Personal Statement For Administrative Fellowship - 836 Words

Personal Statement for Administrative Fellowship â€Å"He who has health has hope. And he who has hope, has everything.†- Benjamin Franklin. The decision to pursue a lifetime of service within the Healthcare industry was quite easy for me. After witnessing the importance of having exceptional health care first hand, I want to do everything I can to assist others by ensuring that healthcare policies and procedures are followed properly. Without proper health care, a person can feel lost and hopeless. I believe that an Administrative Fellowship at Massachusetts General Hospital will enable me with the necessary tools to plan, direct, communicate, and govern effectively in a health care facility. While obtaining my biology degree, I had the pleasure of working in a busy pediatrician’s office during the summer and waitressing at night. Naturally, multi-tasking became the norm for me, which has helped me tremendously. During the duration of pursing my master’s degree I have maintained the capabilities of being a valuable asset to my full time position, maintained a high GPA in my studies, supported my friends and family whenever they needed me and continue to stay active in my sorority by supporting local community service efforts such as breast cancer awareness and programs geared towards emerging young leaders. Ironically, my ability to multi-task alone isn’t why I am unique. My ability to effectively multitask warranting positive results in additions to maintaining driven to excelShow MoreRelatedChurch Leaders Can Get Equipped By Gaining An In-Depth1415 Words   |  6 Pagesof his will, To the praise of the glory of his grace, wherein he hath made us ac cepted in the beloved. (Ephesians 1:1-6) Jesus always had fellowship with the Father. We want an existing relationship with our Lord Jesus Christ as the Head who changes lives and makes all things innovative. Church leaders can get ready by concentrating on being the kind of personal God is delighted to use. a leader whose temperament is right with God will take care of the Church in more trouble times than someone exceedinglyRead MoreRole of Education for National Development1487 Words   |  6 Pageseducation in the broadest sense of the word. My father used to tell me that education does not only mean that we go to school; a man is continually educated until the day he dies. I think we all have some appreciation of the deep meaning of that statement, for education means a change in mans conduct of life. It means the upgrading of a mans ability to choose the best alternative available in any circumstance he faces. It means the development of the person to prepare him to adopt the best approachRead MoreEvaluation Of The Global Pediatric Fellowship Program2425 Words   |  10 PagesAssignment #2: Evaluation of the Global Pediatric Fellowship Program at Boston Children’s Hospital Ton Tran August 16, 2014 University of Massachuseetts - Amherst Public Health 622 Instructor: Gloria DiFulvio, PhD â€Æ' I. Background Statement of Need According to the World Health Organization (2013), nearly 7 million children under the age of five died in 2012. Most of these deaths are â€Å"due to preventable conditions: malnutrition, diarrhea, pneumonia, perinatal and neonatalRead MoreThe Main Ideas About Community2269 Words   |  10 Pagessolidarity or mutual trust. French Revolution created slogans such fraternity, equality and liberty , which were inscribed on their banners. William Morris, as a socialist, talks similarly about fellowship:Fellowship is heaven, and lack of fellowship is hell; fellowship is life, and lack of fellowship is death; and the deeds that ye do upon the earth, it is for fellowship’s sake ye do them. (A Dream of John Ball, Ch. 4; first published in The Commonweal 1902/7). Community - a sociological constructRead MoreCredential Exam Essay6584 Words   |  27 Pagesconcerns Jesus Christ; the person of Christ (fully human/fully divine); Christ ministers to us before time and after it; salvation is based upon the work of Christ alone * Classification of spiritual gifts- estatic, teaching, wonderworking, administrative; 1) Teaching 2) Ministry 3) Worship * Deacon- elected official in the early church; â€Å"a servant of various duties†; â€Å"an established group of workers elected by the local congregation†; serve as helpers to the elders; sometimes ministry isRead MorePersonal Statement : Organizational And Management Essay1873 Words   |  8 Pages(A) Personal Statement My over twelve years of specialized government, civic and volunteer organizational managerial, supervisory and operational leadership experience and academic background make me an ideal candidate for doctoral study. In my US Army career, I, served as the Non-Commissioned Officer-in-Charge (NCOIC) of Collection Management. In that role, I was responsible for advising joint security investigations, disseminating strategic intelligence, allocating information technologiesRead MoreIam Level 2 Certificate in Principles of Business and Administration Qualification Handbook 2011 Edition9178 Words   |  37 Pagescandidates 9 Membership 10 3 †¢ Information for centres Centre and qualification approval 11 Resource requirements 12 Registration and certification 12 Plagiarism 13 4 †¢ IAM units Principles of personal responsibilities and working in a business environment 17 Principles of providing administrative systems 21 Principles of managing information and producing documents 25 5 †¢ Optional units Principles of supporting change in a business environment 29 Principles of supporting business eventsRead MoreSda Manual Essay101191 Words   |  405 PagesLocal Church Funds ................................................................ Funds of Auxiliary Organizations ............................................. Safeguarding the Purpose of Funds ......................................... Money for Personal Literature Orders .................................... Proper Method for Payment of Money by Members ................ Receipts to Church Members ................................................... Proper Method of Remitting Funds to the Conference/Read MoreA Needs Assessment Survey in a Gastroenterology Endoscopy Community of Practice12128 Words   |  49 PagesName and credentials, Committee member Date: ___________ Abstract Demand for colonoscopy exceeds capacity in the Veterans Health Administration (VHA). A small number of innovative VHA facilities have created colonoscopy-training fellowships for nurse practitioners (NPs) and physician assistants (PAs). A gastroenterology community of practice (CoP) might provide knowledge sharing and professional networking opportunities for NP and PA colonoscopists, based on assessment of their needRead MoreAnalysis on American Well3128 Words   |  13 Pagestoday. Not that we’re necessarily lacking medical knowledge, however problems surrounding proper execution and effective management. It was then that Ido and Roy Schoenberg thought their company American Well would revolutionize the industry. That statement is truthful in many ways. In contrast with the traditional approach, patients would use IT to bridge the gap when seeking medical attention. Now with â€Å"Team Edition† being planned – presumably connecting primary care physicians and specialists, it

Exercise Physiology And Training Programs - 1697 Words

Exercise Physiology and Training Programs. Research Report The contents included in this report will outline; the meaning of fitness, components of fitness, measurements and evaluation of physical performance capacities, the three energy systems, oxygen consumption and delivery, training methods and training principles. 2 Table of contents Contents Table of contents 1 Part A 2 Introduction 2 Part B 2 Touch analysis 2 Part C 3 Fitness components and energy systems 3 Part D 3 Process and effects of training 3 Part E 4 Evaluation and conclusion 4 Bibliography 5 Appendices 6 Appendix 1 6 Appendix 2 7 Part A Introduction Exercise physiology, as explained by exercise.com, is the study of how the body reacts to physical†¦show more content†¦Part B Touch analysis Touch Football was only formalized in the 1970’s and is now played in all of Australia. Coaches of Rugby teams used variations of for offseason activities. The game came to be known as Touch Rugby/Football, now simply known as touch. The main differences in the rules of the game of touch and rugby league is that there is no tackling you have to touch the attacking player instead, kicking is not allowed, the dummy half cannot get touched and the ball is not allowed to drop to the ground. In the game of touch there are three positions and two players at each position on the field, the positions are middle, link and wing. The main roles for the middle are to ruck/drive the ball down the field in attack and to close down the defence. The predominant energy system used at a professional level is the lactic acid system but as they are subbed off regularly and at a senior high school level we do not have the luxury of enough players to sub on the energy system used changes to the aerobic system. Knowledge of rucking patterns and organisation helps make a great middle. The key roles in the position of link are to set up tries for the wing position and controlling the defensive and offensive line. The focal energy system used by the link position is the lactic acid system. The ability to find gaps in the defence separates good links from great ones. Lastly, the wing position, finishes off the set plays by scoring

Organizational Culture and Heinz Australia Free Essays

1. Draw on each of the elements of the cultural web to discuss how the culture at Heinz Australia has changed and is continuing to evolve under Widdows’ leadership. The Paradigm: ‘Going backward’, unprofitable business, very negative, low-risk, ‘punitive’ culture, lack of nurturing and support of staff, little encouragement of new ideas, and a complex organizational structure. We will write a custom essay sample on Organizational Culture and Heinz Australia or any similar topic only for you Order Now Are the Assumptions/core beliefs of Heinz Australia before. Myths and Stories: staff morale was low and turnover unacceptably high, very negative, low- risk, and ‘punitive’ culture. Symbols Aspects: Heinz Logo is known all over the world for their condiments and other food products. Mission and Vision statement that gives direction and goal in the businesss. Power Structure: It shows that Widdows have gained respect from the staffs, that which follows his authority. Organisational Structure: its hierarchical structure Control System: With the changes have made for their corporate culture, through being flexible by given the mutual respect and trust to the staff. It shows that it doesn’t have to monitor every time. Rituals and routines: Showing an initiative concern for their staff, such health and wellbeing, giving free membership to the gym, health care programs and such. 2. Based on your cultural web audit, identify the key forces for and against change. The key forces against change is staff turnover unacceptably high, low risk and punitive culture. With this culture, it will be difficult for the new management to adopt to changes. Moreover, Widdows as he pursued for transformational change when he became a Managing Director. It has change from negative to positive culture. 3. What appear to be the key strengths of the new culture? After the Widdows taking over as the new leadership, it helps the staff to enjoy by flexible working hours, have mutual respect and trust, ‘great place to work’ environment. Instead of being afraid to give new ideas, staffs are encouraged to share. 4. What aspects of the organization need to be monitored and sustained to nsure the organization does not slide back into the old ways of thinking and working? Continues providing of the new rewards and benefits system. Such as flexible working hours, free membership to the gym, health care, and others. More importantly the leaders of the organization should be in lined their purpose and objective with one another. Reference: Graetz, F. , Rimmer, M. , Smith, A. , Lawrence, A. (2011). Managing Organisational Change (3rd Editio n). Milton, QLD, John Wiley Sons How to cite Organizational Culture and Heinz Australia, Papers

Importance Content Marketing Social Media †Myassignmenthelp.Com

Question: Discuss About The Importance Content Marketing Social Media? Answer: Introduction This report outlines the main activities of the digital marketing of the Persollo company. The research is carried out to understand the company mission, competitors, trends, the different strategies that are used by the company in order to increase their business. The use of the digital media and how it is helpful for the successful business of the Persollo has been discussed. The report consists of the various strategies with analysis of the market and the different digital marketing tools that are used by the company. As we know that the digital marketing is the future of the marketing of the companies with huge benefits in this competitive world. The word digital marketing stands for the promotion of the products with the help of the internet and all the social media websites. However, making use of the digital media for the achievement of the marketing objectives is the greatest strategy which can be adopted by the Persollo company to drive the sales for the brands and people. T he use of the digital media is more than the traditional techniques(Stelzner, 2016). Business mission The company chosen for this report is the Persollo, which is the Australia based company and that unlocks the platform for the customers to manage their different e commerce activities. The company has main motive to drive the maximum sales for the different clients and the captures maximum number of the buyers to increase the rate of conversion. The Persollo is the selling system for all the different brands as well as an influencer for the customers. The company is powered by the Telstra group of companies which ha the main motive to attract the maximum number of the clients and manage all the demand and expectations of the customers. Although the Persollo company is a newly established company, but still this company is working for the 30 big brands and more than 600 boutiques. The company has the mission to increase the rate of the sales conversions from social media networks by working for the customers anytime and anywhere via online media. Objectives of the company The main objective of the Persollo company is to build the marketing strategies for making use of the digital media platform where the brands of the companies sell their tasks or jobs to the website directly and ensure that those are sold to the buyers of the products in a very minimum time period. The main focus of the report is to provide the different tools for the management of the products and services on the digital media platforms and looking for the potential customers by organizing marketing campaigns. Industry trends Looking at the trends of the company, then the company is growing very rapidly. There are many companies who want to invest their money into the Persollo company to take the benefits from the company. Recently, the company presented an MVP and admitted to have the 120 sellers and $10,000 in transactions in one week. The company is accelerated by the incubator and the muno for the payment forms(Joel Karjaluoto, 2015). Persollo is also providing the financial services with the help of the digital tools that enables the users to create payment form in a one single click. The system or digital platform generated the link or URL to the payment form, which enables selling system via social platforms. The company is powered by the Telstra company and the company was announced as the best selling system(Jensen, 2014). Major competitors As such there are not high competition but it is analyzed that the competition has been growing . The growing competition is a threat to the company. The major competitor of Persollo company is the Neto any doing the same business. Marketing strategies (Traditional and digital) It is analyzed that the digital marketing is used more than the traditional marketing techniques. There are many digital marketing techniques such as SEO, content marketing, email marketing google analytics that can be used by the companies and there are many players in the economy like banking sectors, It companies like Airtel, Vodafone and Idea, and different shopping portals. There are many brands like Lenevo, Samsung, Sony and many more companies who use the different eCommerce platforms just to promote their products as well as drive sales into the organization. Talking about the recent trends, the telecom companies like reliance, Airtel, Vodafone and Idea offering attractive free internet plans and these promote the social media marketing and provides more customer friendly business environment(Prystajko Kupferman, 2014). The difference between the traditional and the digital marketing is found with the help of change in the process of collection, analysis and data interpretation. The traditional marketing tools or resources that are used by the organization in the old times are TV, radio, word of mouth, seminars and personal selling in order to gain the profits and promote the products. In comparison to the digital marketing channels are slow in the creation of the awareness and generation of the leads for sales. The traditional marketing challenges are used in comparison to the digital marketing just to access the user information and trends and brand loyalty. Content marketing is the essential element of the SEO as the content quality is the main matter of concern. To make the add and content more attractive, the Persello company can make use of the images, tags, texts and marketing ads. Moving further, the digital marketing is the most important platform that is used by the businesses for their growth and return on investments. In the social media marketing of the Persollo , the company can grow its business by improving the customer services, marketing campaign and by creating brand awareness programs(Google, 2016). In the below figure , the percentage growth of different platforms has been shown on the basis of the survey conducted in the year of 2015. Social media is the platform of creating the brand awareness. There are many different methods that can be used by the companies in order to take the benefits and for the growth of the Persello company and these different methods of the digital marketing involved are given below: Search Engine Optimization (SEO) Mobile Marketing Search Engine Marketing (SEM) Content Creation Social Media Marketing (SMM) Digital Display Advertising Retargeting and Remarketing Mobile Marketing Interactive Marketing Viral Marketing Email Marketing Affiliate Marketing Digital Media Planning and Buying Digital Marketing Plan A digital marketing plan, or a digital strategy, is the series of actions and steps that helps you to achieve your goals using online marketing. Depending on the scale of business, a digital marketing plan may include the achievement of multiple goals and may different action steps. Now, this definition itself lines out the importance of strategizing an effective digital marketing plan. Astrategy, it is effectively thought of, can help you stay focused on your set goals(Jrvinen, 2016). Now, as pointed out earlier, the goal for Persollois to expand its reach to more businesses and offline stores, which can be its future potential clients, and to make them understand how Persollo can effectively help increasing their sales and increase their brand awareness. However, reaching out their target prospect is somewhat difficult these days through online advertisements, due to the recent advent of AdBlockers. Almost everyone has an Adblock software installed on their systems these days, which ultimately makes the money that the company spends on online advertisements to trash. Therefore, Persollo needs to revise its digital marketing strategy, so that they can reach out to more people and make them understand the benefit of using their services. We have tried to reformulate Persollos digital marketing plan, in order to tackle these problems. The first step of making any marketing plan is to know the target customer, which, in Persollos case are small medium businesses which do not have a website of their own. In the second, comes the part to decide on goals, which we already did in the previous section(Hristova, 2016). Now, third is identifying the marketing tools that Persollo will need for its Digital Marketing. As we illustrated above, that the use of internet Ads is no longer a cost effective way of digital marketing. The company should venture out to different tools, such as: SEO/Analytics:Search engine optimization (SEO) is a process of impacting the visibility of a website or a webpage in aninternet search engine's non-paid results. It is often referred as organic/naturalresults and also as the "earned" results. Social media marketing: It is a process of digital marketing, where the attention or in other words, traffic, is gained through social media sites. Mobile Marketing:This promotional activity is designed for the users of the present age. Since majority of the population has a smartphone, content through this campaign is specially designed to be hosted on smart phones(Earnest, 2016). Email marketing:Its a marketing technique where a commercial message is sent through emails to a group of people. In a much simpler way, every email that is sent to a prospect or current customer can be considered as email marketing. Content marketing:This can also be called as an indirect marketing technique.In this technique, material, such as videos, blogs, and social media posts +etc are created and shared online, which do not promote the brand. But,the intent of such content is to create awareness among the target audience and develop an interest in its services(Stearns Rooney, 2013). Following are the ways howPersollo can utilize the above mentioned tools: SEO/Analytics:Search engine optimization (SEO) is not a one time event. A company has to commit itself to the process of SEO. One needs to be patient with this process, as it doesnt provide the results overnight. One should plan and build a great website so that target prospect is captured by it. And since, Persollo itself is promoting the online marketing through its website, here it becomes all more important to lay focus on the functioning and design of its own website. The person who is doing the job search engine optimization of the website should be master of the Keyword Research. If doing it on its own, the company should make sure it is assigned an expert to the job, else, companies can plan to hire a company which specializes in SEO itself. But in that case as well, the business needs to be diligent enough to hire a company which has a good track record has some results to show(Group, 2013). And as it is said, if you cant measure it, you will not be able to improve it. So, it is suggested the business starts using the Google Analytics tool right from the beginning. Google Analytics is a free tool available online, which can be used to track the information source of a websites traffic. With this service, you can have the data for a number of site visits, page views, bounce rate, average time spent on website, pages viewed per visit and percentage of new visits. It also provides the information as to how much traffic was through organic search, which can help you determine your brand awareness among people and how of it was through other sources, such as advertisements, social media etc Social media marketing:It is vital to understand social media marketing fundamentals. By leveraging the power of social media marketing,you can elevate your audience and customer base to multi-folds. For effective social media marketing, one needs to follow these steps: Read the content that your target audience reads and then, join various online discussions to learn the things that are important to them. It will then help you to create a content that captures their attention. It's better to specialize than to be a jack-of-all-trades. A highly-focused social media and content marketing strategy intended to build a strong brand has a better chance for success than a broad strategy that attempts to be all things to all people. It is necessary to make connections which read, share and talk about your content, further with their connections, rather than those connections who just vanish after connecting with you the first time. So, the quality of connections also matters a lot. Success in social media marketing doesn't happen overnight. You'll need to commit yourself to the long haul for achieving results(Affect, 2012). If the quality of your published content is amazing, then you will automatically attract a lot of followers. And if you really influence them with your work, they will share your content with their own connections through Twitter, Facebook, LinkedIn, blogs etc. Thus, you should focus on the quality of content that you post. Content marketing: The content marketing is the strategy that can be used by the Pesello in order to share the messages, content and ideas for the purpose of the marketing activities. As the website is the digital channel that is used by the Persello to share the content with the customers. To maintain the security and privacy of the data, the Persello company should build the organizational policies and the employees and clients need to follow the legal policies to share the relevant and useful content. The action can be taken any unlawful or any wrong information shared on the websites. Basically, the content marketing life cycle is the plan that requires creation, publishing, promotion and content analysis . Following are some of the attributes that the Persollo could use before planning the content marketing: Brand information should be embodied on the packages as well as on the websites. Share the content that depicts the information about the company or brand in the form of videos, pictures and presentations etc. To read the content, make use of the virus free computers, laptops, tablets, mobile phones. To make the ad and content more attractive, the Persello company can make use of the images, tags, texts and marketing ads. Social media platforms should be used to distribute the content To measure the results, the Persello company can use the appropriate promotional codes and call to action(Marketo, 2016). Content marketing is significant in many areas as below: Content marketing helps to drive the lead and sales by sharing the content via the websites as well other platforms like Facebook, Twitter, Linkindin. Search engine optimization can be improved if the keywords and the content that shared on the websites is accurate. Content marketing drives the traffic to the website as well as sustained interaction with the brands as well as the people of the Persello. It maintains a good customer relation as people have the reason to keep coming back. Facebook and Online Display Advertising It has been Facebook and the online display advertisements is the most beneficial platform and need to focus on the each and every aspect of the business. The researchers found so many similar as well as different things in the both the platforms. As both the platforms are paid, but both are effective in nature of advertisement and promotions. The messages or the information conveyed through Facebook and Google AdWords is almost similar in nature and both are helpful to drive the sales by generating leads through these platforms. Marketing manager should always do proper utilization of these platforms in order to gain the business growth and the return on the investments. The difference in both the platforms are the way of targeting the customers. Both the platforms are the best method of targeting the customers and increase the sales. A Facebook is the platform using to provide the business activities to the existing customers and goog adwords are very helpful to find the new customers very easily. Mobile Marketing: This promotional activity is designed for the users of the present age. Since majority of the population has a smart phones, content through this campaign is specially designed to be hosted on smart phones. A Persello company can also make use of these strategies in order to gain the attention of the young generation. The mobile marketing is the most effective approach as compared to the other approaches because the people are using phones to become the active on the social sites like Facebook, YouTube, Twitter and Instagram. All these applications are the best way to reduce the costs as well as to promote the products and services through the mobile phones(Institute, 2016). Email marketing: Its a marketing technique where a commercial message is sent through emails to a group of people. The marketing of the products or brands by sending the emails is used to build the brand image. The Persello company can also conduct the online survey by sending the questionnaire in the mail as all the shopping portals used to do. In a much simpler way, every email that is sent to a prospect or current customer can be considered as email marketing. Final Recommendations While making the digital plan and preparing to run a marketing campaign on the digital platforms, the company Persello should need to consider the following suggestions: It is suggested that the all the information mentioned in the campaigns or ads like title, content, should be unique in nature, so that it will easier for the customers to reach to that ad by the way of google, Bing and Yahoo. The business site of the Persello company needs to be restructured before the SEO of the website page and because of this, customers can easily navigate the website URL and links(Rothman, 2014). Content marketing is the essential element of the SEO as the content quality is the main matter of concern. To make the add and content more attractive, the Persello company can make use of the images, tags, texts and marketing ads. The organization should also focus on the SEO for the mobile phones to get better results and to drive the traffic to the Advertising page. It is recommended that business needs to be diligent enough to hire a company which has a good track record has some results to show. It is advised to read the content that your target audience reads and then, join various online discussions to learn the things that are important to them. It will then help you to create a content that captures their attention. It is recommended that the company should hire the team of experts who will handle all the tasks of the digital marketing (Pulizzi Handley, 2017). The government should also need to take action against the sharing of the unlawful and wrong information on the social media websites just to control the issues and challenges. For the safety of the data, the computers or the smart phones should be virus free. The company should avoid the virus attacks and the hacking of the systems for the security of the data or content. Conclusion This report is the assessment of the digital marketing platforms used by the Persello company and the issue of the information security as well as the cost are associated with these platforms. Because of which, the company need to re-evaluate the process and need to apply the digital marketing plan. According to the digital marketing plan, there are many steps or points that should be kept in mind while conducting any marketing campaign. The digital marketing plan involves the different marketing strategies and the effectiveness of these strategies. The main purpose of the digital marketing plan is to drive the sales of the company and generates the leads on the SEO and also drive traffic to the websites of the different brands. In this report, all the social media marketing, google analytics, email marketing, mobile marketing and the content marketing strategies are discussed with some of the points. It has been observed that, in the world of the digitization, every person to someho w is connected to Facebook, Twitter and YouTube because of the development of the smart phones too. Different mobile apps in the smart phones are very useful for the marketing purposes. However, in this report, the traditional and modern techniques of the marketing are compared and discussed in order to understand the role of the latest technologies and social media platforms. Moreover, it is recommended to the Persollo company to follow the marketing strategies and the proper planning in order to drive the sales and attracts the maximum customers. References Affect, 2012. Content Marketing: How to Develop a Content Strategy to Drive Public Relations, Social Media and Marketing Results, Available at: https://www.affect.com/downloads/Affect_Content_Marketing_White_Paper.pdf Earnest, 2016. Content Marketing for Customer Relationship Management, Available at: https://cdn2.hubspot.net/hub/297776/file-460695218-pdf/Content_Marketing_for_CRM.pdf Google, 2016. Search Engine Optimization Starter Guide, Available at: https://static.googleusercontent.com/media/www.google.com/en//webmasters/docs/search-engine-optimization-starter-guide.pdf Group, T. A., 2013. Content Marketing For Ministries, Available at: https://www.agroup.com/files/uploads/ContentMarketing101_WhitePaper_v1b.pdf Hristova, G., 2016. The Marketing Evolution Content Marketing for B2B Print, Available at: https://www.namics.com/wp-content/uploads/2016/07/The-Marketing-Evolution-Content-Marketing-for-B2B_Print.pdf Institute, C., 2016. Content marketing playbook, Available at: https://contentmarketinginstitute.com/wp-content/uploads/2016/04/content-marketing-playbook-2016.pdf Jrvinen, J., 2016. The Use of Digital Analytics for Measuring and Optimizing Digital Marketing Performance, Available at: https://jyx.jyu.fi/dspace/bitstream/handle/123456789/51512/978-951-39-6777-2_vaitos21102016.pdf?sequence=1 Jensen, E., 2014. Evaluating the impact or research online with Google analytics, Available at: https://www2.warwick.ac.uk/fac/soc/sociology/staff/jensen/ericjensen/pero/pero-google-analytics-guide-v4.pdf Joel, J. Karjaluoto, H., 2015. The use of Web analytics for digital marketing performance measurement, Available at: https://www.researchgate.net/publication/275589681_The_use_of_Web_analytics_for_digital_marketing_performance_measurement Marketo, 2016. B2B Enterprise content marketing, Available at: https://contentmarketinginstitute.com/wp-content/uploads/2016/04/2016_Enterprise_Report_FINAL.pdf Prystajko, J. Kupferman, M., 2014. Smart Marketing: Using Online Analytics to Understand Your Guests, Available at: https://www.iaapa.org/docs/2014-iae-education-/smart-marketing-using-online-analytics-to-understand-your-guests.pdf?sfvrsn=0 Pulizzi, J. Handley, A., 2017. 2017 Benchmarks, Budgets, and TrendsNorth America, Available at: https://contentmarketinginstitute.com/wp-content/uploads/2016/10/2017_B2C_Research_Final-rev-10-26-16.pdf Rothman, D., 2014. Content Marketing Secrets from Modern Marketers, Available at: https://www.scripted.com/wp-content/uploads/2014/10/Content-Marketing-Inspiration-from-Modern-Marketers_3.pdf Stearns, T. Rooney, P., 2013. The importance of content marketing in social media, Available at: https://filene.org/assets/files-brains/13.7.18_Content_Marketing_Webinar_.pdf Stelzner, M., 2016. 2016 social media marketing industry report, Available at: https://www.socialmediaexaminer.com/wp-content/uploads/2016/05/SocialMediaMarketingIndustryReport2016.pdf

United Nations Essays (933 words) - Environmentalism,

United Nations The UN attempts to follow universal ideals, but at this point it is not fully universal and still reflects some great power interests because of economic situations. This can be clearly seen in the environmental issues. The problem is that the UN does not have enough power internationally to fully contain the issue. The trouble is that the developing countries and the developed countries do not agree on main points, and this leads to a division. When the UN was first established, ?the UN Charter makes no mention of environmental protection (Roberts and Kingsbury, 327).? One of the shortcomings of the League, which the UN was founded on, was the lack of environmental interest. The turning point was in the 1972 Conference of Human Environment. This conference stated that all human beings had the right to live in a clean world. This was the beginning of environmental awareness in the UN. After this the UN attempted to integrate environmental concern into the system. The UN was equipped with five economic commissions for different regional areas; Africa, Latin America, Western Asia, Asia and the Pacific, and Europe. Along with promoting economic development they also dealt with environmental issues. The European branch has been the most active. This shows the beginning of great power interests. By 1972 many countries had begun to establish their own environmental organizations. The separate states decided that at this time they should try to unite under the UN to make policies international. One of the main problems was that the governments had different thoughts on environmental concerns verses developmental concerns. The developing countries were concerned that the economic costs would slow their developments, along with the restrictions placed on them that developed countries did not have to deal with when they were developing. In the past, the greater powers were able to develop more freely as there were no restrictions placed on them. They had the freedom to pollute the world, as they did not know the harm they were causing the environment. Now, because of greater knowledge and damage around the world, restrictions need to be placed on all the countries in the world. The problem with environmental issues is that one country can damage something like the ozone layer, which ends up affecting the whole world and not just that one country. The 1992 conference, UNCED, on environment was a landmark. It recognized dangers of deforestation and global warming. Both of these are global problems that need to be solved, making environmental issues international concerns. One of the main problems with the UNCED was that its sponsorship was by donor governments along with major companies and foundations. This gave greater powers more say as they donated more money, while the lesser powers disagreed with many of the issues. The UNCED was not as successful as it had hoped to be. The main problem was that the greater powers saw environmental issues as not that big of problems, easily solved by restricting certain tests, chemical usage, and the destruction of nature. The countries had developed enough that they did not need to do extensive research in potentially dangerous areas. The developing countries saw these movements as a great threat on their advancements. Without being able to learn for themselves they felt that they were being treated unfairly. Along with that, they wanted to spend their money on furthering their country instead of helping solve environmental issues that did not need to be solved immediately. These problems created a divide between northern and southern countries. The South felt that their sovereignty was being threatened by the North, as the North had more technology, more knowledge, more access to natural resources, and most importantly, more economic power. The lesser-developed countries did not see it as fair that they had to help and spend money on issues such as global climate control as it was the more industrial countries that created the damage. Also the developing countries have not had the chance to acquire the experience that the other countries have. The latest attempt at universal environmental reform was at Kyoto. The countries gathered together and formed the Kyoto treaty. The treaty did not address issues such as when or where the clean

Gladiatorial Combat essays

Gladiatorial Combat essays Munera gladitoria (gladiatorial contests) hold a central place in our perception of Roman behavior. They were also a big influence on how Romans themselves ordered their lives. Attending the games was one of the practices that went with being a Roman. The Etruscans, who introduced this type of contest in the sixth century BC, are credited with its development but it was the Romans who made it famous. A surviving feature of the Etruscan games in the Roman contests was when a gladiator fell he was hauled out of the arena by a slave dressed as the Etruscan death-demon Charun. The slave would carry a hammer, which was the demons attribute. Moreover, the Latin term for a trainer-manager of gladiators (lanista) was believed to be an Etruscan word (Hopkins 50). Gladiators of Ancient Rome lived their lives to the absolute fullest. Gladiatorial duels had originated from funeral games given in order to satisfy the dead mans need for blood, and for centuries their principle occasions were funerals. The first gladiatorial combats therefore took place at the graves of those being honored, but once they became public spectacles they moved into amphitheaters (Dining 83). As for the gladiators themselves, an aura of religious sacrifice continued to hang about their combats. Obviously most spectators just enjoyed the massacre without any remorseful reflections. Even ancient writers felt no pity, they were aware that gladiators had originated from these holocausts in honor of the dead. What was offered to appease the dead was counted as a funeral rite. It is called munus (a service) from being a service due. The belief was that the souls of the dead are appeased with human blood, they use to sacrifice captives or slaves of poor quality at funerals. Afterwards it seemed good to obscure their impiety by making it a plea sure (Hopkins 170). So after the acquired person had been trained to fight as best they can, their training was to learn t...

North Country Essay Example | Topics and Well Written Essays - 1000 words

North Country - Essay Example However, an underlying issue in this positive feedback was the equally superb characterization of the other roles, which highlighted the value of the Josey Aimes character. One of the most important of these supporting roles was the character played by Frances McDormand, Glory Dodge. She was Aimes’ best friend and that she was the one who encouraged Josey to work on the mines. In perhaps the best description of Glory, Kyle spoke on her behalf and declared: â€Å"My name is Glory Dodge and I’m not fucking dead yet. I stand with Josey.† Through the other characters, Theron was able to deliver and demonstrate what was called for by her role. There was a requirement to give the character as well as the narrative the compelling human detail. Through Dodge, for example, the director and storyteller were able to depict a believable Josey, one who just wanted a house of her own, sufficient meals and clothes for her children and just enough extra dollars so she could buy her son hockey skates once in a while. Dodge played the proverbial best friend, who was there to highlight the need, frustrations and longings of the leading character. In many instances, she offered the ways out of the mess for Josey. Concerning the mine, it was Glory who told Josey about the mine, about how working for it could mean a decent life for her family. Dodge, besides playing the part of the best friend – the person who is there to help, cheer, scold and be nice to Josey – also reinforced Aimes’ experience as a woman miner. Like Josey, she was a miner and had been subjected to such workplace vicissitudes including being sexually harassed, discriminated upon and treated as someone inferior simply because of her gender. Glory warned that Josey have to be tough and that she should learn to get right back to the men and not to show that her experiences get to her. What is interesting here is that Dodge offered an alternative approach in dealing with

Employee Reward Essay Example | Topics and Well Written Essays - 1750 words

Employee Reward - Essay Example People or the organization’s human resources are a very integral part of the organization. They operate and run the machinery and carry out the roles that the machines can not do. The people are even more important when it comes to the built environment since the nature of the work is manual and the people directly offer services to the clients. People are a core resource in every organization.It is always important to fully understand these people and more so get to know how well they are able to interact with the organizational structures in totality. This is a very important aspect and highly contributes to the success of the organization. Watson, Tony J. (1994).This process of understanding the people in the organization is able to explain best the relationship that exists between the organization and its people in a building environment.Understanding the people is important as it is able to unearth the social and managerial functions that may affect the behaviour and the attitudes of the people working in the organization. This in turn may affect the performance as well as the effectiveness of the organization, Willcocks, Leslie and Jenny Harrow (1992). Understanding the people helps in exploring the on the most effective ways of improving the organizational effectiveness and performance.The principles of management are of importance to my profession because they lay the guidelines to successful management. This is very applicable to both the managerial and technical professions.... This in turn may affect the performance as well as the effectiveness of the organization, Willcocks, Leslie and Jenny Harrow (1992). Understanding the people helps in exploring the on the most effective ways of improving the organizational effectiveness and performance. 3.0 Organizational management principles The principles of management are of importance to my profession because they lay the guidelines to successful management. Waterhouse, Mike and Geoff, C., (1995): The fourteen principles highlight the guidelines that managers need to follow in their actions and decision making process. These include; 1. The division of work; When people in the organization specialize in particular areas, they create specific professional and personal development within the workforce and this increases productivity. Specialization is known to enhance efficiency of labour. This is very applicable to both the managerial and technical professions. 2. Centralization; This is concentrating the power and authority of decision making in the hands of the top management. The opposite is decentralization. The corporation should try to balance between the two. 3. Presence of unity of command; All the subordinates in the organization should take their orders from one person and in addition be answerable to just one supervisor. This reduces the likelihood of occurrence of conflict and confusion among the various professionals. 4. Initiative; This is one of the areas where the organization can build its strengths. This is because it is a source of innovation and better ideas. 5. Discipline; In order for the organization to function and operate smoothly, all the

WRITE A 1,500 WORD ARTICLE WHICH COULD BE FEATURED IN A PARENTING Essay - 1

WRITE A 1,500 WORD ARTICLE WHICH COULD BE FEATURED IN A PARENTING MAGAZINE ABOUT DISPOSABLE NAPPIES VS REAL NAPPIES - Essay Example Everyone appreciates the nostalgia for the genuine, old-fashioned article, but is it really true that real nappies are better for you and your baby> There are four major criteria that spring to mind when considering your nappy buying options: price, effectiveness, and the delicate problem of napkin dermatitis, or nappy rash as it is more commonly called. Starting with price, there is an immediate issue of short and long term planning. You will have to make an initial investment in real nappies, since retail price comparisons show that you need to spend about  £250 on reusable nappies. You will also have to think about a plastic bucket with a lid (about  £7) and a supply of special nappy cleansing fluid . This seems like a lot of money initially, but over time, nappies work out as the cheaper option. Washing the nappies over a period of two and a half years will cost about  £80 bringing that the real nappy option for one baby to a total cost of around  £330 - £400 depending on how often you use a tumble dryer. In comparison, disposable nappies cost approximately  £600 over the same period. If you are planning to have another child, then your savings will be even greater, especially if you dry the nappies in the fresh air rather than in a tumble dryer. It seems, then, that real nappies are cheaper than disposables and for bigger families, clearly the economical option. You might be wondering which type of nappy works best. There are so many size and style options available that comparisons in this area are much harder to make. Leakage is a problem with all nappy types, and the more active your baby is, the bigger a problem this is likely to be. The advantage of real nappies is that they can be easier to adjust to your baby’s individual shape. Different technologies in disposable nappies can give you a range of absorbency levels, and so there is no real problem

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