Contract Management - JCT IBC (2005) Contract Advice
A case study providing practical advice to a university (also the client) on the contractual issues around the JCT IBC 2005 contract.
Case Study # 112283 |
4,667 words (
approx. 18.7 pages ) |
13 sources |
APA | 2008
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$ 72.95
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Abstract
This case study aims to provide advice concerning the contractual issues around the JCT IBC 2005 contract. The author creates a scenario where a university is the client who has requested some advice and further clarification concerning the contractual difficulties that have been encountered. The paper relates the background of the situation - the client had deferred possession of the site to the contractor under the terms and conditions as set out the JCT IBC (2005) contract which resulted in the contractor's request to claim for direct loss and expense. The author addresses the issues of direct loss and expense, and adjustment of the completion date as related to the terms stipulated in the JCT IBC 2005 contract. The author explains the roles of parties that might be involved in such a scenario such as architects and sub-contractors. The paper also includes recommendations for better practices for future projects for the client.
Contents:
Introduction
Current Situation
Claims for Direct Loss and expense
Claims for Extension of Time and LADs
Role of the Architect
Procurement Considerations and Implications of Sub Contractors
Conclusion
Bibliography
References
From the Paper
"This report has been produced to provide practical advice to the University (herein 'the Client') on the contractual issues around the JCT IBC 2005 contract. The client proposes to refurbish a Police Authority Building opposite the main campus. The contractor was appointed under a Traditional building contract using the terms and conditions as set out the aforementioned standard form of contract, and has just started on site. The client has already experienced some difficulties and has requested some advice and further clarification concerning the contractual difficulties that have been encountered."
Tags:building contract, contractual difficulties
A brief look at the psychosocial difficulties that parents of young children with severe disabilities may cope with during their child's early years.
Essay # 114686 |
1,091 words (
approx. 4.4 pages ) |
9 sources |
APA | 2009
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$ 22.95
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Abstract
The paper discusses the social isolation faced by parents of children with severe disabilities and examines studies that focus on parental stress and support and their effects on the parents' psychological health. The paper concludes that a great deal of stress exists for parents of children with severe disabilities and social support factors are likely to have an effect upon parents of children with severe disabilities.
Outline:
Introduction
Isolation Common Among Children With Learning Difficulties
Review of Meta-Analysis Relating to Parental Stress and Support
Summary and Conclusion
From the Paper
"This study further demonstrated that the parents who actively sought social support were more likely to receive social support in dealing with the issue of having a child who is severely disabled. Family income was positively associated to the psychosocial adjustment of the parents in this study as was having a marital partner. It is likely that this is due to having the necessary resources to hire additional help to assist the parent with the child as well as having private transportation and other bonuses that go along with a good steady income and the activities that are required in resource-seeking and receiving medical care for a severely disabled child. Additionally the level of cognition of the parent was found to be a factor positively associated with the parents' psychological adjustment. A supportive family environment was also found to be positively associated with the parents' psychological adjustment in the study of Vermaes, Janssens, Bosman and Gerris (2005)."
Tags:isolation, stress, support
This paper, Exporting Democracy: difficulties, Drawbacks, failures and Assessments of Future Democratic Endeavors does just that: goes over how the United States and other first world countries have not been successful in exporting their brand of ...
Analytical Essay # 137822 |
1,250 words (
approx. 5 pages ) |
8 sources |
MLA |
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$ 25.95
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Abstract
This paper, Exporting Democracy: difficulties, Drawbacks, failures and Assessments of Future Democratic Endeavors does just that: goes over how the United States and other first world countries have not been successful in exporting their brand of democracy to developing nations. The paper also goes through how some democracies can be successful if perpetuated from the inside, out, and are unimposed upon.
From the Paper
Exporting Democracy: difficulties, Drawbacks, failures and Assessments of Future Democratic Endeavors "It is almost universally felt that when we call a country democratic we are praising it: consequently the defenders of every kind of rAfA(c)gime claim that it is a democracy, and fear that they might have to stop using the word if it were tied down to any one meaning. Words of this kind are often used in a consciously dishonest way. That is, the person who uses them has his own private definition, but allows his hearer to think he means something quite different" . George Orwell was right in assessing a version of democracy in this way- often, when countries export their brand
Tags:democracy, countries, foreign relations
A discussion on the difficulties faced by African Americans after abolition.
Term Paper # 133438 |
750 words (
approx. 3 pages ) |
2 sources |
MLA |
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$ 16.95
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Abstract
The paper relates that in the years following the abolition of slavery, the lives of African Americans, particularly in the American South, were not cleared of the hardships and tribulations which had filled them for the decades before. The paper reveals that in many ways, these people who had for so long been treated as almost subhuman were now mistreated just as badly as before. Using two primary documents, this paper details the difficulties that African Americans still faced after abolition.
From the Paper
"In the years following the abolition of slavery, the lives of African Americans, particularly in the American South, were not cleared of the hardships and tribulations which had filled them for the decades before. In many ways, these people who had for so long been treated as almost subhuman were now mistreated just as badly as before. Using two primary documents, "When We Worked on Shares, We Couldn't Make Nothing" by Henry Blake and "Ku Klux Klan Violence in Georgia, 1871" by Maria Carter, this paper will detail the difficulties that African Americans still faced after abolition, looking especially closely at the relationships between..."
Tags:african, americans, slavery
A discussion of the difficulties that many African Americans continued to face after the abolition of slavery due to their relationship with White Southerners.
Term Paper # 103969 |
868 words (
approx. 3.5 pages ) |
2 sources |
MLA | 2008
|
$ 18.95
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Abstract
This paper details some of the difficulties that African Americans continued to face after the abolition of slavery. It looks especially closely at the relationships between Black and White Southerners and the perceptions that these two groups had about one another. The paper discusses issues of ownership, perception, status and violence.
From the Paper
"After the end of slavery, Blake notes that it was also hard for blacks to have anything of value for their own. As slaves, they were allowed things like whiskey and food and other extra items. But as a hired person working as a sharecropper, "we couldn't make nothing, just overalls and something to eat" (Blake). It seems that the white man had become used to making so much from slaves, that he still found a way to make as much by making sure the blacks just made even less than they had before. Life after slavery found blacks with even less than they had materially as slaves."
Tags:status, ownership, perception
This paper discusses contractual offers and how to control them.
Analytical Essay # 130603 |
2,500 words (
approx. 10 pages ) |
0 sources |
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$ 45.95
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Abstract
This essay provides an overview of an offer in a contract setting, including the requirements of a contract, the identity of the parties, the essential requirements of an offer, the identity of the parties and price term, the requirement of communication, the revocation of offers, and the expiration of offers. The essay also provides a description of means of controlling an offer.
Tags:contract, offer, promise
An argument as to why it is difficult to apply, with any uncertainty, contractual and tortuous principles to issues concerning allegedly defective software.
Persuasive Essay # 269 |
2,230 words (
approx. 8.9 pages ) |
30 sources |
2000
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$ 41.95
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Abstract
Introduction
Software License Agreements, within the "Tort of
Negligence", and Implied and Express Terms
Defective Software and the Economic and Potential
Liabilities
Conclusions
From the Paper
"Computers and IT have become embedded into our daily lives. Incompetence of a system or its failure can lead to adverse effects on people's lives and this is where software producers have to inadvertently take "responsibility" of the systems they build and the software that operates them. Any economic loss or physical harm cannot be excluded from a contract, unless it is "reasonable" and "rightfully justified""
Tags:it, law, software
A review of Professor Anthony De Jasay's book, "The State".
Book Review # 6743 |
3,400 words (
approx. 13.6 pages ) |
1 source |
MLA | 2002
|
$ 57.95
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Abstract
A paper which shows how Oxford University Prof. Anthony De Jasay presents an extremely negative view of the modern constitutional, contractual state in his book "The State". The author of the paper shows that the issues De Jasay raises in his book are both relevant and pertinent to some of the philosophical difficulties of government afflicting the modern United States and modern states across the globe.
From the Paper
"De Jasay, over the course of his analysis, presents a rather interesting view of the nature of the state as a governing entity. Within his metaphor of the chastity belt with the key lies the assumption that the government, i.e. the state, exists in a perpetual state of desire. The state by its very nature, like a knight of old wishing keep his lovely wife s virtue safe while he is away doing battle, desires to keep safe individual liberties that ensure the perpetuation of citizen s liberties and that the state s very free and open nature remain intact and untouched. Yet also that same state has the desire penetrate (for lack of a better word) the individual freedoms of the populace. To prevent rampant penetration of individual liberties, a constitution is put into place that prevents rights from being impinged upon, but that constitution is state-created and thus has a key."
Tags:political, constitution, contractual, government, Proposition, 13, NAACP
This paper argues against Governor A. Schwarzenegger of California, who wants to base teacher's pay on performance evaluations rather than tenure.
Argumentative Essay # 74782 |
945 words (
approx. 3.8 pages ) |
4 sources |
APA | 2006
|
$ 20.95
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This paper explains that teacher tenure protects competent teachers from non-renewal of their contracts for reasons not related to their ability to fulfill their contractual agreements, such as conflicts of belief or personality with administrators, more influential colleagues or others who might abuse their position or power. The author points out that Schwarzenegger believes the current system tolerates ineffective teachers and encourages ineffective teaching; his approach would retain local control but require that salary decisions be based on some judgment of each teacher's effectiveness, not education and experience. The paper states that Schwarzenegger's proposal, if passed, will not improve the condition of education in California because it will deprive children of teachers who may want to enter the profession but will likely be discouraged by new difficulties achieving job security in the teaching profession.
From the Paper
"Schwarzenegger's proposed measure will also make teachers more vulnerable to patronage and political whims. Because of the difficulty in coming up with concrete and measurable standards for evaluation, the merit system is likely to end up being highly politicized and subjective, with school management officials constantly threatening inappropriately poor evaluations over teachers who dare question their authority or offer different points of view in educating their students. The result may be disastrous to the children of California as with an evaluation process that is less than credible, quality teachers may be deprived of job security while their less qualified peers who are blessed with more "political savvy" may end up running California's schools."
Tags:evaluation, union, protection, patronage, accountability
The paper discusses the legal issues arising from interpretations of Contract law and Agency law.
Case Study # 109183 |
1,542 words (
approx. 6.2 pages ) |
3 sources |
APA | 2008
|
$ 30.95
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Abstract
In this paper, the writer describes the case of an individual who entered into two separate legal situations, one contractual and the other relating to Agency law. The writer relates the difficulties that arose during the course of these transactions and of the legal action taken by the individual to gain compensation for alleged losses. The author examines the history of the two disputes and the legal differences between the two cases.
From the Paper
"In Jose's mind, he had accepted the Winnebago owner's final offer to sell the Winnebago for $25,000. According to the Winnebago owner, his original offer was to sell the vehicle for $30,000. When Jose offered $20,000 instead, that was a counteroffer which he rejected immediately. The Winnebago owner had then made a new offer to sell the vehicle to Jose for $25,000 which Jose never accepted, because when Jose responded "OK. If you change your mind, please call me," that was a rejection of his last offer. As of that rejection, the parties no longer had any outstanding offers or counteroffers on the table any longer except for the seller's original published offer of $30,000. Unfortunately for Jose, the lawyer he consulted confirmed the Winnebago owner's point of view and advised Jose to forget about any claim against him for breach of contract (Halbert, 24)."
Tags:law, contact, agency, claim, lawyer, business