Standard Forms of Contracts in Construction Benefits

Standard Forms of Contracts in Construction Benefits The Importance of Using Standard Forms of Contracts in Construction Industry According to the 1996 Act of UK law construction contract has been defined as an agreement in writing or evidenced in writing, under which a party carries out construction operations, arrange for others to carry out construction operations or/and provide labor for carrying out of construction operations (Zaghloul Hartman, 2003). The contract forms establish the legal relationship between the parties, in terms of rights, obligation and duties and regulate the commercial relationship between the parties (Robinson Lavers, 1996). There are two main classifications of contracts, namely standard and non standard contracts (Murdoch Hughes, 2007). In the recent times, the commercial activities associated with the construction industry are highly complex and the standard forms of contracts have integrated into the day-to-day transactions of most agreements (Bunni, 1997). It is not compulsory to use standard contracts in the construction industry; however it has become the common practice in procuring contractors, consultants or architects. There have been numerous recommendations by authors and researchers to adopt standard forms of contracts in the construction business. According to Banwell Report (1964), the construction industry should formulate and use a single standard-form contract for its entire projects. The Latham Report (1990s) also supported the concept as recommended the Engineering and Construction Contract to be adopted as universal standard construction contracts. The use of standard form of contract for all type of construction projects is not realistic, but for similar type of project has been seen to be indee d is very beneficial (Murdoch Hughes, 2007). The purpose of standardising contract forms is mainly to specify the chief variables concerning the construction processes and activities (Clegg, 1992). For example, it so happens in most projects that actual work done by the contractor differs from as specified in the contract. And these alterations are a major source of many conflicts and disputes (Othman, 1997). In such cases, standard forms contain arrangements as to how to manage these variations. Standard forms of contract are mostly published by an authoritative body of the industry, recognised by all the parties involved, outlining the terms and conditions which sets the parameters for the proceeding of the work. In the correct spirit of standardization, these forms are not subjected to any negotiation and amendments and are suitable for wide array of similar projects and works. The initial set of standard forms was formulated by the government department of UK for works in the public sector. Inspired by their concept, many other professional bodies also devised their versions of standard forms (Bunni, 1997; Ismail, n.d.). Among various standard forms of construction contracts are ICE 7 (Institute of Civil Engineers), NEC 3 (New Engineering Contract), JCT (Joint Contract Tribunal), FIDIC (International Federation of Consulting Engineers), AIA (American Institute of Architects), EJDC (Engineers Joint Contracts Documents Committee), etc. (Murdoch Hughes, 2007). There are several advantages associated with the use of standard forms of construction contracts. Basically, standard forms originate from different sectors of construction industry for various reasons (Murdoch Hughes, 2007). They have been devised as an output of a process of negotiation between various sectors of the industry; hence, they represent a compromise between the interest groups of the industry (Murdoch Hughes, 2000). Also, as numbers of interest groups are involved and considered in the formulation of standard contracts, there is better possibility of fair and balanced risk allocation among the parties involved (Murdoch Hughes, 2007). The prime reason that inclines construction personnel to adopt standard form of contracts is familiarity. The major advantage of using a standard contractual form is that by repetitive use of the document one becomes familiar with its content, and hence is conscious of both its strengths and drawbacks (Broome Hayes, 1997). The contractual complexities associated with any type of contract are often rather typical to understand. The use of standard contractual documents aids in familiarising the various contractual clauses and provisions to the users (Murdoch Hughes, 2007). This familiarity with the content and clauses of the contract leads to lesser number of disputes and misunderstandings. The possibility of redundancy is also removed (Broome Hayes, 1997). In addition, the repetitive use of these forms leads to development of experience bank and result in increased efficiency (Bunni, 1997). Precedent is another important factor which generates from being similar with the contract and is favorable to the involved parties. In the scenario when a disputed project is taken to court, the standard contracts enable the lawyers to advice their clients regarding the probable result of the case, as judges are bound to follow the previous decisions (Broome Hayes, 1997). Standard forms of contracts have been reported and observed to assist the conduct of trade (Murdoch Hughes, 2000). Another factor which attracts personnel towards standard contracts is that it reduces the focus on specific contractual terms during the bargaining process (Murdoch Hughes, 2007). These forms are helpful in reducing the cost linked to tendering and contract administration. This is contrary to the amended forms of contracted which require the clients and tenderers to seek additional legal advice and the probability of the disputes resulting from unfamiliar terms also increase (OGC, n.d.). These forms lead to saving in time as drawing up of contracts from scratch is a tedious task (Ismail, n.d.). Standardisation of the contract forms provides basic legal frameworks which recognise the rights, obligations and duties of the parties and highlights the ambit of the powers and duties of the contract administrator (Nayagam Pathmavathy, 2005). Furthermore, standardisation of contracts leads to higher degree of certainty and fairness during tendering process. They become the basis of comparison and evaluation and familiarity with the content makes it convenient and faster in pricing as well (Bunni, 1997; Ismail, n.d.). As aforementioned, there are various institutions which have developed standard forms of contract. One of the most used and popular set of standard forms of contract have been developed by International Federation of Consulting Engineers (FIDIC). These forms have been in use for international construction projects ever since their formulation in 1957. The FIDIC contracts provide a comprehensive code which can be applied with ease in any legal system. The input has been provided from both engineers with experience of many engineering projects and lawyers with wide array of experience drafting construction contracts. The acquaintance with these contracts has offered the construction industry benefits in both tendering and project management. The contracts offer balanced and clearly defined risks between the contracting parties. FIDIC believes that it only a fair and balanced contract which is in the lasting best interest of all concerned. The contracts account for all possible and prob able risk factors as well as clearly define the role of all involved parties. These aspects of the contract facilitate in reducing the number of unwarranted disputes and litigations (Thomas, Glover Hughes, 2006; Wade, 2005). FIDIC and other similar standard forms of contract are favourable to the construction industry as they facilitate the saving of both time and cost two success criteria for any type of construction projects. With the exception of few entirely unique projects, construction projects often share their main characteristics and these standard forms are devised considering the same. Reference: Broome, J.C. Hayes, R.W., 1997, A comparison of the clarity of traditional construction contracts and of the New Engineering Contract, International Journal of Project Management, Vol. 15, No. 4, pp. 255-261 Clegg, R.S., 1992, Contracts cause conflicts, In Construction Conflict Management and Resolution, 25-27 September, UMIST, pp 128-144 Ismail, Z., n.d., Standard Forms of Construction Contracts, Lecture on Construction Law, available at: http://www.scribd.com/doc/10109497/Lect-2-Standard-Forms, accessed 11/02/2010 Nayagam, K. Pathmavathy, N., 2005, Drafting Construction Contracts, Legal Insight, Issue 2, page 5-7 Murdoch, H. Hughes, W., 2007, Construction Contracts, Edition 3, Routledge, pg 101-117 Murdoch, H. Hughes, W., 2000, Construction Contracts Law and Management, Edition 3, Spon Press Office of Government Commerce, n.d., Procurement and Contract Strategies, Achieving Excellence in Construction Procurement Guide, available at: http://www.ogc.gov.uk/documents/CP0066AEGuide6.pdf, accessed 10/02/2010 Othman, N., 1997, Management of variations in construction contracts, In A. Thorpe (ed.) Proceedingsofthe13th Annual Association of Researchers in Construction Management (ARCOM), 15-17 September, Kings College, Cambridge Robinson, N.M. Lavers, A.P. 1996, Construction Law in Singapore and Malaysia, 2nd Edition, Butterworths Thomas, C., Glover, J. Hughes, S., 2006, Understanding the new FIDIC red book: a clause-by-clause commentary, Sweet Maxwell Wade, C., 2005, The FIDIC Contract Forms and the New MDB Contract, International Construction Contracts and the Resolution of Disputes ICC-FIDIC Conference Paris 2005 Zaghloul, R. Hartman, F., 2003, Construction contract: the cost of mistrust, International Journal of Project Management, Vol. 21, pp 419-424

Compare and contrast images of heroism in these two poems

Heroism is a trait that we seem to have no problem identifying, yet when asked to define what a hero is a myriad of answers emerge. This phenomenon is not unique to today's society; the definition of a hero is something that is constantly under revision and debate. An example of this can be seen in two older pieces of English literature: Beowulf, written circa 750-900, and Sir Gawain and the Green Knight, written circa 1375-1400. These stories both have a main character that possesses heroic qualities, many of which are very similar. Gawain's identity as a hero is not clearly demonstrated, but when compared with Beowulf, who is demonstrated to be a hero, hiss merits earn him that title as well. Exactly what defines a heroic act, or a hero for that matter? Often times we dismiss the question due to its complex nature. But when confronted with an individual with heroic qualities we readily identify them as a hero. So what set of traits makes up this amorphous definition that we call hero? I would agree that the very definition is one that is dependent upon the time and society in which its context is being used. A person who shot someone to save the life of another may be viewed as a hero under the scrutiny of one culture, but in a different time or location the very opposite may be true. Nevertheless, heroes exist and posses these ever changing heroic qualities. Beowulf is clearly demonstrated to be a hero, and we can observe the qualities he possesses to enable him to have that title. While Sir Gawain's heroic accomplishments are a little more debatable, I would argue that he deserves the same title; he exudes qualities which can be considered heroic in the context of Arthurian Legend as well as today. Although we can attribute no authorship to Beowulf or Sir Gawain and the Green Knight, we can see that Beowulf was meant to be a hero and if nothing else, Gawain was portrayed as the story's protagonist. One such way this was done was by having neither of the main characters as all powerful rulers; in fact each Beowulf and Gawain served some sort of higher authority. Beowulf, throughout approximately 2/3 of the story serves Hrothgar. Similarly, Gawain was not ruler of his domain but served King Arthur. It is important to note that while both served other men, they were not themselves servants. Beowulf traveled from his land to assist in the destruction of Grendel, and Gawain chose to be a knight of the Round Table and indeed viewed his service to Arthur and his kingdom as an honor. By the construct of having both main characters serve others, the author has created more capacity for heroism to become apparent. If the President of the United States were to prevent nuclear war, the people would obviously be relieved and grateful that he fulfilled his duty. If a soldier on the field accomplished the same task, he would be regarded as a true hero. Transcending one's traditional role and going above and beyond is a characteristic which helps to set heroes apart from other people. Sir Gawain goes above and beyond his role when declaring his intention to battle the Green Knight. â€Å"I would come to your counsel before your court noble. /For I find it not fit, as in faith it is known, /When such a boon is begged before all these knights, /Though you be tempted thereto, to take it on yourself† (lines 347-350) King Arthur at this point had already accepted the challenge, yet Gawain decided to take his place because he was aware of the danger and risk involved in letting the King fight. He admits just a few lines later that â€Å"I am the weakest, well I know, and of wit feeblest; /And the loss of my life would be least of any;† (lines 354-355) This indication that is ability to fight is low makes his decision to fight that much more heroic, and this is all done in the name of Arthur. Beowulf, on the other hand, does not have an issue of inferior strength, but quite the opposite- he seems to posses a sort of superhuman strength. Even so, his level of self restraint and wisdom prevents him from overthrowing Hrothgar despite his superior abilities. This amount of loyalty and service is a trait that helps develop his character even further as a hero. Both Gawain and Beowulf having been in similar instances serving a higher authority have shown heroic qualities although they may have differed. While the two main characters in discussion are being portrayed as heroes, they are still human and have fallibilities. It is the dynamic experience, the rise and fall of these characters which makes them real and human, that shows what they are truly made of. This insight may prove to be disappointing or disheartening for many, I find the revelation to be comforting as it reasserts that a hero isn't an idyllic state but a condition which can be humanly attained. Beowulf's rise and fall is demonstrated rather clearly throughout the progression of the story. At his peak, he kills Grendel with his bare hands. In the second encounter with Grendel's mother he is victorious, but requires the use of armor and the sword Hrunting. As time passes, he becomes king. He helps to slay the dragon that is terrorizing the land with the assistance of Wiglaf and his men, but at the cost of his life. This failure of his strength is foreshadowed earlier by Hrothgar, â€Å"Choose dear Beowulf, the better part, /eternal rewards. Don't give way to pride. /For a brief while your strength is in bloom/ but it fades quickly† (lines 1759-1762). Beowulf's wisdom, which he relies on throughout the story even diminishes as he faces the dragon, as shown when he elects to strike first by himself with full knowledge that his strength is not as great as it used to be. Another interesting point is that while in the service is Hrothgar is heroic qualities shown through but when he became leader, he was still a hero but many of the qualities such as his wisdom and strength in this instance have decreased. Likewise to Beowulf, Gawain experiences a rise and fall. His circumstance is slightly different than Beowulf's however. Gawain's worthiness to even be named a hero is often put into question, and his final deeds tend to overshadow the previous ones when that consideration is made. This is an unfair judgment as no one would rescind Beowulf's status as a hero because of his pride blinding his judgment towards the end of his life, but would still consider him a hero because of his previous heroic actions. The same is true of Sir Gawain. Near the end of the story when he thinks he will die and flinches when the ax is coming down on his neck, he's viewed as a coward. I'll concede that it was a cowardly thing to do, but then I'm forced to ask the rhetorical question, â€Å"What would you do? † Moments later, Gawain recomposes himself, doesn't flinch and gets nicked. Of course, one could argue that Gawain is a coward disguised as a hero because of his protest to the Green Knight claiming his debt is paid, and that he decided to use the green girdle. First of all, Gawain spends the rest of his days lamenting his decision to use the girdle, so he isn't ignorant of what he as done. Secondly, there is absolutely nothing heroic about dying without a cause, which is what would have been the case had the Green Knight carried out his threat. I see no harm done in preparing oneself for an encounter such as the one he went through. We often laude heroes for their cunning in wisdom, so why should those same traits in Gawain be looked upon negatively? While there are many more facets to declaring someone a hero, these are a few that both Beowulf and Gawain share. Beowulf demonstrates that its namesake is a man who is supposed to be regarded as a hero. This same intent is not made in Sir Gawain and the Green Knight, but when the two are compared with each other, Sir Gawain is shown to be a hero, not a simple coward that he may initially appear to be.

Importance Of Emotional Intelligence - Free Essay Example

Sample details Pages: 3 Words: 821 Downloads: 7 Date added: 2019/05/16 Category Psychology Essay Level High school Tags: Emotional Intelligence Essay Did you like this example? Emotional intelligence is the ability to manage, connect and influence your emotions and those of others. In other words, is using emotional information to navigate in social environment. Although it has been defined in many ways, interest in this field has increased greatly over the last decade. Don’t waste time! Our writers will create an original "Importance Of Emotional Intelligence" essay for you Create order In the past ten years, emotional intelligence has generated a great amount of interest both within and outside the field of psychology. Emotional intelligence has been shown to have an effect on important life outcomes such as creating great personal relationships and achieving enormous results at work. Even though some researchers have been very optimistic about the importance of El in organizations, some critical questions remain about the concept and measurement. Emotional Intelligence was a term invented by two researchers: Peter Salovey and John Mayer, who proposed a model of emotional intelligence to address a growing need in psychology to study individual differences in abilities related to emotion. This resulted in creation of the first ability-based tests of emotional intelligence also known as ?THE FOUR-BRANCH MODEL OF EMOTIONAL INTELLIGENCE. The first branch of emotional intelligence includes perceiving emotions. This is the ability to notice and interpret emotions in people faces, pictures, and voices. It also includes the ability to identify ones own emotions. Perceiving emotions involves processing of emotional information; therefore, is the most basic aspect of emotional intelligence. The second branch of emotional intelligence includes using emotions, which is the ability to control emotions to facilitate various intellectualactivities, such as critical thinking and problem solving. The third branch of emotional intelligence includes understanding emotions, which is the ability to understand emotion language and to value complicated relationships among emotions. The fourth branch of emotional intelligence, managing emotions, consists of the ability to regulate emotions in ourselves but also includes the ability to manage the emotions of others.The order of the branches, from perception to management, represents the degree to which the ability is integrated within his or her overall personality. There are many ways to measure emotional intelligence, but the most reliable is the MSCEIT (Mayer, Salovey, Caruso,2002). The MSCEIT has eight tasks: two for each of the four branches of emotional intelligence. In general, El measures have demonstrated adequate internal consistency reliability. Since the concept was invented, supporters of emotional intelligence have claimed that emotional skills matter in almost every area of life from career success to being liked byothers. Although there is no clear evidence, research using the MSCEIT has corroborated a few of them and has offered some new insights. A study was conducted with college-aged students, who were asked to take the MSCEIT test. Based on the results males who scored lower on the MSCEIT reported engaging in drug abuse and consuming more alcohol. In addition, these students reported having more unsatisfying relationships with their friends. On the other hand, students who scored higher on the MSCEIT were more likely to report having positive relationships with others, including greater perceived support from their parents and fewer negative interactions with their close friends.Emotional intelligence also may be important at work. A few employees of a Fortune 500 insurance company, who worked in small teams each h eaded by a supervisor, completed the MSCEIT. All employees were asked to rate each other on the qualities they performed at work, such as handling stress and conflict well and displaying leadership potential. Supervisors as well rate their employees. Employees with higher scores on the MSCEIT were rated as more responsible for creating a positive work environment. Their supervisors rated them as more tolerant of stress, more sociable, and having greater potential for leadership. Despite its small amount of people participated, the study shows new evidence that emotional intelligence might play a great role in the workplace in the future. Furthermore, future researches need to be done to better understand positive and negative emotional intelligence effects. In fact, emotional intelligence may be a more important contributor to success in life than IQ. In my opinion, emotional intelligence is very sophisticated concept and can be interpreted in different ways. The reason I choose this topic was to enhance understanding about the topic because prior to researching I wasnt familiar with the topic. Personally, I think emotional intelligence is important to first understand and manage your own emotions. Only after you are able to control your emotions, you can try to access other emotions, because in order to understand others you have to understand yourself first. Being able to manage and express correctly your own emotions is a great ability to be learned. For many of us emotional intelligence is not very popular even though is involved in some of the most important things in our lives, such as getting along with people, managing bad moods, and making important decisions. In conclusion, I think emotional intelligence is very important in our life because it can influence our performance at work, mental health, physical health and relationships.

Graduation Speech Dont Forget Where You Came From Essay

Good afternoon, I would like to begin by thanking the staff for the privilege of speaking before you on this bittersweet day. It seems like this past year has been a jumble of excitement, reminiscence of the past and uncertainty for the future. After dreaming about graduating since we jumped off the bus on the first day of kindergarten, its finally here. With the years of number two pencils, group projects and final bells behind us, we find ourselves on the threshold of our future. Yet, its difficult not to timidly glance back at our past and wonder if we are prepared for what lies ahead. Are we ready to face that thing called reality which our parents and teachers have constantly warned us about? I was unsure if I would be prepared†¦show more content†¦I stood in the middle of my new cage nervously laughing out loud at the predicament I now found myself in. Desperate thoughts led me to considerations of scaling the walls or breaking a window. Even though I had only been in the frosty air a few minutes, I was already shivering. And then, I let a frightening thought cross my mind: what if I have to stay in here all night? I could freeze to death. I could just see the headline in the Record: Students Stupidity Leads to Severe Case of Hypothermia. New determination filled my numb body, and I turned instead to the collected know ledge from my years in this very building which now trapped me. It was as if the high school was mocking me, yelling, I hope you listened in all your classes, because now you need that information in order to save yourself. Forget finals, this was my final test of high school. Yet, I suddenly wasnt scared anymore as I thought of all the teachers who imparted lasting knowledge on me. Thanks to Mr. Fulton, I knew I should start jogging around to keep my body temperature up. Then, my mind darted to a random fact from Mr. Patterson s freshman Physical Science class: the body can go two days without water and two weeks without food. I knew I could at least survive until Monday if I had to. This was a relief considering my biology experience in Mr. Ballogs class taught me enough to know the vegetation in theShow MoreRelatedHigh School Graduation Speech : Family, And Seven Years Ago1593 Words   |  7 PagesHome is where your family is, and seven years ago, my â€Å"home† became Wilton Baptist Church. I had just turned twelve when my dad became the full-time pastor in Wilton, but I never thought a group of people could make me feel like I have known them forever. The past seven years has felt like a lifetime. While Wilton has an estimated seventy to eighty members, we are considered a â€Å"small† church. 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