Logical Framework Analysis – Definition and Example

Logical Framework Analysis (LFA) LFA is an analytical, presentational and management tool which can help planners to: * analyse the existing situation during project preparation; * establish a logical hierarchy of means by which objectives will be reached; * identify the potential risks to achieving the objectives, and to sustainable outcomes; * establish how outputs and outcomes might best be monitored and evaluated; * present a summary of the project in a standard format; and * monitor and review projects during implementation.A distinction is usefully made between what is known as the Logical Framework Approach (LFA) and the Logical Framework Matrix (LFM). The approach involves problem analysis, stakeholder analysis, developing a hierarchy of objectives and selecting a preferred implementation strategy. The product of this analytical approach is the matrix, which summarises what the project intends to do and how, what the key assumptions are, and how outputs and outcomes will be m onitored and evaluated. The Logical Framework Approach consists of 2 phases – the Analysis Phase and the Planning Phase.The Analysis Phase consists of 4 steps – Stakeholder Analysis, Problem Analysis, Analysis of Objectives and Strategy Analysis whilst the Planning Phase consists of the LFM and Activity and Resource Scheduling. | Intervention logic| Indicators| Sources of verifications| Important assumptions| GOAL| Target groups’ health shall improve| 20% fewer cases of diarrhea, eye infections,malaria, blood parasites| Reports from health clinics inthe project area| | OBJECTIVE| Consumption of clean water shall increase from x to y and the use of latrines from a to b| | Project half –yearly reports| 1.Water sources remainunpolluted2. Primary health care andeducation are still provided| RESULTS | 1. 50% of the target group supplied with sufficient quantities of clean water2. 50% of existing water points in the target area repaired3. Hygienic habits of the target group improved| 1. water quality tested2. 50% of existing water points in working order3. All water points included in the maintenance programme4. Target groups’ habits more hygienic| 1. Project personnel who visit allconstruction sites when theinstallations are complete2.Reports from the District3. Half-yearly reports from theMin of Health 4. Examinations of the target group which is given training in health matters| 1. Maintenance system willcontinue to function2. Action to be taken: budget for current costs to be established at the healthauthority3. Target group is willing toadopt new habits in respectof water and sanitation| ACTIVITIES| 1. 1 Train xx personnel1. 2 Designate xx places for water points1. 3 Procure materials1. 4 Drill and construct xx wells2. 1 Train xx â€Å"water groups†2. Acquire materials2. 3 Repair xx old waterpoints3. 1 Survey present habits of hygiene3. 2 Train in hygiene| Project and costsForeign financingCapital goods ______ Operating costs ______Infrastructure ______Technical assistance (4)Total cost District 1 $_____Total cost District 2 $_____Total foreign cost ______Local financingPersonnel (unit at local health authority) ____Infrastructure _____Maintenance ______Operating costs Total cost District 1 $_____Total cost District 2 $_____Total local cost ____| 1.Necessary capital goods,materials and personnel areavailable2. Action to be taken: study tobe made3. Action to be taken: targetgroup participates in planning, implementationand follow-up4. Implementing organizationfulfils its obligations5. Action to be taken: healthauthorities sign anagreement| INPUT| | CONDITIONS| 1. Adequate supply of ground water of good quality2. Government continues to support the project|

Colorblind

Desire was a young bride that was adopted with no connection to the past that marries a successful Louisianan plantation owner. Desire and Armband have a baby, but something isn't quite right with him because at about three months of age the truth comes out, the baby has African origins causing the marriage to dissolve. Armband's accusation leads to heartache and tragedy because he valued his family name more than his family. Having a mulatto in those times was not unheard of, but not in â€Å"his† family.The cultural system is flawed because it leads to pride being challenged and personal humiliation of social system based on white supremacy and the oppression f women and people of color. Waits 2 Armband's misogynistic pride was destructive to the faithful relationship that Desire and he shared in the beginning. It seems that Armband wasn't really in love with Desire, at least not truly. â€Å"Armband Abusing riding by seeing her there had fallen in love with her.That was th e way all the Bigness fell in love, as if struck by a pistol shot† (301). Armband has known Dsire for years and never felt any feelings for her, so it seems to reason that it was apparent that he was driven by his unconscious assign, or as Sigmund Freud says his lust for her and not as a deep seated emotional love. His prideful name leads us to believe his love is only superficial because he doesn't care where she came from, his only concern was that she carried his last name. Desire was only his possession, not his wife. The passion that awoke in him that day, when he saw her at the gate, swept along like and avalanche†¦ He was reminded that she was nameless. What did that matter about a name when he could give her the oldest and proudest in Louisiana† (302)? Armband is selfish. He has it all, family name that seems to be compared to royalty, a wealthy plantation owner with vast slaves, all of which he's normally cruel to except when he gets married and his pridefu l baby boy was born. Armband seemed kinder, gentler, and more tolerant. †¦ He hasn't punished one of them-not one of them-since the baby is born. Even Engineering, who pretended to have burnt his leg that he might rest from work-he only laughed, and said Engineering was a great scamp† (302). Although his face has softened and his demeanor is less oppressive, still his only concern is the family name. Desire, the baby, and the slaves are still viewed to him as property and possessions, ones that are good or bad, but either way his name is upon them and whatever they do reflects his name.Once Armband realizes that his baby boy, the one to carry on his â€Å"name† was of African dissent, the baby and Desire were cast aside Waits 3 because they were no longer any use to him. Their worth was nothing to him any longer because his pride and heritage were at stake. Armband is a wealthy plantation owner, he courts, marries, and father's a child, but in the end his pride lea ds him to ultimately turn his back on his family. The other major issue that â€Å"Desires Baby† brings to light is that of racism.Racism, with an indispensable set of truths-racism only victimizes all â€Å"possessions† in the South that lead to the ultimate superiority ideology. The superior ideology says that being black is an evil curse that must be stamped out. African Americans were considered inferior to the white culture which led to Desire and her baby's destruction. Armband ruled with an iron fist as a cruel master in Southern legend. â€Å"Young Bigamy's rule was a strict one, too, and under it is Negroes had forgotten how to be gay, as they had been during the old master's easy-going and indulgent lifetime† (302).He was mean and enormously for how he treated his slaves and finally his wife. The baby, at three months old seemed to resemble La Blanches little squadron boy who was standing beside the baby fanning him to cool him off. â€Å"One of La Bl anches little squadron boys-half naked too- stood fanning the child slowly with a fan of peacock feathers. Desires eyes had been fixed absently and sadly upon the baby, while she was striving to penetrate the heartening mist that she felt closing about her. She looked from the child to the boy who stood beside him, and back again.. T was a cry that she could not help†¦ She tried to speak to the little squadron boy; but no sound would come at first†¦ She stayed motionless, with gaze riveted upon on her child, and her face the picture of fright† (303). The quote shows the beginning of the end for the Abusing family. The superficial love that Armband had for Desire, was completely gone. The only thing left was the racist, black heart he had. Waits 4 Merriam Webster defines racism as a belief that race is the primary determinant of human traits and capabilities. Racism played a huge part in the story because once Armband found out that his baby boy had an African heritag e, his whole attitude changed. His attitude towards the love of his life was cast aside along with her baby and hearts were broken. Armband assumed it was Desire that was not white, but in actuality, it was him who was not. â€Å"But, above all,† she wrote, â€Å"night and day, I thank the good God for having so arranged our lives that our dear Armband will never know hat his mother, who adores him, belongs to the race that is cursed with the brand of slavery† (305).The story has certain aspects of situational irony; such a reversal clearly shows that ideas of race, and the racism stemming from such ideas, are created by humans and humans alone. The use of situational irony in â€Å"Desires Baby' is important because it makes the ending of discovering Armband's origins much more powerful. The reader is somewhat confused as to the outcome of the irony because the reader thinks it's Desires fault as well. The story begins with her not having a name and Armband giving he r one of the oldest and proudest names in Louisiana.The irony of the situation was that Armband was expecting it to be Desires fault, but as it is clearly written, it was not. â€Å"Desires Baby† dealt with society's issue of slavery, miscegenation, and the assignment and classification of race. Desire and her baby were victims of the â€Å"superior culture† of the times, but the situational irony where Armband blames Desire is profound in the sense that one can never be too certain of his or her heritage.

Managing Business Marketing Channels & E-Commerce Assignment

Managing Business Marketing Channels & E-Commerce - Assignment Example ver, they need to solve any conflict that may arise during the process of delivering goods to the customer as well as evaluate their performance and reward those who meet the set goals. The two types of channels are the direct where the manufacturer performs all the marketing functions and the indirect channel where the intermediaries are involved to handle the products (Dent, 2011). Today, technology has changed the world, especially when communicating. Information is passed from person to another instantly. To beat the competition, most organizations use the internet to market and advertise their products. They are also able to pass information to customers through email. In addition, customers are able to go online to purchase and pay for goods. In addition, organizations that use the internet to process information and deliver capabilities, both internally and externally are in a better position to compete in the market. Today, most organizations use e-commerce to speed up and automate a company’s internal processes, provide useful information to customers about the products as well as provide timely and efficient solutions to customers. Some of the advantages of using the internet include the reduction of transaction costs, the integration of the distribution of goods, and a wider accessibility to the global

Reasons and Ideas of Democracy Essay Example | Topics and Well Written Essays - 1500 words

Reasons and Ideas of Democracy - Essay Example Democracy in the modern age is best known by the notion, of a people’s governance style. Usually, a government stands at the epitome of authority and is most likely able to govern its people in accordance with its interests, whether good or bad, preferable or not. Democracy, in the ancient times, was first realized among the Greeks in the early century. The word democracy, in Greek, is a two-word meaning â€Å"the people† and â€Å"to rule†, thus can be seen as a rule governed by the people. At the time, the Greek were closer to their people and better at communication than any other country in the world. The monarchical system was viewed as probably the worst to use in governance. In their governance, everybody was involved in making decisions that affected the country. This made them the most civilized nation then. Greek at the time had not embodied democracy maximally as women were still serving as slaves. Fifty years later, this was no longer the case since women slavery was slowly diminishing, thus embracing full democracy. This idea of democracy was later adapted by several countries but hugely by the Romans. Their government was divided into two branches and issues were voted on in order to make sure that democracy was maintained. In the eighteenth century, several ideas had become prevalent. This was especially enhanced by Christianity that teaches that everyone is equal before the eyes of God. This idea of equality became deeply ingrained by the people, and hence a crucial way of determining how decisions were to be handled in government. Some people may view democracy as the best form of governance while others may see it as the worst form of governance. Freedom has been seen as an essential point of governance especially that Democracy is consisted of it. This makes it the best form to use in governance. Democratic nations have people with freer options as compared to those that use autocracy. These rights include voting for the system of power and determining decisions that impact the country. Other include, working as the opposition in criticizing the government and freedom of speech and expression. The representative democracy started when colonialists wanted a fairer system of taxation, thus including representation of people to be able to have a say in the governance of the country. America may not have followed in the Athenian form of democracy but the representative seemed to work really fine, especially in recognizing people’s rights. While in Cairo, president Obama expressed the different forms of democracy within the United States and showed how they may be embraced by other nations in embracing peace. He showed how ideology was recognized for making democracy more effective as a system of governance. The White House, (2009), in the speech that president Obama delivered in Cairo, the president explains how democracy has helped eliminate religious wars and instill peace within his country. He states that the United States, being amongst the most

Timed essay Example | Topics and Well Written Essays - 1500 words

Timed - Essay Example As a function of this, the needs and requirements that this particular demographic has with respect to the website they visit are inherently different as compared to needs and requirements that other demographics may have. Due to this fact, it is necessary for website developers to be cognizant of this differential and seek to promote a level of recognition that engages these differences and promotes understanding and development in terms of accessibility issues and improving the web experience for individuals within this particular demographic. As a function of this, the following analysis will seek to provide a brief and summary discussion of some of the tactics they can be utilized and how they would benefit the overall quality of life and web experience of individuals within the aforementioned demographic. It is the hope of this particular author that such a level of discussion will not only be beneficial in encouraging web developers to consider these facets but to employ them w ith respect to websites that are more and more likely to be visited by individuals representing an older demographic. One major consideration that can and should be leveraged has to do with the native platforms that web developers consider with respect to web users that are 65 years of age and older. For instance, web users that are 65 years of age and older tend not to use Android, iOS, and other platforms that are familiar with individuals from different demographic groups (Gencer, 2012). Naturally, this should not dictate that web developers should not be cognizant of the fact that the older demographic may in fact use platforms other than a PC or laptop. Yet, studies with respect to this indicate that web browsing is most commonly conducted via a traditional web browser utilized on a PC computer; at least for this particular demographic group. With this in mind, websites that are specifically focused towards individual within this particular demographic need to

Trans World Airlines Flight Attendance Case Study

Trans World Airlines Flight Attendance - Case Study Example The strike happened at a time when the airline business was highly competitive (Wallace, n.d.). All airlines were aiming at making huge profit margins. The industry had become deregulated. This case study is a summary of the issues that characterized the strike. It also gives an opinion on the subject supporting it with similar occurrences and common practice. It also makes recommendations on the best way to solve predicaments similar to the one faced by the IFFA and TWA. The recommendations analyze the most favorable solutions to parties embroiled in similar trade disputes. Icahn was faced with the need to cut on costs to bolster TWA’s profits. One way of doing this was by reducing labor costs. It was the easiest way out owing to the fact that other management teams apply it when faced with situations that demand to lower operational costs. Icahn required wage concessions and benefit costs amounting to about 300 million U.S. dollars. This would reduce labor costs and expenses before tax by 20% and 8% respectively. The Air Line Pilots Association (ALPA) and the International Association of Machinists and Aerospace Workers (IAM) were agreeable. The two groups granted Icahn concessions worth $100 million and $50 million respectively, the consideration being profit sharing and worker stock-ownership plans. Icahn was expected to get the remainder from IFFA (Wallace). ALPA and IAM expected the same. If not, he would have to sell the airline because there were some interested parties. IFFA’s leader, Victoria Frankovich, had her reservations about the wage concessions. This was coupled with Icahn’s demands that the flight attendants would be required to put more hours to increase the airline’s productivity and competitiveness. It was intimated that the airline paid a lot more in wages as compared to other airlines with whom it competed; thus justifying these demands.

Dividend Policy in Publicly Traded Companies Essay

Dividend Policy in Publicly Traded Companies - Essay Example For a firm with good future growth and investment opportunities, investors want the firm to put the earnings in other investment opportunities. Where as for a non growth company, investors would prefer present dividend income rather future capital gains which are uncertain. [2] Dividend policy of a firm will divide the earnings into two parts as Dividends and Retained Earnings. Dividends are paid to the investors as cash for their share of the assets of the company. Where as Retained Earnings are used to fund the long term growth of the company, which are used to generate future earnings. The percentage of Dividends distributed and Retained Earnings are determined by the Payout Ratio of the Dividend Policy. Higher the Payout ratio, higher the Dividends and lower the Payout Ratio imply lower the Dividends. Usually growth oriented firms have lower payout ratio and higher Retention Ratio. That means large amount of earnings are retained to increase future earnings. The investors of low dividend paid companies will get their returns through capital gains. The relation between growth and Payout Ratio can be best understood by Dividends on one hand increase cash earnings of the investors and reduce the share on the assets of the firm. In the case of high tax on the earnings of the dividends by the government investors are more interested in firm to keep the earnings for future growth of the earnings. Otherwise for a low growth oriented firm investors want cash dividends as they can earn more return else where. According to Miller and Modigliani in a perfect market condition and in a no tax situation investors are indifferent to a company that pays dividend and another not pays dividend. What ever the investors lose in the form dividends are gained through capital appreciation. The investors believe that the dividends are put to earn further gains in the future. On the expectation of increased future earnings the prices of the stock increase giving the investors capital investors which they can make by selling the stock at higher price. But stock market history shows us that dividends are really matter for any particular stock. Most of the non dividend paying companies are invariably loss making dogs[4] These companies does not have earnings capacity in their business and are struggling even to pay the dividends shareholders. Investors think the company has lost the earning capacity. The selling pressure decreases the prices of those non dividend company shares. This is quite opposite to what the dividend theory of stock market as well as what Miller-Modigliani postulated. "One look at the JSE highest dividend yield share reveals the problem: It is Northern Engineering Industries Africa whose 3 000% dividend yield places it way ahead of second placed SA Reit at 70%."[5] The above example explains that the highest dividend paying Northern Engineering Industries has a higher price than the SA Reit, in spite of both the companies operate in the same industry. Higher dividends attract more and more investor interest in the stock. Thus the price of the shares increases on the future dividends as well as capital gains. Based

Response paper to a recent article related to international business Essay

Response paper to a recent article related to international business - Essay Example He was later found dead; an article in the â€Å"Street Wall† describes his death as slow assassination. This is just one among the many adverse challenges that some investors who choose to invest in foreign countries face. In some nations, international businesses, whose home country is America or any other nation that the people in that country have stereotype ideas about often face challenges convincing the law enforcement officers that they are running their business legally according to the laws of that country. Other times it is not necessarily the stereotype ideas, but crude competition strategies by the businesses they met in the area. Some are hit with false acquisitions of corruption, mismanagement and evading taxes. In response to the article investors ought to be extremely selective of the nation they choose to expand their business internationally (Browder 2011). Investors who have had adverse experiences should have the opportunity to air their experiences so as to help other who are looking forward to investing in these foreign investor hostile nations. Many of investors from UK and USA who have had the opportunity to run businesses in Russia, apparently have recorded high levels of un-satisfaction running businesses there. Approximately 21% of them feel that the lack of transparency in Russian business laws and sophisticated hierarchies and legal procedures make it possible for the law enforcement officers to harass them (Meyer, Mudambi & Narula 2011). Russians also tend to rate highly in corruption and some local business owners who feel that these foreigners are a threat liaise with the law enforcement officer to accuse foreign investors falsely of fraud. Of all the complaints these investors raise, the least worrying factors to them are Russian Central Bank Policy, with only 9% complaining about it and corporate culture in Russia, which only about 11% of the investors feel it is a bother. The Russian government, however, insists that i t is doing all it can to improve investor conditions in the country (Hill 2011). Russia is the world second largest oil producer in the world. This is the main economic activity. The government’s plans to diversify to other economic activities are usually challenged since this would lead to the end of the authoritarian governance. This another source of the many challenges foreign investors have to deal with when doing business in Russia. Many complain that the legal and government system, in the country is too bureaucratic, which makes it inefficient to handle the issues these foreign investors face daily. Many complain that for a legal process to go through it takes a long time. For example, the investor in this case had already been deported by the time it was discovered that the allegations against them were a conspiracy plan to get him out of business (Sauvant, Maschek & McAllister 2010). Despite having all these issues the government of Russia seems to be taking steps t owards improving investment environment in the country. The government is encouraging foreign investors to invest in the country with the aim of diversifying and increasing its economic activities. Several earnest foreign investors have set up businesses in the country and have managed to make success stories in the land despite all the

The Fast Food Industry Effect on America Research Paper - 1

The Fast Food Industry Effect on America - Research Paper Example This research paper focuses mostly on fast-food topic, that is a staple in many Americans lives today. The researcher explaines the history of development of such restaurants and states that fast-food was not always as prevalent or accessible as it is now. What began as small mom and pop kiosks has morphed into one of the largest industries in the world. The effect that fast food has had on the United States and the world in general can be summed up by Paolo Freire. Freire states that the â€Å"interests of the oppressors lie in, as asserted by de Beauvoir, â€Å"changing the consciousness of the oppressed, not the situation which oppresses them†. While fast food may or may not be considered an oppressive force, the truth remains that fast food has not quintessentially changed since its inception, but the beliefs of what fast food is has. It does not matter if an individual eats fast food every day, once a month, or never, the fast food industry has become incorporated into d aily life. By incorporating themselves into schools and near schools, these establishments have continued to contribute to obesity and changing mindsets for children and adults. Start the children young, with tasty food, and you have a loyal consumer for the remainder of their life. In conclusion, the researcher gives one direct example of how the fast food industry has changed how people feel about food, that is the movie â€Å"Super-size me†. The movie is about a man who eats at McDonalds for a month to show how bad it is for the normal consumer.

Sustainable Management Futures. Free Markets and Governments Essay

Sustainable Management Futures. Free Markets and Governments - Essay Example Some scholars go to the extent that the government shouldn’t even engage in public spending on health, education and other necessities. ( Reisman, J., 1998) With such a non-egalitarian orientation, the government’s role in a free market system is confined to the role of a spectator while the market ensures that the efficient businessmen are rewarded with profits. -THE SOCIAL COSTS OF THE INVISIBLE HAND Classical economists such as Adam Smith claim that a free market is bound to create growth, that the invisible hand in an unregulated market fosters growth of efficient market mechanisms. Even after almost three centuries having passed by after the evolution of this notion, the free market is still deemed as an ideal model, but its promised benefits to society are now being viewed as rather utopian in nature. The dynamics of an unregulated free market are seen as quite reminiscent of Social Darwinism. The market favors the efficient few who own the means of production. ( Stiglitz, J., 2011) The free market functions in such a way that formation of separate classes is inevitable. Much attention has been paid to the rise of the industrial bourgeoisie and the proletariat. The former owning the means of production and making profits, while the former providing labor and earning wages. While the free market is said to have provided opportunities for both, the sheer magnitude of the unequal share of rewards has raised skepticism to the social benefits of a free market. -FREE MARKETS IN THE CONTEMPORARY WORLD The recent global economic crisis is said to have been the result of unregulated free markets. The role of governments is now being brought into perspective again, as the government is the very entity that is assisting in stabilizing the markets with massive bailout packages. The enormous growth rates exhibited during the pre-recession period were phenomenal, but a retrospective analysis suggests that they were unsustainable. The major fuel for recent economic growth has been the availability of capital. Lenient credit policies have paved way for expanding markets but not much attention has been paid to the costs of such confidence based growth. The common man, encouraged by growth-driven corporations has increased consumption, with the assumption that incomes will rise simultaneously. This spiral might exist for a limited time, but when it stops, the market eventually collapses. Unregulated economic growth has led to the resurfacing of a plethora of subprime lending and major Ponzi schemes. (Stiglitz, J.,2011 ) Economic growth does in fact lead to improving social indicators. Ever since capitalism has become the popular form of economic governance around the world, per capita inflation-adjusted income has risen from $5,400 in 1980 to $8,500 in 2005. (Shleifer, A., 2009) While educational and health figures have improved, the north-south orientation of this growth has been noticed as well. While social indicators have improved i n some areas and strata of the population, other portions remain unaffected. For instance, the top 1% of the income earners in United States have 24% share in the overall incomes generated. (Timothy, N. 2010) -THE NEED OF A MEDIATOR- THE GOVERNMENT: The concept of a welfare state arises from the notion that the

Knowledge Questions for Unit Hsc Essay Example for Free

Knowledge Questions for Unit Hsc Essay As a candidate, make sure you describe and explain your actions. | | | | | | | |Knowledge Questions for Unit HSC 44 | | | | | | | |5 | | | |Who draws up the Code of Practice for Social Care? | | |The General Social Care Council. | | | | | | | |6e | | | |Outline features of systems used in Lincolnshire in respect of confidential reporting of issues of concern. | | | |The council has its own policy which helps to inform on bad practice, difficulties between staff members and complaints ect. This is| | | |the ‘whistle blowing’ policy and it was designed in order to protect those wishing to make a complaint and to avoid such things as | | | |victimization. Although anonymous, complaints are still dealt with the same seriousness as named complaints although it is preferred| | | |that applicants with complaints should not be anonymous. | | | | | | | | | | |7 | | | |When the Children’s act 2004 was published it contained some major changes for the way in which services were to be delivered. Take | | | |one and explain in your own words the advantages this brings for the wellbeing of children and their families. | | | |The Childrens Act 2004 brought about many changes and most significant was the Every Child Matters campaign that runs along side the| | | |2004 act. For the Act itself the main change that helps in the work that I do is the implementation of the CAF. This works in line | | | |with the need for inter-agency working. I think this is one on the most crucial changes of the Act, and as the Victoria Climbie | | | |inquiry showed many agencies were involved with the case and through lack of communication, information sharing and joint working | | | |Victoria Climbie died at the hands of her aunt. One of the many advantages is local authorities drive for inter-agency working. | | |Through this many agencies are trying to change their way of working and with the help of the CAF more agencies are invited to the | | | |first meeting when a child has been shown to have additional needs. On the whole the process is proving to be more focussed on the | | | |child and family and this reduces any stigma for the families as in the past most cases where always referred to social workers. | | |Families and children are now seen more often and social workers can now focus on the more complex and child protection cases. | | | |Through inter-agency wo rking families and children are given the help that meets their needs and reduces the need for long term | | | |involvement. | | | | | | | | | | |8a | | | |Outline the features of the Dfes initiative â€Å"Building a Culture of Participation† | | | |This initiative is led by the government in their commitment to allow children to have a say in how policies affect them and to | | | |contribute to how a service is delivered. By listening to children and young people it ensures that policies and services are | | | |designed around their needs. This leads to better outcomes for children, young people and families. It also allows for policies to | | | |be effectively evaluated and evolve as necessary. | | | | | | | | | | | |9a | | | |Outline the Common Assessment Framework. Explain why this Government initiative has been introduced and its purpose. | | | |The CAF was implemented in 2006 in order to have a universal assessment form that could be used by all agencies and professionals. | | | |This was in line with some of Lord Laming’s recommendations after the Victoria Climbie enquiry. As a universal document it reduces | | | |the need for repetitive assessments and focuses more on the child and family and multi agency working. The CAF process can start at | | | |any time once it has been identified that a child has an additional need. Once agreed all information is shared between the agencies| | | |involved again reducing the chance of a child ‘falling through the system’. As the CAF is aimed at early intervention some one such | | | |as a school teacher can be the lead professional allowing more serious cases to be dealt with by social workers. As children can | | | |often have what was once deemed as minor issues and not warrant the classification as a child in need, through the CAF they are | | | |classed as having additional needs which allows professionals to work with the child and family. Once a child that has been | | | |highlighted as a CAF they can move in and out of the system as identified issues arise. | | | | | | | | | | |9bc | | | |Summarise the targets of the combined health and education initiative â€Å"Healthy schools†. | | | |The national healthy schools programme promotes a whole school approach to health. The programme is a joint initiative between the | | | |department of health and the department for children, schools and families. It aims to deliver benefits for children on improvement | | | |in health, raise pupil achievement, more social inclusion and a closer working between health promotion providers and education | | | |establishments. | | | |The public health white paper choosing health (2004) set a challenging target for 75% of schools to achieve healthy school status by| | | |2009 and for all schools to work towards this target. Through a planned curriculum schools can promote learning and healthy | | | |lifestyle choices. The four core themes within the programme are: | | | |Healthy eating | | | |Physical activity | | | |PSHE | | | |Emotional health and well-being. | | | | | | | | | | | | | |12 | | | |How does the Joint Annual Review shape the way in which Children’s Services are delivered locally. You may wish to discuss | | | |Lincolnshire’s last JAR and comment on how the recent Service restructuring has been a result of this. | | | |The Children’s Act requires joint area reviews to be conducted in each children’s services authority area. The multi-disciplinary | | | |team of inspectors review all services provided to children and young people aged 0 – 19. There are around 42 key judgements which | | | |relate directly to the five outcomes highlighted in the every child matters framework. Through the Lincolnshire JAR report published| | | |in March 2007 it was proved that there was a need for better facilities for all children aged 0 – 19. There are now plans to develop| | | |a further 23 children’s centres by 2008. Through this service restructuring the aim is to shift the balance of services from | | | |interventionist to a preventative approach. The strengthening families will work with partner agencies to deliver the five outcomes | | | |for the every child matters. This is where children’s services as a targeted service interface as part of a universal service. | | | | | | | | | | |16e | | | |Identify the risks to effective working caused by stresses on the work force and recommend what action can be taken. | | | |When work becomes too stressful for an individual it can cause a knock on effect throughout the staff team and the cases in which | | | |the individual is working on. The individual can start to have more days off sick which could cause other staff members to add to | | | |their workload in taking on those individuals cases. Stress can also cause the individual to lose direction and focus in the cases | | | |they work on and this can result in a reduced quality of service for those particular families. | | | |Stress in the work place can be identified early and then reduced by regular supervision. Supervision gives the individual a chance | | | |to discuss their cases and anything that might be causing them to feel stressed. Supervisors are then able to help supervisee’s in | | | |managing there stress before it gets to the point where it affects all that they do. Staff meetings are another opportunity to get | | | |together on a regular basis with other team members as it’s a chance for everyone to discuss their working role as well as any | | | |difficult cases they may have. This gives a chance for positive reinforcement by the manager on the work that is being done and also| | | |a chance to ‘brainstorm’ ideas that might help with the work. | | | | | | | | | | | | | | | |17 | | | |Explain in a short paragraph how the Social Model of disability affects children and their families which you work. | | |The social model of disability says that people are disabled not by their impairment, but by society that does not take account of | | | |their needs and prevents them from having full access to society due to physical, communication and social barriers. A large | | | |majority of the families that I work with fall into the category of being disabled by society. Those families that are most | | | |disadvantaged are those living in poverty. Families face multiple stresses which can affect a child’s needs. If a parent struggles | | | |to provide an adequate environment for a child this will impact on the child’s developments and the parent’s capacity to care for | | | |the child. | | |CHILD A | | | |CHILD B | | | | | | | |No dependence on social security benefits | | | |Household receives multiple enefits | | | | | | | |Two parent family | | | |Single adult household | | | | | | | |Three or fewer children | | | |Four or more children | | | | | | | |White | | | |Mixed ethnic origin | | | | | | | |Owner occupied home | | | |Council or privately rented home | | | | | | | |More room than people | | | |One or more persons per room | | | | | | | | | | | | | | | | | | | |18a/b | | | |See 8a above. | | | | | | | |18d | | | |Using Lincolnshire County Councils Competency framework, explain how you would assist a member of your team to develop skills in | | | |risk management with regards to child protection. You need to be specific to an individual competency. | | |Using competency number 8 –Analysis and Judgement. I would be able to assist the member of staff in the above question. As part | | | |of the competency it requires the individual to look closely at the work they do and how it could be improved. Part of this is | | | |through having a broad range of information about an issue. In this particular instance it would be child protection. This could be | | | |done in-house through regular supervision. This can be through asking the individual to research up to date information and then | | | |having a question answer session on the information they have found. This shows that the indivual has done what is requested and | | | |demonstrates that they have an understanding of the subject that they would then be able to take into their work practice. Another | | | |useful development skill would be to assign the individual to a child protection case that was held by a social worker. The indivual| | | |would gain insight into the process of how child protection is identified and then managed. This hands on approach would give valued| | | |knowledge and development without risk to the family involved. | | | |Finally a child protection training course would be beneficial to the individual to again further develop there knowledge of the | | | |subject. | | | | | | | | | | | | | | |19 | | | |What impact does placement disruption potentially have on the wellbeing of Children In Public Care. You should relate your answer | | | |the recent Government paper ‘Care Matters’ | | | |Most children who end up in care experience multiple moves. It is standard that three or more moves constitutes as placement | | | |stability. Child development theories say that repeated movements jeopardize the opportunity for children to develop secure | | | |attachments with carers and trusting relationships with adults. Children with behaviour problems, prior instability and the age of | | | |the child at placement have all been found to be important factors in placement instability. | | | | | | | | | | | | | | | | | | | | | | |24 | | | |List 3 types of evidence that would be valid in court. Explain your rational behind each one. | | | |1) Video Evidence- For children 14years and under. Also for children classed as a vulnerable witness. Video evidence reduces the | | | |need for a child to be in court and to be face to face with the perpetrator. | | | |2) Court reports – These are factual based evidence which follow a mandatory guideline for completing. | | | |3) Records – Records are an essential source of evidence for investigations and inquiry’s, and may also be used in court | | | |proceedings. Therefore it is essential that any records on a child are clear and accurate and ensure that there is a documented | | | |account of an agency’s or professional’s involvement with a child and/or a family. | | | | | | | | | | |25 | | | |Provide three examples of recording information that might be deemed discriminatory and explain why, in at least one of these | | | |examples, the discrimination might pass without comment. | | |1) The child is ‘missing’ from the record – This doesn’t mean that the child hasn’t been mentioned at all, but that their wishes and| | | |feelings, their views and understanding of their situation, are not recorded. The absence of a child from the record suggests to the| | | |reader that no work has been done with the child, or that the child has not been involved in any work. | | | |2) Facts and opinions are not differentiated – Failing to differentiate between fact and opinions can result in the significance of | | | |some information being overlooked, or opinions becoming accepted as facts and which could influence the management of the case. If | | | |opinions and judgements are not substantiated in the record it can be difficult to explain how these were made to family members who| | | |access the records especially if the case holder who wrote them is no longer working within the agency. | | | |3) The record is not written for sharing. | | | | | | | | | | | | | | | | | | | | | | | | |This account must (except in the case of responses to questions) be authenticated by at least one of the following | |Work products seen | | |List | | |Witnessed by— |Name |Sign |Expert | |Include on witness list | | |Y/N | |I confirm the authenticity of the |Signature of Candidate | |work above |DATE 31. 03. 08 | |I confirm the judgements claimed |Signature of Assessor |TICK IF OBSERVED | |above |DATE | | EV 5

Romeo and Juliet †Literary Paragraph Essay Example for Free

Romeo and Juliet – Literary Paragraph Essay In Romeo and Juliet, each character has a specific role and for the main character, Romeo, seems to be the one who changes the most. Romeo changes throughout the play as he is constantly become mature. As Romeo’s thoughts, feelings and actions have revealed his great changes among all other characters. According to the play, Romeo presented three palpable changes as the followings, he gets over Rosaline right after meeting Juliet, his hatred towards Tybalt changes into love back and forth, and he forgets about his desire to die right after receiving the message from Nurse. These changes made Romeo’s character even more important and appealing, which presented the love, hatred and violence of play. Firstly, Romeo changes the most because he quickly gets over Rosaline right after meeting Juliet in the first Act. Romeo is first presented as a lovesick boy who is greatly depressed about Rosaline’s refusals. But then, after Romeo encounters Juliet in the Capulet’s party, he apparently forgets about Rosaline and falls in love with Juliet. Meanwhile his mood changes from vulnerable to excited and confident, this has shown that Romeo is quite fickle and immature in love. For example, in the play when Romeo first sees Rosaline in the party he mutters â€Å"Did my heart love till now? Forswear it, sight!/ For I ne’er saw true beauty till this night.† (I. v. 52-53). He completely forgets about Rosaline that he loved so much before and how fast he falls in love with Juliet at first sight. Also, in the play when Romeo leaves Juliet’s balcony to Friar Lawrence place, he informs Friar Lawrence about his plan for marring Juliet, â€Å"With Rosaline, my ghostly father? No!/ I have forgot that name, and that name woe.† (II. iii. 46-47). Romeo even forgets Rosaline’s name with the sorrow she brings him. Indeed, Romeo is becoming positive and enthusiastic about love again while he gets over Rosaline after meeting Juliet. Soon, Romeo’s love changes to hatred easily. Secondly, Romeo changes the most as his hatred towards Tybalt changes into love back and forth. Regarding Romeo marries Juliet and his love grows deeper than anyone, he becomes more pleasing in front of Juliet’s cousin, Tybalt. For example, although Tybalt tries to draw Romeo into a fight, Romeo convinces him that he loves him as he has secretly become one of his family members by marrying Juliet, â€Å"Tybalt, the reason that I have to love thee,/ Doth much excuse the appertaining rage/ To such greeting. Villain am I none;/ Therefore farewell; I see you don’t really know me.† (III. I. 58-61). Since Romeo marries Juliet, he loves Tybalt as a family of Juliet’s and that helps him overcome the anger he should really feels from Tybalt’s insults. However, Tybalt kills Mercutio ultimately and that makes Romeo become really angry. Therefore, Romeo’s hatred exceeds his love towards Tybalt again as he rea lizes Mercutio dies and he declared, Away to heaven, respective lenity, And fire-eyed fury be my conduct now! Now, Tybalt, take the â€Å"villain† back again That late thou gav’st me; for Mercutio’s soul Is but a little way above our heads, Staying for thine to keep him company. Either thou, or I, or both, must go with him.† (III. i. 199-126). Romeo loses his temper and looks for revenge for his friend, Mercutio. After he killed Tybalt, he is banished from Verona by Prince Escalus. In this situation, he has completely changed his love to hatred and this also portrayed Romeo’s impulsive and bad temper character. Therefore, Romeo’s hatred towards Tybalt changes into love back and forth made him the character who changes the most throughout the play. Yet his banishment leads him to a great emotion change afterwards. Lastly, nevertheless Romeo changes from desiring of death into being statisfy and forgets about his mind after receiving Nurse’s message. Thus Romeo realizes banishment might keeps him and Juliet apart from each other, he wishes to be dead instead and he tries to stab himself. Moreover, in the play when Nurse brings Juliet’s ring to Friar Lawrence’s place for Romeo, Romeo forgets about the grief and tears from recieving banishment and becomes comforted right away. â€Å"How well my comfort is reviv’d by this† (III. iii. 169) Romeo is greatly satisfied by the ring that Nurse gave him. In addition, in the novel play when Friar Lawrence suggests Romeo should do what his marriage decrees him to do, to climb to her room to comfort her and stays with her the night, Romeo revived and being confident again. Romeo says â€Å" But that a joy past joy calls out on me,/ It were a grief, so brief to part with thee.† (III. iii. 177-178), meaning that this idea, this joy surpasses all any other happiness, which would be sad if he misses and leaves Juliet so quickly. From this scene, capricious of Romeo’s character is seen once again, also it illustrated his great emotion change in the play. For this reason, Romeo changes the most throughout the play. In conclusion, no doubt that the character who changes the most throughout the play Romeo and Juliet is Romeo because of his great emotional and physical changes from getting over Rosaline right after meeting Juliet, changing his hatred into love towards Tybalt back and forth, and forgetting about his desire to die right after receiving the message from Nurse. Believing that this is also how Romeo as a main character in a romantic and tragic play is developed, becoming a strong man from being a â€Å"lost† man, to a revived man all by love and passion.

Literature Review on Contractual Issues Arising Claims

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) Currently construction industry in UAE has number of disputes arrives because of disputed in legal document and poor coordination in general and particular condition of contract. UAE is fast growing country in terms of construction and lots of competition for getting the project because of that contractors are bidding less and claiming more amounts. A client tries to reduce the over all cost of project and contractors tries to get more profit and result is disputes arise. Every claim submitted by the contractor puts presser on client and consequently it affect increasing property price. That is why construction claim are considered as the most unpleasant event in construction industry. Claims can be reduced by proper arrangement of scope of work in contract document. Contract is the document which explains all rolls and liabilities of the parties involved in it. For the purpose of study for analyzing contractual issues literature review is divided in two parts. First part will discus s on Contract law in general and particular terms used in formation of construction contract. Second chapter will discuss on Claims under FIDIC contract and previous research in claims. 1 Introduction to contract law 1.1 Legal systems A legal system, is 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)1. 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. 1.2 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 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. 1.3 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. 1.4 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. 1.5 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. 1.6 Rights and obligations 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. 1.7 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. 1.8 Categories of contract The categories of contract is 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. 1.9 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. 1.10 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. 1.10.1 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 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 contained in documents referred to (incorporated by reference) in the exchange of communications forming the contract * Oral terms 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. 1.10.2 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 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 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. 1.10.3 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 contract. A consultant provides 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 to include such clauses in their contracts. 1.11 Most Commonly Used Types of contract in UAE construction 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. 1.12 Key contract clauses used in condition of contract 1.12.1 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. In cost plus contract this clause is very useful to client to restrict the overall project cost 1.12.2 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). On the other hand if there has been any discrepancy in specification or drawing this clause will help contractually to change this discrepancy with required adjustments. However changes can result positive or negative variation in construction industry. 1.12.3 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. This clause is very important in construction for clients points of view. As such client investing a large amount of money in the project so because of this clause he will get relief and guaranty for the works which has to be executed. 1.12.4 Delays This is, ordinarily, a risk allocation clause with respect to delays in the work. â€Å"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. â€Å"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. 1.12.5 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. This is the clause which will give relief to the contractor when he will get differ in site condition e.g. Non stop rain for few month. Differing site conditions are unforcing events no one can predict these events. In this situation this clause is very important in construction industry to restrict unnecessary claims 1.12.6 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. In construction industry there are several methods of dispute resolution like negotiation, mediation, Conciliation natural evaluation, adjudication, arbitration, and litigation. However each of then having its own framework to resolve the dispute. These are the primary steps of resolving the the disputes on claims in construction industry. 1.12.7 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. In construction to get the relief to the parties involved in the contract from the unforeseen event. This will help to gain loss or expense due to unforeseen event. 1.12.8 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. 1.12.9 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 damages in construction industry. 1.12.10 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. Generally in UAE construction industry Third party insurance and professional indemnity insurance are covered in the contract document. 1.12.11 Late Completion Damages This clause specifies 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. 1.12.12 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. However this clause is very important UAE construction industry. UAE is fast growing country and maximum contracts are on lump-sum basis. Contractors have to bear all risk involved in the construction. 1.12.13 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. In UAE construction industry most preferable contract is FIDIC and the order of precedence used is Contract document, ant amendment to contract document, drawing, specification and Bill of Quantity. However if any disputes arises the above mentioned order is used to settle the disputes in construction 1.12.14 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 and necessary permits, appropriate site access, etc. These are the responsibilities covered in the contract document to run the project without any disturbance from the client/owner side. These clauses bound the owner in contractual framework to take any action during the execution of works 1.12.15 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. In construction it helps the contractor to manage the finance before the commencement of project. 1.12.16 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. 1.12.17 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. 1.12.18 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 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. This clause gives the owner choice to delete the some or whole part of work with legal manner 1.12.19 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. Usually the owner will terminate the co ntractor 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. 1.12.20 Time of the Essence/Time of Performance- Timely project completion is normally important, most contracts contain a clause stating that â€Å"Time is of the essence of this contract. â€Å"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 precede, sets froth when the work must be completed and the consequences of failure to meet these dates. 1.12.21 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. 1.13 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. 1.13.1 Strengths * Firmly laid down rules and regulations Rules and regulations are made up to follow the instruction in the same way contract provides rules and regulation for the parties. It provides instruction to the parties what should have to be done at each stage of the projects. Such as health and safety requirement in document for each construction project. * Pre agreed procedural commitments Contract includes the procedure which should have to follow by the parties involved in it. It provides what should be done by the parties in the initial stage of the proj Literature Review on Contractual Issues Arising Claims 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) Currently construction industry in UAE has number of disputes arrives because of disputed in legal document and poor coordination in general and particular condition of contract. UAE is fast growing country in terms of construction and lots of competition for getting the project because of that contractors are bidding less and claiming more amounts. A client tries to reduce the over all cost of project and contractors tries to get more profit and result is disputes arise. Every claim submitted by the contractor puts presser on client and consequently it affect increasing property price. That is why construction claim are considered as the most unpleasant event in construction industry. Claims can be reduced by proper arrangement of scope of work in contract document. Contract is the document which explains all rolls and liabilities of the parties involved in it. For the purpose of study for analyzing contractual issues literature review is divided in two parts. First part will discus s on Contract law in general and particular terms used in formation of construction contract. Second chapter will discuss on Claims under FIDIC contract and previous research in claims. 1 Introduction to contract law 1.1 Legal systems A legal system, is 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)1. 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. 1.2 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 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. 1.3 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. 1.4 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. 1.5 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. 1.6 Rights and obligations 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. 1.7 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. 1.8 Categories of contract The categories of contract is 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. 1.9 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. 1.10 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. 1.10.1 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 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 contained in documents referred to (incorporated by reference) in the exchange of communications forming the contract * Oral terms 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. 1.10.2 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 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 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. 1.10.3 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 contract. A consultant provides 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 to include such clauses in their contracts. 1.11 Most Commonly Used Types of contract in UAE construction 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. 1.12 Key contract clauses used in condition of contract 1.12.1 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. In cost plus contract this clause is very useful to client to restrict the overall project cost 1.12.2 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). On the other hand if there has been any discrepancy in specification or drawing this clause will help contractually to change this discrepancy with required adjustments. However changes can result positive or negative variation in construction industry. 1.12.3 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. This clause is very important in construction for clients points of view. As such client investing a large amount of money in the project so because of this clause he will get relief and guaranty for the works which has to be executed. 1.12.4 Delays This is, ordinarily, a risk allocation clause with respect to delays in the work. â€Å"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. â€Å"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. 1.12.5 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. This is the clause which will give relief to the contractor when he will get differ in site condition e.g. Non stop rain for few month. Differing site conditions are unforcing events no one can predict these events. In this situation this clause is very important in construction industry to restrict unnecessary claims 1.12.6 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. In construction industry there are several methods of dispute resolution like negotiation, mediation, Conciliation natural evaluation, adjudication, arbitration, and litigation. However each of then having its own framework to resolve the dispute. These are the primary steps of resolving the the disputes on claims in construction industry. 1.12.7 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. In construction to get the relief to the parties involved in the contract from the unforeseen event. This will help to gain loss or expense due to unforeseen event. 1.12.8 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. 1.12.9 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 damages in construction industry. 1.12.10 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. Generally in UAE construction industry Third party insurance and professional indemnity insurance are covered in the contract document. 1.12.11 Late Completion Damages This clause specifies 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. 1.12.12 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. However this clause is very important UAE construction industry. UAE is fast growing country and maximum contracts are on lump-sum basis. Contractors have to bear all risk involved in the construction. 1.12.13 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. In UAE construction industry most preferable contract is FIDIC and the order of precedence used is Contract document, ant amendment to contract document, drawing, specification and Bill of Quantity. However if any disputes arises the above mentioned order is used to settle the disputes in construction 1.12.14 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 and necessary permits, appropriate site access, etc. These are the responsibilities covered in the contract document to run the project without any disturbance from the client/owner side. These clauses bound the owner in contractual framework to take any action during the execution of works 1.12.15 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. In construction it helps the contractor to manage the finance before the commencement of project. 1.12.16 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. 1.12.17 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. 1.12.18 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 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. This clause gives the owner choice to delete the some or whole part of work with legal manner 1.12.19 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. Usually the owner will terminate the co ntractor 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. 1.12.20 Time of the Essence/Time of Performance- Timely project completion is normally important, most contracts contain a clause stating that â€Å"Time is of the essence of this contract. â€Å"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 precede, sets froth when the work must be completed and the consequences of failure to meet these dates. 1.12.21 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. 1.13 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. 1.13.1 Strengths * Firmly laid down rules and regulations Rules and regulations are made up to follow the instruction in the same way contract provides rules and regulation for the parties. It provides instruction to the parties what should have to be done at each stage of the projects. Such as health and safety requirement in document for each construction project. * Pre agreed procedural commitments Contract includes the procedure which should have to follow by the parties involved in it. It provides what should be done by the parties in the initial stage of the proj