Strikes, rework, poor organization, material shortage, equipment failure, change orders, act of God. 3 Bristow and Vasilopoulous Five areas unrealistic expectations: contract documents, communication lack of team spirit and change. 4 Colin et al. Six areas: payment, performance, delay, negligence, quality and administration. 5 Diekmann et al. Three areas: people, process and product. 6 Heath et al. Seven areas: contract terms, payment, variation, time nomination, re-nomination and information. 7 Hewit Six areas: change of scope change conditions, delay, disruption, acceleration and termination. 8 Kululanga et al. Four sources of dispute: (1) errors, defects and omissions in the contract documents, (2) underestimating the real cost of the project in the beginning, (3) changed conditions and (4) stakeholders involved in the project. 9 Madden Three categories: legal, technical and quantum. 10 Molenaar et al. Three categories: people issue, process issue and project issues. 11 Rhys Jones Ten areas: management, culture, communications, design, economics, tendering pressures, lay, unrealistic expectations, contracts and workmanship. 12 Semple et al. Four areas: acceleration, access, weather, and changes 13 Sykes Two areas: misunderstandings and unpredictability ( Sources Minimizing Construction Disputes: The reletationship between risk allocation and behavioural attitudes by Grace Younis, Geraed Wood, M. Asem Abdul Malak) As per the literature review the common issues which aeries claims are as follows 1) Issues arises normally causes by the client * Awarding contract to lowest bid * Suspension of works * Unrealistic imposed contract duration * Slow decision making by owners * Owner interference * Finance and payment of completed work 2) Issues arises normally by the contractor * Poor site management and supervision * Improper planning * Mistake during construction * Contractors financial problem * Bad quality of contractors work * Subcontractors problem * Construction method * Low price of contract due to high competition 3) Issues arises normally by consultant * Poor contract management * Delay in the design information and approval of drawing * Delay in testing and inspecting the product * Discrepancies in contract document * Poor management in Quality assurance control 4) Issues arises due to material * Quality of material * Shortage of material; 5) Issues due to by Labor Equipment * Equipment availability and failure * Change in material and labor cost * Labor productivity 6) Issues due to Contractual relationships * Lack of communication between parties * Impropriate overall organizational structure linking of all parties to the project * Major disputes and negotiation * Third party delay 7) Claims that are normally caused by External factors * Weather condition * Regulatory changes and building code * Problems with neighbors * Unforeseen ground condition * Accidents 8) Issues arises are normally by political and social * Changes in laws and regulations * Public disorder * Labour disputes and strikes 9) Issues arises normally by economy * Inflation * Availability of labour and equipment For the purpose of study and based on the above literature review the issues are categorized in following manner SITE ISSUES Adverse site conditions Necessary approvals may not be obtained or may be obtained only subject to unanticipated condition Archeological and cultural heritage discoveries No proper access to the site Project site may be subject to invalidity of approval Any environmental issue which leads delay and additional cost. E.g. Non stop rain and high wind speed. DESIGN CONSTRUCT AND COMMISIONING ISSUES 1. Design of the facility is incapable of delivering the service at anticipated cost 2. Construction events occur during construction which prevent the facility being delivered on time and on cost Commissioning tests which are required to be completed for the provision of services to commence, cannot be successfully completed Design co-ordination on design and construct basis project. SPONSOR AND FINANTIAL ISSUES Interest rate may move adversely and affect the bid price Failure of sponsor to finance the project because of economic crises Change in tax policy by government before and after the completion of project Financial problem arises due to change in ownership OPERATING ISSUES Require cost is more than anticipated with an inadequate quality Design and construction quality is inadequate resulting higher maintenance and refurbishment cost Change in output specification outside the agreed range Subcontractor fails to provide the required service. POLITICAL AND SOCIETAL Change in law policy during the course of project Change in regulations during the course of project Additional approval require during the course of the project which it outside the contract Labour dispute and strike EXCULPATARY CLAUSES ISSUES No damage of delay Site inspection before the award of contract Liquidation Damages Indemnity Clauses References: Grace Younis, Geraed Wood, M. Asem Abdul Malak , Minimizing Construction Disputes: The relationship between risk allocation and behavioral attitudes Jon Murdoch and Will Hughes (2000), Construction contracts Law and Management. Third Edition. Spon Press Sadi A. Assaf, Sadiq Al-Hejji. (2005) Causes of delay in large construction projects. International Journal of Project Management 24 (2006) 349-357. Essam K. Zaneldin. (2006) Construction claims in United Arab Emirates: Types, causes, and frequency. International Journal of Project Management 24 (2006) 453-459. Ayman H. Al-Momani. ( 2000) Construction delay: a quantitative analysis. International Journal of Project Management 18 (2000) 51-59 M.Asem U. Abdul-Malak, A.M.ASCE, Mustafa M. H. EL-Saadi, Marwan G. Abou-Zeid. (2000). Process Model for administrating Construction Claims. Journal of Construction Engineering and Management 18 (April 2002) 84-94. K.C. Iyer, N.B. Chaphalkar , G.A. Joshi. (2007) Understanding time delay disputes in construction contracts. International Journal of Project Management 26 (2008) 174-184. Ustinovichius L, Andriukevichius A, Kutut V, Migilinskas D Barvidas A, Verbal analysis of engineering and construction contract. Dr Edwin H.W. Chan and Henery C.H. Suen , Legal issues of disputes management in international construction project contracting, Construction Law Journal, Feb 2004. Ogunlana S O, Promkuntong K, Construction delay in a fast growing economy: Comparing Thailand with other economies. Intentional Journal of Project Management 1996:14(1): 37-45. Mohammad Ibrahim Mohammad, Zulkifli Madon Rosli Zin Shaiful Amri Mansuri, Clarity and improving level of understanding of contract documentation, Malaysian Journal of civil Engineering 20 (1) : 128 136 (2008) Bill Devidsons, Richard J Sebastain, An analysis of the Consequences of Contract administration problem for contract types. Journal of management research ISSN 1941 -899X 2009, Vol 1 No 2: E2

Analysis Of Africa By Maya Angelou - 769 Words

â€Å"Africa† is a poem written by Maya Angelou which expresses the grave injustice done to Africa by the Europeans. Through her words Angelou is able to express the pain, suffering, and hope felt by the people of African during this time. The poem speaks to the beauty of Africa, goes into the injustice it has faced, and the hope that it has to one day go back to how it was. Three stanzas hold the words of Angelou, each filled with several literary techniques such as metaphors, rhyming, and personification. These several techniques gives this poem a lot of power and effect over the readers. With the use of imagery a picture is painted into our minds as we can see the words she wrote, and feel the pain they felt. The various stanzas change†¦show more content†¦This section of the poem Angelou goes into describing how the Europeans come â€Å"over the white seas†(9), and came to take and take advantage of Africa. Through reading this stanza you can feel the negat ive throughout. â€Å"took her daughters/sold her strong sons†(13-14). Angelou continues with the use of Africa as a women and speaks of the Europeans taking away her â€Å"children† (the male females of Africa) during the invasion. This has readers pointed in the direction of the slavery that took place. In this troubling time mother Africa tried hard to resist against the rude forces; however she was no match for the imperialism that came upon her. Trying to resist the Europeans domination took its toll on Africa. After having such an awful experience Africa was still standing. This last stanza that Angelou rights unlike the others is different. Instead of speaking in the past tense on the thing that have happened , she speaks in the present tense for the this that yet to come. Throughout all that Africa has been through Angelou believes that that things will get better. Now she is striding(19) showing readers that even though Africa had went through this hard time it soon shall pass and there will be a brighter future. Again in this stanza now readers can see that the tone has changed yet again. Now we are going away from the negativity and back towards the positive. Angeli uses the standard to try and help readers see that although there may beShow MoreRelatedAnalysis Of Africa By Maya Angelou768 Words   |  4 PagesBeauty, Struggle, and Rise: The Journey of Africa Maya Angelou’s â€Å"Africa† is an exceptional poem that talks about the injustices faced by the Blacks during the 18th century. In fact, the poem takes the readers back to the slave trade and the many difficulties it brought to Africans. Each stanza of the poem symbolizes a particular characteristic/stage related to Africa. While the first stanza describes Africas physical features, the second and third stanzas demonstrate the struggles of the continentRead MoreAnalysis Of Maya Angelou s Poem, Africa1491 Words   |  6 Pagesorigins begin in Africa. Maya Angelou’s poem, â€Å"Africa,† paints a portrait of the history of Africa. Her canvas depicts the beautiful landscapes with its people far and wide as well as those who were abducted from its shores. The three stanzas, which make up the poem, construct a story about a nation that was beaten, raped and left behind to die, and despite that was triumphant in the end. Maya Angelou’s poem is a tribute to the struggles and triumphs of Africa. Angelou refers to Africa as a woman throughoutRead MoreAnalysis Of Inaugural Poem By Maya Angelou767 Words   |  4 Pageschose to examine was the Inaugural Poem by Maya Angelou. This poem was written specifically for one occasion; President Bill Clintons inauguration ceremony in January, 1993. 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The final poem that relates to the concept is from the pen of Maya Angelou, a great African American writer whose works include I Know Why the Caged Bird Sings and the screenplay for Georgia, Georgia (MayaAngelou.com). However, for this topic in particular the focus shall be placed on one of her many poems written throughout her life. The poem â€Å"Africa† is a short, twenty-five line poem detailing the ordeal of slavery that was the enslavement of Africans backRead MoreSexual Violence And Gender Based Crimes1877 Words   |  8 PagesUltimately, the Court must reflect a gender neutral approach whilst bringing sexual violence to the spotlight to improve the struggle against these crimes. On the 12th of January 1993, in front of a white-male dominated crowd, civil rights activist Maya Angelou read the words ‘history, despite its wrenching pain, cannot be unlived, but if faced with courage, need not be lived again’. The heart-breaking truth in those beautiful verses hides a saddening premonition. Indeed, history books seem like a compilationRead MoreAnalysis of Black Reconstruction Essay2741 Words   |  11 PagesAnalysis of Black Reconstruction Prior to the Civil War and Reconstruction, the main goal of the African American population was to be granted freedom. African Americans had been enslaved since 1619 in America, when the first slaves were sold on the auction block. However, their concepts of freedom were extremely romanticized and highly unrealistic as a direct result of the atrocities they witnessed and endured in the institution of slavery. They visualized the abolition of slavery to