Abstract Federal contracts for construction, while similar in many respects to other types of federal contracts, have some unique aspects that have caused the federal government to create a system of rules within the Federal Acquisition Regulation (FAR) specific to construction contracts. The federal government has been justified in creating these rules separate from those that apply specifically to supply and service contracts. This paper focuses on some of the unique rules and regulations that apply to federal construction contracts, including those related to contract types, labor laws, specifications, payments, delays, and differing site conditions.
Abstract
Overview
Contract Types
Federal Construction ContractingLaws Contract Performance and Specifications
Payment Financing
Delays
Differing Site Conditions
References
From the Paper "The federal government is the largest owner of real property in the world (Bastianelli, et. al., 1998), so it stands to reason that they spend an enormous amount of money on construction and maintenance of that property. It is difficult to gauge exactly how much the federal government spends on construction annually, but it is noteworthy that the Department of Defense alone planned to award over $10 billion on construction contracts in 2002 (Bush, 2001). Because of this significant amount of construction outsourcing, and the intricacies that go along with construction contracting, the federal government has been justified in developing unique regulations and rules for construction contracts. The federal government, in the Federal Acquisition Regulation (FAR), defines construction as, ?"construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property"? (FAR 2.101). Determining whether or not something is considered a building or a structure is general straightforward, although there are always exceptions. However, the line defining whether or not something is real property can, at times, be somewhat unclear. The FAR does not provide a definition for real property, but in federal contracts the common legal definition is used, that real property is, ?"land and all things that are attached to it"? (Lectric Law Library, 2003). Though many of the clauses, terms and conditions, and rules applicable to federal construction contracts are the same, or similar, to those that are used on federal contracts for supplies, there are a number of differences in the nature of contracting for construction that have caused the federal government to create separate laws that deal specifically with federal construction contracts. One of the major differences is that construction contracts are performed on Government property. Because of this, construction contractors are subject to a great deal more in the area of inspections and general surveillance on their contracts (Abernathy and Kelleher, 1976). Construction contracts typically have much more paperwork than federal supply contracts. On construction contracts, a contractor is required to file daily reports showing that they complied with all the unique construction regulations, including safety, schedules, and submittals of material samples (Arnavas, 2001, ?? 27.4.a.). Construction contracts are subject to much greater scrutiny on performance than supply contracts, as detailed analysis and explanation of any deficiencies are reported to contractors and contractors have the right to respond. Past performance information is also kept on construction contracts for six years, where the norm on supply contracts is three years (Arnavas, 2001, ?? 27.4.a). Other differences that will be the focus of this paper include contract types, labor laws, specifications, payments, delays, and differing site conditions."
Abstract This paper uses the roles of the mothers-in-law in the novels "Tartuffe" by Moliere and "The Stone Angel" by Margarette Laurence to demonstrate how the mother-in-law can hold a considerable amount of influence over her grown and married children's lives, whatever her role or relationship with family members and in-laws.
From the Paper "Over the years, the role of mother-in-law has taken on many different forms. The stereotypical view of a mother-in-law is that of an overprotective and overbearing woman who sticks her nose into the relationships of her offspring and causes nothing but problems. While this has surely happened at some point during nearly every relationship, mother-in-laws are much more than that. Maintaining a good relationship with a mother-in-law is a very important part of any relationship because of the power that she holds over other members of the family. In fact, the entire outcome of a relationship can depend on how one handles his or her mother-in-law. In the play "Tartuffe," by Moliere, Tartuffe is able to manipulate Madame Pernelle into believing that he is a man of God who has nothing but good intentions. This allows Tartuffe to gain access to the family, despite the fact that nearly everyone else had trust issues with him. At the same time, however, in the novel The Stone Angel, by Margaret Laurence, Doris does not have a good relationship with her mother-in-law and her marriage suffers because of this."
Abstract This paper discusses laws that apply to breach of contract, related to an interview the writer conducted with Mr. James Pflanz (a lawyer specializing in small business issues). The writer explains how the law of contract is part of private law, and is designed to make sure that parties to a contract keep their promises to each other, and to provide remedies if parties do not keep their promises. The writer further discusses how in the case of partial or complete breach of contract, the wronged party may use contractlaw to try and get a remedy, which is usually damages. The writer asserts that it is very important in business to have a really good contract drawn up by a lawyer, so that a party does not suffer undue losses due to breach of a poorly written contract.
From the Paper "One of the main purposes of contract law is to promote cooperation between parties, and make them keep their promises to each other. When parties cooperate and keep their promises, they can achieve success. However, if they do not work together and cooperate, or if they break their promise, then things can go very wrong. Money may be lost, and it may become a situation where the different parties blame each other for losses. Or else, it may be that a party does not do what they were supposed to do, or do it properly. In this situation, the law of contract lays down ways in which the wronged party can sue for breach of contract. This is the kind of situation I uncovered in a personal interview with Mr. James Pflanz, a lawyer specializing in small business issues."
Abstract This paper discusses the differences between tort law and contractlaw, and how they impact on the individual and/or organization. According to this paper, taking legal action based on tort law and contractlaw, is not simple. One has to taken the issues involved into very careful consideration. This paper reviews the issues and the necessary steps to be taken.
From the Paper "Tort law and contract law specifically impact individuals or organizations that believe that they have encountered others who have negatively impacted them in an intentional manner. Yet, the determination of finding legal recourse through tort law or contract law requires specific attention to the actions that have occurred, as well as whether or not those actions may encompass both areas of law in relation to the individual. Contract law is, by definition, an agreement between two parties in which both are willing to enter into a binding mutual exchange where both entities benefit. The contract states what the parties are willing to exchange and generally provides all of the stipulations of that agreement in documented or verbal form (Rowley). The documentation or verbal agreement allows the parties to have proof of their intentions, and should those intentions not be met either party has a legal recourse through lawsuit as necessary."
Abstract While the United States and Australia are literally a world apart geographically, the two countries share much in common today, including the English language; a legacy of British influence, customs and traditions; a comparable constitution; and, more importantly for the purposes of this discussion, the common law. The research shows that the respective contractlaws that evolved over time in these two countries share this heritage, but some important differences have emerged that can make the difference between a successful contract and a failed one. Given the importance of timely and equitable adjudication of contracts of all types today, though, it is therefore important to understand when these legally binding instruments can be set aside and for what reasons. To this end, this paper provides the relevant background and a discussion of how and why contracts can be set aside in Australia and the United States. This is followed by a summary of the research and salient findings in the conclusion.
Outline:
Introduction
Review and Discussion
Background and Overview
ContractLaw in Australia and the U.S. - Current and Future Trends
Conclusion
References
From the Paper "In fact, the legal system used in the United States and in most of the member states of the Commonwealth of Nations, including Australia, in based on this body of common law. As a result, common law is differentiated from formal rules that were developed by the separate acts of equity, to statute law (i.e., the acts of legislative bodies), and to the legal system derived from civil law that is now more popular in continental Europe and elsewhere (Kiralfy 2006)."
Abstract Generally speaking, a contract is an agreement that is enforceable through the courts. Clearly, in order for all of the parties to any given contract to achieve the desired goals of the agreement, everyone involved must be informed of the circumstances and facts surrounding the agreement. It is important to capture all of the elements required for its execution when crafting the instrument. People - even lawyers - are only human, though, and intentional and unintentional mistakes and misrepresentations are sometimes made in contracts that can have profound implications for all of the parties involved. To gain a better understanding of what these implications might be, this paper provides an overview of contractlaw, and what the authorities have to say about contracts containing mistakes and misrepresentations. A summary of the research is provided in the conclusion.
Outline
Introduction
Review and Discussion
Background and Overview
Mistakes and Misrepresentations in Contracts Elements Required for a Contract to be Valid
Conclusion
References
From the Paper "The research showed that contracts are a special type of agreement between two or more parties that is enforceable in court. In order for a contract to be enforceable, though, the three key elements of consideration, capacity, and legality must be satisfied. To meet the legality element of this formula, a contract must be free of misrepresentations; however, mistakes can and are made all of the time in contracts and these can be remedied if all of the parties agree to it. In many cases, though, courts will enforce contracts even if they contain mistakes if the contract was made in good faith and satisfies the other requisite elements. Misrepresentations, though, generally represents a death blow to any contract if it is determined that one or more parties intentionally misled the other party or parties, and mistakes based on such misrepresentations will not be a legitimate defense for this misrepresenting party or parties."
Abstract This paper explores e-commerce and the legality of such translations that are increasing so rapidly. The paper examines the formation of electronics contract and discusses the position it holds in law. Case studies are included in the paper.
From the Paper "Amazon.co.uk is a web site company that sells books, DVDs, CD's, software and video games. In their terms and conditions, it says: Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Amazon.co.uk sends the e-mail to you (whether or not you receive that e-mail)?? As in the postal rule ? whether or not acceptance is received, it will be deemed to be an effective contract."
Abstract This paper attempts to explore the capacity of minors in the United States to form contracts, to break contracts and their legal liabilities for doing so. The paper touches on issues including the rights of other parties to such a contract and the concept of emancipation of minors. The paper defines minors and age of majority and also presents a historical context.
From the Paper "The law of contracts is concerned with the rules governing legal agreements. Contractual capacity is the minimum competence required by law for a party who enters into a contract to be bound by it. Certain persons are not considered to have sufficient capacity to be bound to or by contracts they may sign. A minor is normally deemed not to have such capacity. A minor is a person who does not have the legal rights of an adult."
Abstract In this article, the writer notes that philosopher John Locke is one of three individuals responsible for developing the social contract theory in 1690. The social contract theory was designed during the time of British rule in a time where Locke felt the government should protect its citizens and those thoughts and theories are believed to be apart of the formation of the United States government involved in the Declaration of Independence and parts of the United States Constitution. The writer discusses that interpretations of the social contract theory extend into modern day society as seen with examples of behavior between prison inmates as well as healthcare afforded under the Eighth Amendment. The writer concludes that although the social contract theory by Locke was developed in 1690, it has shown to be very relative in terms of the standards of today's society.
Outline:
Introduction
Defining Social Contract Relationship to Criminal Justice
Prison Inmates and the Eighth Amendment
The Social Contract Theory and Urban Environments
Conclusion
From the Paper " The social contract theory has a relationship in the criminal justice field in many aspects. The social contract theory discusses that individuals give up certain freedoms in order to receive protection from the state. An example of the social contract theory can be seen within the prison inmate population and their interactions with each other. As a new inmate enters the prison system, if that inmate does not immediately stand up for themselves they become the prey of other inmates. The more senior inmates sense this and thus offer that inmate protection but at a significant cost. This inmate then gives up their individualism, forced to commit crimes behind bars, and privileges to the inmate offering their protection and becomes property of that inmate."
Abstract This paper is a careful examination of the similarities and differences in the business and legal climates in the UK and U.S. It discusses how the common law heritage of most of the countries in the United States (Louisiana's law are based largely on the Napoleonic Code) and the United Kingdom ensure a number of similarities in the manifestation of contemporary laws. It points out, however, like the electrical outlets and doorknobs in use in both countries, a sufficient number of differences exist to make direct comparisons between the two nations difficult but interesting. It explains how it has been shown that traditional contractlaws in the U.K. and U.S. have both developed rules and principles that control the voluntary assumption of obligations, regulating the performance of obligations so assumed, and providing sanctions for failure to perform. The writer concludes that both countries' cultural traditions are reflective of the respective country's heterogeneity and its central importance in world affairs over the past several centuries.
Outline
Introduction
Review and Discussion
Conclusion
From the Paper "The United Kingdom and the United States share a common heritage, language and culture. Even the U.S. Constitution itself was significantly influenced by the political concepts emerging from the U.K. at the time. Today, the two countries are staunch allies in the war on terrorism, and both countries continue to enjoy high levels of trade with each other. Notwithstanding the many commonalities between the two English-speaking nations, a sufficient amount of dissimilarities exist and a better understanding of these differences can provide some insight into how these countries engage in business today."
Abstract The paper explains how contracts serve as private agreements that have the purpose of ensuring that promises between two parties are carried out. Individuals enter into legal contracts willingly as a means of protecting their interests in whatever ventures the contract relates to. Furthermore, the paper explains that when contracts are signed, the parties traditionally believe that the agreement, if broken, will be enforced through the judicial system.
This paper uses a case study to examine United Kingdom Consumer Laws and Consumer criminal laws. The laws are meant to protect consumers against defective and unsafe products and services.
Abstract United Kingdom Consumer Laws and Consumer criminal Laws are meant to protect consumers against defective and unsafe products and services. They can be invoked if a consumer feels he was taken for a ride and given product or service, which did not meet his needs or was faulty in any sense. We need to understand that certain conditions apply when these laws are made use of to bring charges against a trader. For example, the nature of product or service doesn't count at all but the length of use; special seller instructions, representation of a product etc. play a dominant role in determining the exact nature of breach of contract between the seller and the consumer.
Proposal-Introduction
Executive Summary
-------Rights and Liabilities-Used car
-------Rights and Liabilities-Seat cover
-------Rights and Liabilities- Cell batteries
-------Rights and Liabilities-Re-roofing
-------Rights and liabilities-Dogs
Conclusions/Recommendations
From the Paper "Eleanor and Nicos needed to purchase a second-hand car and visited Solid Cars for this purpose. There they found a Range Rover, which was being offered for ?2,000. The salesman informed them the original engine of the Rover had been replaced with a reconditioned engine. After initial discussions with the salesman, they agreed to purchase the vehicle through their debit card. The salesman however told them few things, which later proved to be incorrect and caused them several problems during test-drive."
Tags: Consumers, Laws, United, Kingdom, Merchants, Legal, rights
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
Abstract This paper examines how Thomas Hobbes' definition of reason and principle of materialism harmoniously function to support his first law of nature. It looks at how, given that all events proceed from the mechanical pushes and pulls of objects in the physical world within a materialist philosophy, reasoning becomes a process by which to sum certain named things and arrive at incontrovertible conclusions. It shows how, with regards to human beings, Hobbes offers affirmations about their nature from which the first law follows as a logical conclusion. These premises conclude that acting in accord with the first law is the surest way to serve a person's primary physical interest, the preservation of their life.
From the Paper "To find that a state other than peace is the most advantageous for human beings would be wrong reason because of error, a deception concerning what actually precedes and follows from given events. This is illustrated in the case of the Fool's claim that the "Free Rider" policy is in the best interest of the individual, and thus the most reasonable course of action, though detrimental to the state. Advocating this line of thought is the affirmation that the Free Rider would garner something by breaking contract, while premises allow thwart the personal surrender of any rights or privileges. "
Tags:contracts, equality, leviathan, materialism, moral
Abstract This paper provides a brief exploration into a case study of commercial law. The case in question refers to a scenario where a hockey league attempted to raise funds through offering a lottery, but there were proceedings that reduced the legitimacy of the lottery process used to distribute the prizes. The paper addresses the facts, and issues relating to the case.
From the Paper "Case Study: Commercial Law I. Facts Tickets to promote a fundraiser for the Beer Guzzlers Hockey League (BGHL) were sold for $50 each, with three winners to be selected at random by a disk jockey at a radio station. The tickets stated the legal conditions as "Winners will be declared in the order chosen from the random draw. ie. First name drawn will win first prize, etc." When the three prizewinners were named, the first drawn was given the third place prize, the second drawn was given the second place prize, and the third drawn was given the first place price."
