Never judge a person by external appearance Essay

I believe that judging about anyone by his external appearance, we perform a tremendous mistake. I have numerous examples in my life when I didn’t like the people at first site but eventually they have become my friends. The culture and subculture determine the appearance of their followers, but they don’t determine the entire consciences and qualities of the representatives. There are manifold types of clothes all over the world and if the woman wears in Arab headscarf it doesn’t mean that she is a terrorist. It’s most probably the part of her culture, but unfortunately we have in mind stereotypes from a TV. Even in one country numerous subcultures represents the different types of the appearances yet good and bad people are everywhere. As a matter of fact people have bad and good days and they look and behave accordingly to their moods. It’s quite common when a person, having temporary money problems, wears and looks not too exquisite and, even he’s a good specialist, it will be hard for him to find a job. Sometimes a person don’t have enough time to maintain the glamorous appearance, what obviously doesn’t signify that he is worse than another, spending his time in a beauty shop. Someone, who doesn’t have excellent exterior, could have other, more important qualities. Will you be friends with the beautiful but stupid and selfish man? Certainly will not. He could be a good musician, awesome orator and perfect sportsman, but you wouldn’t give him a chance to show all these talents if you paid attention only to the imperfect appearance. Also, we could have some bad remembrances relating with the certain appearance and sometimes it’s difficult to overcome them. I believe it’s not right to judge people by their exterior because you could miss the chance to meet with very interesting humans and make useful acquaintances.

Le Ly Hayslip: Between East and West

The West has always been generally regarded as a negative force upon Asian cultures in the sense that the introduction of Western ways brings irrevocable changes that stains the purity Oriental cultures. On the other side of the fence, the West has always regarded the East as a land of exotic people, stubbornly clinging to their old ways, refusing to change with the times. Indeed it is a clash between the immovable rock and the irresistible force, and people in the crossroads get caught and get lost in the maelstrom, with a few coming out unscathed. Le Ly Hayslip’s book When Heaven and Earth Changed Places chronicles such a struggle. It is a poignant book that captures the rending of one’s soul, when one is caught between the need to change and the desire to cling to the old and the familiar. The encroachment of the West first took place within the context of the Vietnam War, when the United States allied itself with South Vietnam against the communist North. More than a book about how war changes a life, the book is about how Le Ly Hayslip straddled the East and the West and how she managed to keep herself whole and survived. The book captures the epic life of Le Ly Hayslip, from her childhood, to her life as a young woman escaping to the United States, to her return to her native land, some twenty years after. This paper seeks to take a look at Le Ly’s life at three important milestones and understand how the West has imposed itself upon her world and how it changed her life as well as those of the people she loved. The West first came into Le Ly’s life when she was still very young. Perhaps in an uncanny prediction of her destiny, her village straddles the border between the conflicting South and North Vietnam. Their lives were constantly being pulled by soldiers from each side and their loyalties were constantly shifting and the people were under constant threat of violence and threat to their lives. Le Ly captures the simplicity of their life as well as the suffering they endured at the crossroads, â€Å"Although the land remained fertile, farming was often interrupted and the whole village came close to destruction.† (5) While the influence of the West is not so direct in this case, it can actually be seen in the civil war that is going on in her country. For a long time, Vietnam has been a colony of France, and it was only after World War did Vietnam finally gain its independence. However, the fledgling country soon fell under the shadow of communism through the influence of China, which in turn was being controlled by the Soviet Union. In light of this, it might be said Western imperialism has been affecting Le Ly’s life from the day she was born. The desire of the Soviet Union to spread the communist ideology is the reason why South and North Vietnam are at war. When Le Ly was 14 years old, Le Ly and her friends worked as lookouts for North Vietcongs. The South discovered what she was doing and she is arrested and tortured. When she is released from prison, the Vietcongs regard her with suspicion and sentence her to death, charging her with espionage. However, instead of killing her, the two soldiers tasked with carrying out her sentence raped Le Ly instead. It was at this juncture that Le Ly left her village to work in the town of Saigon. In Da Nang, she took on several jobs, working as a maid, a black-market vendor, and a prostitute. It was at this stage of her life that Le Ly met several Americans. Her bad experiences in the hands of the Vietcongs as well as the relatively good treatment she received from the Americans have changed Le Ly’s values and allegiances. This relatively pleasant encounter with the West has planted in Le Ly the desire to leave Vietnam and start a new life in the United States. She saw the West as a land of promise, where she can escape from all the violence and war in the East. She saw a chance when Ed, asks her hand in marriage, after which, they immediately left Vietnam with her son in tow. When Le Ly left for the United States, she longed to someday return to her home land, but she was also unsure if she will ever have that chance. In the United States, she gets down to settling to a new life, resolved to leave the past behind. Of course that is easier said than done, and her love for her family and the longing to return to Vietnam never left Le Ly. This desire became stronger when Le Ly found prosperity and success in the United State. After so many years of living as an American, Le Ly returned to Vietnam. In all her years living in the United States, she managed to stay true to her eastern roots. The Buddhist ways that Le Ly’s father taught her served as the anchor of her identity, and she never gave up this part of her that she held sacred. Between the East and the West, Le Ly found a haven in the love and respect that she had for the two countries that she calls home. And that perhaps is the reason why Le Ly was able to reconcile the conflict and rage that was tearing her soul apart. She soon comes to an understanding and by her own words Le Ly thus describes the freedom and wisdom in living a life of compassion, Vietnam already had too many people who were ready to die for their beliefs. What it needed was men and women – brothers and sisters – who refused to accept either death or death-dealing as a solution to their problems. If you keep compassion in your heart, I discovered, I discovered, you never long for death yourself. From my father’s death, I had finally learned how to live. (383) References Hayslip, L. L. (1993). When Heaven and Earth Changed Places: Tie-In Edi

Beloved Essay

To prevent and weaken the strength of racial tension, the citizens of the United States must be educated about racial problems before being released into the real world. The best approach towards racial equity begins in the classroom and through literature which is where the book Beloved comes into the picture. Beloved fits ideally into the UCLA principles of community one being â€Å"We acknowledge that modern societies carry historical and divisive biases based on race, ethnicity, gender, age, disability, sexual orientation and religion, and we seek to promote awareness and understanding through education and research and to mediate and resolve conflicts that arise from these biases in our communities. † The first standard of the Critical Race Theory is the critique of liberalism. Critique of liberalism claims that the liberals have not done enough to aid the African Americans in the fight for equal rights since racism continues to exist in the American society. This can be seen through the Garners, who are owners of a plantation called â€Å"Sweet Home† in Beloved. â€Å"In Lillian Garner’s house, exempted from the field work that broke her hip and the exhaustion that drugged her mind; in Lillian Garner’s house where nobody knocked her down (or up), she listened to the white woman humming at her work; watched her face light up when Mr. Garner came in and thought, It’s better here, but I’m not. The Garners, it seemed to her, ran a special kind of slavery, treating them like paid labor, listening to what they said, teaching what they wanted known. And he didn’t stud his boys. Never brought them to her cabin with directions to ‘lay down with her,’ like they did in Carolina, or rented their sex out on other farms† (Morrison 165) As seen in this quote, the Garners were kinder to their slaves compared to many other slave owners. However, the Garners refused to give up slavery and continued o participate in the slavery industry. Just because the Garners are pleasant to their slaves does not justify the righteousness to own and dehumanize another person. Another example would be when Baby Suggs was required to work for the Bodwins in order to be able to stay in House 124. â€Å"’She’s the best cobbler you ever see,’ said Mr. Garner. ‘Cobbler? ’ Sist er Bodwin raised her black thick eyebrows. ‘Who taught you that? ’ ‘Was a slave taught me,’ said Baby Suggs. ‘New boots, or just repair? ’ ‘New, old, anything. ‘Well,’ said Brother Bodwin, ‘that’ll be something, but you’ll need more’† (171) The Bodwins put on a kind front by offering a house of theirs to Baby Suggs. However, by asking Baby Suggs what jobs she can fulfill, the Bodwins expose a bit of their own selfishness of requiring Baby Suggs to provide a service at her own expense in order to be able to live in the â€Å"given† House 124. This shows that even with purchased freedom and the â€Å"help† from liberals, Baby Suggs still struggled as a â€Å"free† African American in society. Speaking of the Bodwins, the abolitionist siblings provide yet another example of why liberals are critiqued. †¦ Denver left, but not before she had seen, sitting on a shelf by the back door, a blackboy’s mouth full of money. His head was thrown back farther than a head could go, his hands were shoved in his pockets. Bulging like moons, two eyes were all the face he had above the gaping red mouth. His hair was a cluster of raised, widely spaced dots made of nail heads. And he was on his knees. His mouth, wide as a cup, held the coins needed to pay for a delivery or some other small service, but could just as well have held buttons, pins, or crab-apple jelly. Painted across the pedestal he knelt on were the words ‘At Yo Service’†Ã‚  (300) Even though the Bodwins are helping Denver find a job, having a statue of a black boy erected in their home goes to show the reader how hypocritical the Bodwins were in that they did not see African Americans as true equals to whites. Especially with the phrase â€Å"at yo service,† it implies that the Black boy statue represents Blacks are those who are always serving; if the Bodwins really wanted to help abolish slavery and move closer to racial equity, they would not have had that degrading statue in the first place. The second standard of Critical Race Theory is Interest Convergence. Interest Convergence is defined as an illusory â€Å"improvement† towards racial equity which means that those who helped the African Americans did not do so out of pure kindness, but because of other motives that were fueled by selfish intentions. In the beginning of Beloved, an instance of interest convergence appears when Mr. Garner brags about his slaves on Sweet Home plantation. â€Å"‘Y’all got boys,’ he told them. ‘Young boys, old boys, picky boys, stroppin’ boys. Now at Sweet Home, my niggers is men every one of em. Bought em thataway, raised em thatway. Men every one’† (12). By bragging about his slaves, Mr. Garner fools his slaves into thinking that he is bragging because he is genuinely proud of his slaves; however, Mr. Garner’s true intention for bragging about his laid-back treatment for his slaves is that Mr. Garner wants to present himself as a friendly and generous man to those outside of his plantation which would raise his status. Mr. Garner displays interest convergence once again when he teases other slave owners about their style of treatment. â€Å"‘Beg to differ, Garner. Ain’t no nigger men. ’ ‘Not if you scared, they ain’t. ’ Garner’s smile was wide. But if you man yourself, you’ll want your niggers to be men too. ’ ‘I wouldn’t have no nigger men round my wife. ’ It was the reaction Garner loved and waited for. ‘Neither would I,’ he said. ‘Neither would I,’ and there was always a pause before the neighbor or stranger, or peddler, or brother-in-law or whoever it was got the meaning. Then a fierce argument, sometimes a fight, and Garner came home bruised and pleased†¦Ã¢â‚¬  (12) This quote shows that by gloating about the less harsh treatment his slaves receive compared to other slave owners, Mr. Garner attempts to justify himself as a man. Mr. Garner puts down other slave owners not because Mr. Garner cares about his slaves as human beings, but to protect his masculinity through the less violent treatment he gives to his slaves on Sweet Home. Another instance of interest convergence would be when Baby Suggs was given the House 124 which was formerly owned by the Bodwins. â€Å"It was too big a house for Jenny alone, they said [†¦] but it was the best and the only thing they could do. In return for laundry, some seamstress work, a little canning and so on (oh shoes, too), they would permit her to stay there. Provided she was clean† (171). The reason why the Bodwins had no hesitance to give House 124 to Baby Suggs is because they had bad memories about it; found on page 305, all of Mr. Bodwin’s female family members have died in House 124 like his mother, grandmother, aunt, and older sister. On the outside perspective, one may think that the Bodwins are just being supportive and thoughtful because they just gave a house to a stranger, but they are actually selfish, as the siblings are looking at this opportunity as a way to get rid of their unwanted property by giving it to someone else which in this case happens to Baby Suggs. The third standard of the Critical Race Theory is whiteness as property. Whiteness as property states that those who are white possess more privileges than those of color. These privileges can be sold, shared, or given according to the decisions of those who are white. A scene where whiteness as property is prominent is when Halle purchases his mother, Baby Sugg’s, freedom. â€Å"When Mr. Garner agreed to the arrangements with Halle, and when Halle looked like it meant more to him that she go free than anything in the world, she let herself be taken ‘cross the river. †¦] What does a sixty-odd-year slavewoman who walks like a three-legged dog need freedom for? † (166) In America’s days of slavery, only whites got to enjoy the freedom as written in the American Constitution. It took Halle’s bartering to buy his mother’s freedom because she was a colored woman, something that belonged to the whites was being bought and in this case it was Ha lle’s blood and sweat that purchased Baby Sugg’s â€Å"freedom. † Another scene that illustrates whiteness as property occurs on Sweet Home plantation when Schoolteacher measures Sethe’s body and gives her animal characteristics. Schoolteacher’d wrap that string all over my head, ‘cross my nose, around my behind. Number my teeth. I thought he was a fool. And the questions he asked was the biggest foolishness of all† (226) and â€Å"No, no. That’s not the way. I told you to put her human characteristics on the left; her animal ones on the right. And don’t forget to line them up† said school teacher (228). Through these quotes, one can see that one of the privileges held by slave owners, all being whites, was the measuring of another human’s body. By giving Sethe â€Å"animal characteristics,† Schoolteacher dehumanizes her which is also part of the white â€Å"privileges† during the era of slavery. Whiteness as property is also prevalent in the scene where Paul D. has a flashback to the days where he was a slave. â€Å"Shackled, walking through the perfumed things honeybees love, Paul D. hears the men taking and for the first time learns his worth. He has always known, or believed he did, his value—as a hand, a laborer who could make profit on a farm—but now he discovers his worth, which is to say he learns his price. The dollar value of his weight, his strength, his heart, his brain, his penis, and his future† (267) The job of marking values onto the African slaves was also owned by white slave drivers. By setting a price on Paul D. ’s body parts, this counts as dehumanizing since giving worth to body parts is what butchers do to the animals they slaughtered in this case, the animals were humans being controlled by other humans because of differences in color. The fourth and fifth standards of Critical Race Theory are permanence of racism/ incremental changes and counter-storytelling. These can be linked together because through counter-storytelling, permanence of racism/ incremental change is revealed. An occurrence of this would be the scars that Sethe received from a brutal beating in Sethe’s days as a slave. â€Å"Whitegirl. That’s what she called it. I’ve never seen it and never will. But that’s what she said it looked like. A chokecherry tree. Trunk, branched, and ever leaves. Tiny little chokecherry leaves. But that was eighteen years ago. Could have cherries too now for all I know† (18) and â€Å"After I left you, those boys came in there and took my milk. That’s what they came in there for. Held me down and took it. I told Mrs. Garner on em. She had that lump and couldn’t speak but her eyes rolled out tears. Them boys found out I told on em. Schoolteacher made one open up my back, and when it closed it made a tree. It grows there still† (20) Counter story-telling is seen by Sethe telling the story of how she got her back scars and the back scars represent thew mark racism, explaining why the white slave owners beat their slaves. The scars are for life which signifies the permanence of racism and how racism will never really disappear because it is so deeply engraved into society’s mindset. One other occurrence that illustrates permanent racism/incremental change and counter story-telling very well is when Sethe is telling her tale of having to sew her own wedding dress. â€Å"I never saw a wedding, but I saw Mrs. Garner’s wedding gown in the press, and heard her go on about what it was like. [†¦] Well, I made up my mind to have at the least a dress that wasn’t the sacking I worked in. So I took to stealing fabric, and wound up with a dress you wouldn’t believe. [†¦] Seem like I couldn’t find a thing that wouldn’t be missed right away. Because I had to take it apart afterwards and put all the pieces back to where they were† (70) Through Sethe’s story, Sethe proves to be resilient and determined against the unjust economics of slavery. Slaves were not allowed to have weddings or any types of luxury which illustrates the mark of racism. Another occurrence of both permanence of racism/ incremental change and incremental change would be when Stamp Paid reveals a part of his life about having to give up his own wife to a white man slave driver. â€Å"I never touched her all that time. Not once. Almost a year. We was planting when it started and picking when it stopped. Seemed longer. I should have killed him. [†¦] I never touched her and damn me if I spoke three words to her a day. [†¦] She got rosy then and I knowed she knowed. He give Vashti that to wear. A cameo on a black ribbon. She used to put it on every time she went to him† (275) In Stamp Paid’s narrative, Stamp tells Paul D. that he had to sacrifice his wife Vashti to the white slave driver’s will which is a sign of racism. The white man got what the white man wants while the one of color, Stamp Paid, was forced to give up someone dear to him. The content, story-telling techniques and thematic message Toni Morrison makes use of in Beloved aids in the understanding of the Critical Race Theory. First off, Beloved pertains to African Americans in the era of slavery which instantly brings up the topic of racial equity and is bound to include points of analysis for the Critical Race Theory. Secondly, the story-telling technique challenges the reader to be able to put themselves into the shoes of another. â€Å"Beloved, she my daughter. She mine. See. She come back to me of her own free will and I don’t have to explain before because it had to be done quick. Quick. ] Paul D ran her off so she had no choice but to come back to me in the flesh† (236) is an internal monologue of Sethe and then, â€Å"It was a tiny church no bigger than a rich man’s parlor† (257) the story converts back to third person. By switching from internal monologues to a third person point of view, the author makes it known that the story is being told by a person who experienced racial inequity themselves which helps the reader grasp a better idea of the issues that the African American people had to deal with. This also allows the reader to formulate a well-structured position in racial topics and nderstand the Critical Race Theory because the reader will be able to recognize qualities of the Critical Race Theory through the perspective of the African Americans. â€Å"How else except by becoming a Negro could a white man hope to learn the truth. . . . The best way to find out if we had second-class citizens, and what their plight was, would be to become one of them . . . † This quote was stated in the article called White Like Me Race and Identity Through Majority Eyes by Tim Wise; the quote enforces the idea that one must dive deep into the experiences another endured to derive any substantial understanding. The thematic message of Beloved is how the past will always linger and affect one’s mind for a lifetime especially if the event is very traumatic like slavery. The thematic message emphasizes the Critical Race Theory point â€Å"permanence of racism and small incremental changes† through flashbacks and interactions the characters have. The character Beloved is enough to represent the thematic message because she symbolizes the past. Beloved is a past memory that grips Sethe’s mind since she is the ghost of the Sethe’s daughter in which Sethe killed due to the arrival of slave catchers. So by inserting Beloved’s appearance in the storyline, the author metaphorically hints that she, Beloved, is the past resurfacing in Sethe’s life which is permanence of racism. Some may argue that Beloved is not an excellent choice because â€Å"typical† high school students lack the intelligence to understand the context presented in Beloved. That accusation is insufficient because this novel is very mind engaging and is an excellent choice to use as an education tool for high school seniors on the topic of race. Beloved may be a difficult read at first because of the prominent usage of flashbacks in the novel. This can make the storyline a bit jumbled and confusing to the reader since Morrison dishes out the story line in bits and pieces. However, Morrison uses transitions, whether they be abrupt or subtle, that provide hints which let the reader know that the story has transitioned into a flashback for example, â€Å"Once before (and only once) Paul D had been grateful to a woman. Crawling out of the woods, cross-eyed with hunger and loneliness, he knocked at the first back door†¦Ã¢â‚¬  (154). In this excerpt, Toni Morrison uses a time reference phrase â€Å"once before† to alert the reader of a flashback in which she goes into elaborating the flashback. The reader should be able to realize he or she is reading a flashback due to a shift in setting and (possibly) different characters. One should not disregard a novel due to the language because with guidance, an effective teacher can help his or her students comprehend the message that Toni Morrison is conveying through Beloved. Toni Morrison offers plenty of valuable examples on racial tensions that would be a shame to pass up just because the novel may be complicated to fathom. The novel Beloved by Toni Morrison provides that sense of racial awareness which is why the novel should be in UCLA’s high school book selection. Beloved is rich with examples of all five principles of the Critical Race Theory that are easily absorbed by high school students with the assistance of Beloved’s content, story-telling technique, and thematic message. When students learn about Critical Race Theory and the experiences of those who encountered extreme racial hostilities, students will have a more broad perspective. Students will have a new outlook on situations that deal with race and know that one must put themselves into another’s shoes in order to genuinely understand the hardships and feelings of the other. Work Cited Keating, Catie. Race Analysis of Toni Morrisons Beloved. Yahoo! Contributor Network. News Network, 3 Nov. 2010. Web. 19 Feb. 2013 Martinez, Inez. Toni Morrison’s Beloved: Slavery Haunting America. rd ed. Vol. 4. N. p. : n. p. , n. d. The Jungian Society. 2009. Web. 2 Mar. 2013. Monique. The Pulitzer Project.   Beloved by Toni Morrison (1988) Review by Monique. Blogger, 5 Feb. 2009. Web. 2 Mar. 2013. Morrison, Toni. Beloved: A Novel. New York: Knopf, 1987. Print. Smith, Valerie. Chapter 3 Beloved.   Toni Morrison: Writing the Moral Imagination. Chichester: Wiley-Blackwell, 2012. N. pag. Google Bo oks. Web. 1 Mar. 2013. Supernatural Realism.   Tripod. N. p. , n. d. Web. 2 Mar. 2013. UCLA.   Mission amp; Values. N. p. , n. d. Web. 1 Mar. 2013

DRM and trusted computing Essay Example | Topics and Well Written Essays - 250 words

DRM and trusted computing - Essay Example 131-138). Similarly, According to Reid & Caelli (2005, p. 128), trusted computing is vulnerable to MitM attack when used to enforce DRM if the attacker acts as a proxy between two communicating users. This affects the flow of information because it is distorted or manipulated to suit the interests of the attacker. Computers that use unencrypted networks are vulnerable to attacks by the man in the middle because their network traffic is easily grabbed (Luotonen 1998, p. 120). In order to avoid the vulnerability of trusted computing to MitM attacks when enforcing DRM, it is advisable for communicating computers to use encrypted network connections. This may be offered by the Https technology that makes it tricky for an attacker to interfere with the network traffic (Reid & Caelli 2005, p. 129). The Https is efficient because of the safe sockets layer (SSL) facility that shields the web-based network interchange from unauthorized users. The Https also uses certificates that can prove the identity of the servers a computer is interacting with over the internet (Strebe 2006, p.

Cash Flow Case Study Example | Topics and Well Written Essays - 750 words

Cash Flow - Case Study Example Yum Brands Inc. operates six in different segments including YUM Restaurant International, Pizza Hut (US), Taco Bell (US), KFC (US), A&W All American Food Restaurant (US), YUM Restaurant China and LJS Long John Silver’s (US). This paper comments on the difference between net cash provided by operating activities and net income by speculating on which is likely to be superior sign of profitability for the firms in the long term. The paper also comments on the data reviewed by each firm and analyze cash flow position of each firm. After analyzing the cash flows of the companies as per the information given in the case, the paper finally ends with a conclusion that comments on whether these companies has any cash flow problems or not. Net Cash Position of the Firms According to the given case study, the financial statements of the three restaurant firms for the financial year 2009 and 2010 was extracted from their respective form 10-K annual reports and the following results were found: It is important to mention that the net income of all three companies include non-controlling interest (that is, non-equity shareholders). From the above analyses it is clear that there is difference between net cash provided operating activities and net income including non-controlling interest. ... On the other hand, net income including non-controlling interest is the income of the company from all its operations and also includes external finances such as non-controlling interest (which is basically earnings from preferential equity or other fixed financial instruments). The value is not adjusted for non-cash incomes or expenditures such as working capital and depreciation (Porter and Norton, 2010, pp.666-676). Also, it does not classify exact cash amount realised from operations. This is main reason as to why there was difference between net income including non-controlling interest and net cash provided operating activities. Regarding the speculation of which number is likely to be better indicator of long term profitability, it is generally believed that net cash provided by operating activities is better indicator. This is because it is useful to determine whether the firms will be able to make necessary future investment and pay its dues in the long term. The companies m ay look great from their balance sheet and income statements, but if there isn’t sufficient cash, then it might run risk of liquidation (Plewa, 1995, pp.1-18). Data Review of the Firms The summarized data review of the three firms reveals the following results: Operating cash flow/total debt – It represents the amount of total debt that could be covered from the cash flows generated by the firms from operating activities. Higher values indicate that there is sufficient cash to repay total debt. Among the three firms under observation, this ratio was highest for Panera Bread and there was a general increasing trend in the values. Operating cash flow per share – It indicates exactly how much of

Computer crime Research Paper Example | Topics and Well Written Essays - 250 words

Computer crime - Research Paper Example These criminals are traced through the computer system, and they are got through computer IP addresses and Mac addresses which are unique with the log files they generate. These are among the various and popular problems of lack of confidentiality and privacy in the computer users. Below is a discussion of various examples of computer crimes. Some of the contents circulated in computers in various non-specific ways. These may include obscenities, inflammatory and derogatory contents of speech form people focusing on a specific target group in the society e.g. gander, race or religion among other social groups. This can also be used to propel hate speech in political volatile regions and political arrest situation where ethnicity prevails among the leaders. Fraud is a criminal act that involves false acquisition of money through the use of computer and network system. This includes hacking of bank accounts, vandalism of ATM and the use of fishers to hack password for false transfer of online money. This is an illegal practice and harms the unsuspecting victims. It is evident that information and technology and government officials have well documented numerous incidents on the breakdown of servers and network infrastructures due to sabotage (Parker, 1983). These criminals pulls down the servers, and stop the normal operation causing loss of data, and siphoning information from the servers and hence causing many institution suffer from computer terrorism

How to improve the integration of a poka yoke solution from the user Literature review

How to improve the integration of a poka yoke solution from the user perspective - Literature review Example Sissonen’s research based on the fact that large-scale production systems usually employ mass customization processes and activities with large configurability, requiring highly sophisticated approach2. They argue that lack of mistake-proofing or low level of mistake-proofing can result in too many or severe quality issues in mass production systems. However, Da Silveira, Borenstein and Fogliatto argued that it should also be noted that mass customization cannot be adopted for all types of products, processes or consumers3. The ability to identify reasons for mass customization is important from managerial perspective in order to reinforce predictability of demand, which will eventually spell the success of the product/business. Kaplan, Schoder and Haenlein built their research on Frank and Piller’s proposition that mass customization from a consumer’s perspective has critical implications for managers and the business because this decision usually depends on two factors: the value customers gain by using a mass customized product relative to their needs, and secondly, the returns of a process design that gives optimum results4. Squire et al.’s point that highlights price, quality and technical attributes as the most probable value-creating criteria that determine the need and demand for mass-customized products and processes is indicative of the need for mistake-proofing. Mistake-proofing therefore adds great value to the effectiveness of mass-customization in terms of profits, quality, and business growth5. Examples of mistake-proofing in mass-customization6: a) Machinery with warning lights to highlight improper positioning or usage of parts; b) A device to count the number of holes drilled in a work piece to indicate correct/incorrect number of holes drilled; c) Double verification of passwords in IT systems; d) Signals to indicate open or improperly closed doors in cars etc. e) Automated checking and saving Microsoft Office docu ments. These examples indicate the application of mistake-proofing in mass-customization from product, process, and consumer perspectives. Evans highlights Chase and Stewart’s point that mistake-proofing in mass-customization for services sector should account for both customers’ and service providers’ activities7. Mistake-proofing methods must be set up for various activities involved in providing a particular service, which is characteristic of service industry. For instance, a banking service might provide various facilities to their customers for the same product, like withdrawal of money from ATM, direction transaction with bank, phone, cheque book etc; each of these multiple service options will require efficient mistake-proofing techniques to prevent errors, frauds and losses. Although the error-free activity is the responsibility of the bank, its liaison with manufacturing units is inevitable and the mistake-proofing techniques provided in some of these services are usually fixed by the manufacturers. For instance, for ATM machines to indicate error/fraud, mistake-proofing tools, such as warning lights/signals, need to be incorporated during its manufacturing process. According to Swaminathan, factors in general that necessitate or support mass customization obviously include large scale production and predictable demand, similar products, similar processes, and cost-reduction8.

Factors Influencing Online Shopping Behavior of the Consumers of Dissertation

Factors Influencing Online Shopping Behavior of the Consumers of Thailand - Dissertation Example This research will begin with the statement that in the modern era of rapid globalization and advancement of technology, the firms all around the world are facing a tremendous competition in the domain of attracting the different markets, to be specific, attracting the customers. Every firm is thriving by the usage of various channels which helps them to reach their target customers. Today the entire world has become a local market place and the entire population of the world has become the target market for the marketers. The increased application of technology has made the task easier for both the customers and the marketers. The recent trend of using internet for the purpose of shopping is gaining popularity all across the world. The topic we are dealing with is the behavior of the shoppers in Thailand with respect to online shopping. The previous studies on this topic shows that online shopping have been already recognized as a popular trend among the customers of UK however itâ €™s yet to gain heights of popularity in developing countries like Thailand. The study conducted by the Thai National Electronics and Computer Technology Centre (NECTEC) reveals that the total number of shoppers in Thailand includes almost 23.6% internet shoppers. Also their online shopping decision is influenced greatly by their friends, family and colleagues. Thus its evident from previous studies that online shopping is already a familiar term in Thailand.

U.S companies that move factories to undeveloped nations barely pay Research Paper

U.S companies that move factories to undeveloped nations barely pay employees enough to live on. Is it unethical to pay cheap wages or are companies doing those workers a favor - Research Paper Example Furthermore, production plants in those countries work on a contractual basis with American corporations (Rock 26). On the other hand, most Americans are not aware that their desire for shopping drives an extremely controversial business. The availability of cheap unskilled labor within these countries prompts most American corporations to establish their production facilities within their boundaries. However, the controversies surrounding these corporations drive the ethical and moral questions posed in relation to their operations within these countries. American clothing and electronic companies have continuously built production lines abroad from time immemorial. Harsh working conditions, poor pay and unfair commanding managers have characterized these production lines located in under-developed countries. These corporations have additionally employed the services of young, unauthorized minors in their factories. Recently, many multinational corporations from the United States have resulted to construction of these factories in undeveloped countries as a strategic move to expand their businesses (Gupta n.d). Most sweatshops operational in the world currently are in the Asian continent. Looking at the issue of Sweatshops from a purely commercial point of view, it is a very profitable industry because they benefit from low-wage labor in third world nations and considerably decrease manufacturing costs. Numerous footwear and textile companies from the United States have been heavily associated with offshore operations in underdeveloped countries. Big brand names such as GAP, Levis and Nike have all been heavily associated with countless contraventions of basic requirements for the recommended reasonable working conditions in their manufacturing plants (Dickson 48). All the three named companies’ client bases and main offices are situated in the United States while the sections involved in the production of their goods are situated in Asia.

Exam Essay Example | Topics and Well Written Essays - 250 words - 5

Exam - Essay Example There are also a number of events that are identified such as the conquering of the Danish by the English, entertainment activities by the English, the King’s banning of the game, and the eventual origination of football. All of these confirm that the paragraph is a narration. As the name suggests, a process analysis involves an exposition on how a process is carried out, with an accompanying factor of the effect of various stages of the process on the other (Fowler and Aaron, 2002). Generally, a process analysis would involve a central target or goal that needs to be accomplished. But to accomplish this, a doer is required to put in place a number of tasks or achieve a series of specific objectives, known as processes. In the paragraph above, it would be seen that a central goal of a meal needs to be achieved. But to achieve this effectively, there are specific tasks to fulfill such as sautà © onion, stirring in flour, among other processes. The paragraph also rightly gives out an analysis of the process as it emphasizes that serving the meal hot is the best way to get results from

Post-Traumatic Stress Disorder symptoms Essay Example for Free

Post-Traumatic Stress Disorder symptoms Essay I. Importance of Study Found in the Journal of Advanced Nursing, a group of Norwegian psychologists conducted an observational longitudinal study to discover whether or not there is a relationship because Health Related Quality of Life (HRQoL), and Post-Traumatic Stress Disorder symptoms (PTSD). Mette Senneseth, Kjersti Alsaker Gerd Karin Natvig, conducted this study. According to the journal, the aim of the study was to examine HRQoL and PTSD symptoms in the people that attend Accident and Emergency departments (AE), due to the fact that they suffer from some type of psychosocial crisis (Alasker et al. 2011, 403). Hereafter, this is referred to as Research 1. The study done in Research 1 revealed that there has been an interest in researching one’s quality of life, and how it correlates with one’s health. The term HRQoL refers to the â€Å"effects of health, illness and treatment on QoL† (Alasker et al. 2011, 403). There have been a number of studies that suggest that traumatic life events, including, but not limited to, sexual assault and military combat, have a negative effect on HRQoL. Additionally, poor HRQoL is not only associated with PTSD symptoms, but they are related to differences and modification in HRQoL, and there is a negative correlation between the two (Alasker et al. 2011, 403). The researchers hypothesized that people who seek help at AE, suffering from such psychosocial calamites, have lower HRQoL than the general population of Norway at the time of the study, and that the participants will have improved HRQoL after two months (Alasker et al . 2011, 403). In addition, a second hypothesis predicts that participants who have high levels of PTSD symptoms at the time of the study will have reduced symptoms after the conclusion of the study at two months. Lastly, the third hypothesis wraps the study up by predicating that high levels of PTSD symptoms are associated to low HRQoL scores in a follow-up experiment (Alasker et al., 2011, 403). Found in the Cyber-psychology, Behavior and Social Networking Journal, a group of researchers conducted a study to compare the effects of VR-graded exposure therapy (VR-GET) versus treatment as usual (TAU) on people suffering from combat related PTSD (McLay et al. 2011, 223). Robert Mclay, Dennis Wood, Jennifer Webb-Murphy, James Spira, Mark Miederholf, Jeffery Pyne and Brenda  Wiederhold conducted this study. Hereafter, this is referred to as Research 2. The doctors responsible for conducting this study found that there has only been one â€Å"randomized, controlled proof-of-concept† study that was specifically designed for Active Duty Service Members suffering from PTSD (McLay et al. 2011, 223). Also, the doctors wanted to extend the â€Å"already found research gathered† from victi ms of PTSD, and take the study one step further. The researchers of Research 2 hypothesized that â€Å"patients with combat-related PTSD would be more likely to experience clinically significant improvements in VR-GET than treatment as usual† (McLay et al. 2011, 224). VR-GET is a virtual reality stimulation that combines graded virtual reality exposure with â€Å"physiologic monitoring and skills training† (McLay et al. 2011, 224). Also, VR-GET promotes engagement with, rather than escaping the events and experiences that prompt a traumatic episode. II. METHODS In regards to Research 1, the participants in the study had to meet three criteria before they were able to participate. During the recruitment period, the researchers found participants who were attending the AE due to a â€Å"psychosocial crisis and who consulted a psychiatric nurse,† were 18 years of age or older, and those who were able to both read and understand Norwegian (Alasker et al. 2011, 404). A total of 113 were asked to participate in the study. Of those 113 people selected, 99 of the people participated in the baseline study, and 41 participated in both the baseline study, and the follow-up study. Aforementioned, this was an observational longitudinal study, where participants were observed repeatedly over a long period of time. There were two types of instruments that were used for the research in Research 1. The first instrument that was used was a SF-36 Health Survey, which is a â€Å"36 item self-report questionnaire that assesses eight domains of physical and MH ranging from 1-100† (Alasker et al. 2011, 404). In this survey, the higher score reveals the best HRQoL, and the lower score reveals the poorest HRQoL (Alasker et al. 2011, 404). The second instrument that was used for this study was the Post-traumatic Symptom Scale (PTSS-10), which is a ten item self-report questionnaire that â€Å"assesses the presence  and intensity of symptoms† (Alasker et al. 2011, 404). On the PTSS-10, scores range from 10 to 70, and a score of 35 or greater results in a PTSD diagnosis (Alasker et al. 2011, 404). In addition to the two questionnaires, participants were encouraged to go to consolations at the AE. The number of consultations that each participant attended varies throughout the study. In regards to Research 2, â€Å"participants for the study were all Active Duty Service Members who had been diagnosed by a military mental health professional as having PTSD† related to military combat (McLay et al. 2011, 224). At the end of the baseline assessment, those who were qualified to participate in he study were asked to draw a piece of paper out of an envelop, making the selection of treatment completely random, and giving the participants an equal chance of choosing either treatment. There were a total of twenty people that participated in this study; ten assigned to the VR-GET and another ten assigned to TAU (McLay et al. 2011, 225). The two methods of Research 2 consisted of the VR-GET and the TAU. The participants that were assigned for the VR-GET had a sequence of sessions that consisted of different activities. First, the therapist would meet with the participant and discuss their trauma history. In the second session, participants were asked to reveal their more traumatic stories of their military combat and tours. In later sessions, the participant used the virtual reality helmet to relive their most traumatic events, based off of the information that was gathered about them in the earlier sessions. In each session, the participants were observed on their ability to face their fears and anxieties (McLay et al. 2011, 225). â€Å"Participants assigned to TAU could receive any of the regular services available to them at the NMCSD and NHCP. These two facilities offer full spectrum of PTSD treatment, including, but not limited to, cognitive processing therapy, prolonged exposure, and group therapy† (McLa y et al. 2011, 225). III. ANALYSIS/RESULTS Analysis The researchers for Research 1 used the two self-report questionnaires to gather their data. In addition, the researchers processed the data using  statistical analysis with the help of SPSS16 Processor for Windows (Oslo, Norway). The researcher for this study wants to compare the results of the two surveys with the general population of Norway, and to succeed with that, they used SF-36 data through the Norwegian Coordinated Living Conditions Survey from 2002, consisting of 5131 people (Alasker et al. 2011, 405). In Research 2, it was found that participants in the baseline study had lower norm-based scores in all eight HRQoL domains in comparison to the general population of Norway. In the follow-up study, two months later, the â€Å"participants still had lower norm-based scores than the general population of Norway, but participants had improved their HRQoL in five of the eight domains from the baseline study to the follow-up study† (Alasker et al. 2011, 406). In regard to the PTSS-10 questionnaire in Research 1, among the participants in the baseline study, 79% of them had a PTSS-10 score that was 35, expressing high levels of PTSD symptoms (Alasker et al. 2011, 406). At the follow-up, â€Å"59% of the participants had a PTSS-10 score that was 35, which shows high levels of PTSD symptoms, which can indicate a risk of developing PTSD† (Alasker et al. 2011, 406). The researchers for Research 2 aimed to identify which of the VR-GET or TAU would yield a greater percentage of participants with a â€Å"clinically meaningful reduction in PTSD† (McLay et al. 2011, 225). The researcher succeeded in deepening their research by investigating the â€Å"difference in CAPS scores at an initial assessment and then at the post-treatment assessment in VR-GET versus TAU† (McLay et al. 2011, 226). The CAPS is a â€Å"rating scale for PTSD that corresponds with the 17 symptoms of PTSD† (McLay et al. 2011, 226). Participants were classified according to whether or not they had a 30% of larger reduction of their PTSD based on the results of their CAPS. ii. Analysis Results Taking a look at Research 1, and the question concerning whether or not there is a link between PTSD symptoms and HRQoL, researchers looked at the differences in SF-36 scores between PTSS-10 subgroups in a follow-up study (Alasker et al. 2011, 406). â€Å"The PTSS-10 high scoring and low scoring subgroups at the 2-month follow-up differed in all eight of the HRQoL domains in the follow up study† (Alasker et al. 2011, 406). In addition, the PTSS-10 low scoring participants had improved HRQoL in six out of the eight domains (Alasker et al. 2011, 407). In regards to Research 2, all ten of the participants assigned to the VR-GET were assessed with the CAPS at the post-assessment. Seven out of the ten participants showed an improvement of 30% or more on the CAPS. On the other hand, out of the ten participants that were assigned to the TAU, one did not complete a CAPS assessment. Nevertheless, one out of the nine returning participants receiving the TAU revealed more than a 30% improvements on the CAPS (McLay et al. 2011, 226). â€Å"There was no significant difference between VR-GET and TAU average CAPS scores both before and after the treatments, but there was indeed a significant difference in the average CAPS score over the course of the entire treatment† (McLay et al. 2011, 226). IV. DISCUSSION Results Summary Concerning Research 1’s first hypothesis, participants of the study reported lower HRQoL compared to the general population of Norway in all eight HRQoL domains (Alasker et al. 2011, 408). In regards to the second hypothesis, participants in Research 1 reported high levels of PTSD symptoms at the time of the baseline experiment. Furthermore, PTSS-10 scores did improve from the time of the baseline experiment to the follow-up. The results show that PTSD symptoms decrease for people suffering from a psychosocial crisis in the 2 months after attending the AE (Alasker et al. 2011, 408). Lastly, concerning the questions if there is a link between the level of PTSD symptoms and HRQoL in the follow-up study, the researchers found that a â€Å"high level of PTSD symptoms after a two month period were linked to lower HRQoL† (Alasker et al. 2011, 408). Results for Research 2 Strengths and Weaknesses In regards to Research 1, there are many strengths and lurking variables that should be pointed out. One strength of the study was that they  progress of the study was completely up to the participant. The participant had the option as to how may consultations they wanted to attend, and the varied decisions led to different results. Another strength of the study was that they used instruments that were both appropriate to the study, and reliable. On the contrary, there were several confounding variables in Research 1 that must be acknowledged. First, there is no evidence that anyone in this trial was on any sort of anti-depressant or medication that would affect his or her scores on the SF-36 and the PTSS-10. Also, there are so many different traumatic events that would cause someone to show symptoms of PTSD. The study should limit its participants to those who experienced similar types of trauma. As for Research 2, there were also strengths and weaknesses to the study. As for its strengths, the doctors did a good job through their selections process to select a small group of people who were highly qualified for this study. Also, the exam that was used to measure the severity of the participants PTSD was based off of seventeen symptoms of PTSD, whereas the instrument used in Research 1 (PTSS-10) only focused on ten symptoms of PTSD. Lastly, the ten-week span of the study was appropriate in yielding results. Just like any other study, there are confounding variables that need to be identified for Research 2. Although the goal was to get the participants in for a reassessment at the conclusion of the study (ten weeks), reassessment for some did not occur until as far as 36 weeks. With that being said, participants have plenty of time to have a relapse, or more time in combat that can result in more severe PTSD. iii. Future Directions The researchers of Research 1 suggest that a â€Å"randomized control trial with a control group is needed to investigate the effect of the psychosocial interactions that are given to this group† (Alasker et al. 2011, 407). In addition, they suggest that it is crucial to get more, information about the long term effects of acute crisis intervention on PTSD symptoms and HRQoL â€Å"given by psychiatric nurses to participants† (Alasker et al. 2011, 410). The researchers of Research 2 also have some suggestions for further directions of this research. It was stated that other studies on the topic  of virtual reality therapy on PTSD victims, improvements in symptoms aren’t visible until sometimes three months after treatment. For future studies there needs to be a longer wait time for the follow-ups so that there can be the most accurate results. In addition, the journal states that careful monitoring of the participants is also something that needs to be done more thorough in the future because a participants overall health, aside from PTSD, must be taken into consideration when the researchers are making observations and conclusions about the participants (McLay et al. 2011, 226). Works Cited Mette Senneseth, Kjersti Alsaker, Gerd Karin Natvig. (2011). Health-related Quality of Life and Post-Traumatic Stress Disorder Symptoms in Accident and Emergency Attenders Suffering From Psychosocial Crises: a Longitudinal Study, Journal of Advanced Nursing 68(2), 402-414. Retrieved from http://web.ebscohost.com.rocky.iona.edu:2048/ehost/pdfviewer/pdfviewer?sid=6c7164f6-d4f6-4ce6-8a46-f1ad579caf63%40sessionmgr15vid=5hid=24 Robert N. Mclay, Dennis P. Wood, Jennifer A. Webb-Murphy, James L. Spira, Mark D. Wiederhold, Jeffery M. Pyne, Brenda K. Wiederhold. (2011). A Randomized, Control Trial of Virtual Reality-Graded Exposure Therapy for Post-Traumatic Stress Disorder in Active Duty Service Members with Combat-Related Post-Traumatic Stress Disorder. Cyberpsychology, Behavior, and Social Networking Volume 14, Issue 4. Retrieved from http://web.ebscohost.com.rocky.iona.edu:2048/ehost/pdfviewer/pdfviewer?sid=61603dcf-c639-423e-8f1e-365db0b36d61%40sessionmgr13vid=4hid=24

Organisational Change Management Essay Example for Free

Organisational Change Management Essay Organizational Change Management encompasses all activities aimed at helping an organization successfully accept and adopt new technologies and new ways to serve its customers. Effective change management enables the transformation of strategy, processes, technology, and people to enhance performance and ensure continuous improvement in an ever-changing environment. A comprehensive and structured approach to organizational change management is critical to the success of any project that will bring about significant change. Fig I. Adapted from State of Oklahoma CORE Project Change Management Plan In any large implementation, the Project Team can expect to experience resistance and reluctance to change. The Organizational Change Management will provide the various stakeholder groups information about the project’s purpose, scope, benefits, timeline and training opportunities as well as how the individual job environment will change due to the implementation of the applications. The messages we will provide via this plan will be customized, based on the specific needs of each group affected by the project. It is the intent of the project team that this Organizational Change Management effort will lessen the â€Å"Production Dip† that is inevitable in any varied and complex project. 2. Objective †¢ Discuss the Organizational Change Management team and explore ways Organizational Change Management can work with Apps Delivery †¢ Cover Organizational Change Management tools †¢ Explain Organizational Change Management metrics 3. Organizational Change Management Scope Overview a. Stakeholder Management The impact of organizational change imposed by implementation of a project should always be taken into account. To promote a successful delivery, identify who will be affected by the business process and technology changes that the project will cause. 1* For each stakeholder, determine their degree of support for the project and their influence on the organization. Develop a plan for how to build greater support among those with the most influence. 2* Identify stakeholders’ current and target level of project awareness. Ensure that stakeholders have an accurate understanding of the goals and anticipated impact of the project. 3* Assess your organization to identify enablers and challenges to implementing the project 4* Enroll stakeholders to participate in initiatives and to advocate/facilitate change. b. Communication Good communication is the lifeblood of any project. It is essential that the Project Manager provide timely and high quality information about the project to all stakeholders. It is equally important to listen to the stakeholders. Actively solicit their feedback and then respond constructively. 5* Identify the stakeholder groups in your project (e.g., senior management; end-users; sponsor) 6* Develop a communication plan that specifies who will get what information at what time, in what format and through what means of delivery (See section on Communication below) 7* Monitor feedback and respond in a constructive manner Discuss and record lessons learned throughout the project. Use them to improve how the next project may be carried out. c. Training Many IT projects fail because the user community receiving the product of the project (or the IT group responsible for maintaining it) does not receive adequate or properly focused training. It is important to understand the training needs of each stakeholder group, develop targeted training activities, and deliver content with the appropriate method. A good training plan will serve as an effective road map for training activities. d. Stakeholder Objectives An Audience Assessment will help you to determine the best feedback channels for each identified stakeholder group. It is important to understand the major questions and concerns that these groups may have, so that adequate attention can be paid to correcting misunderstandings, filling in the gaps, undoing rumors, etc. If you understand what the potential barriers to acceptance are, you will be better prepared to take proactive action to eliminate them. On the basis of these data, the project team will take appropriate steps (e.g. meetings with stakeholder groups, set up an information web site, distribute a newsletter) to alleviate the concerns of our Stakeholders and ensure that additional difficulties with perceptions about the project do not arise. These actions are detailed in the project’s Communication Plan. 4. Communication Objectives Effective strategic communication is the key to successfully implementing large-scale organizational initiatives. Interview your major stakeholders and find out what information they need. Based on this information, establish a formal Communication Plan that spells out in detail who requires what information, how they will get it, who will provide it, and the means and timing of all regular communications including reports, meetings, postings on web sites, etc. Consider every means of communication at your disposal to get the work out about the potential benefits, timing and training opportunities associated with your project. Make the Communication Plan available to all stakeholders, and be open to modifications in it as your needs change. Communication is the glue that binds internal and external stakeholders to the vision, mission, goals and activities of the project. Effective communication engages the hearts and minds of all stakeholders by facilitating movement along the continuum presented below. Fig II. Taken from State of Oklahoma CORE Project Change Management Plan 5. Training Objectives As stated earlier, training may be a crucial component of your Organizational Change Management Plan. Especially where business process is changed or new skills are required, it is paramount that employees be fully prepared before they are expected to perform new duties. The following steps will help you establish a training program appropriate to your project: Review your organization’s policies and procedures and determine which of them may require modification. Work with the organization to help them adapt to the changes. Learn the impact your project will have on individual jobs and workflow. Where impact is substantial, ensure that focused training is available. In the tables that follow, record the groups relevant to your project, their specific training needs and information about the training materials and facilities that you will use. Establish an appropriate curriculum. It is possible that the same material should be presented in very different ways depending on the background and skill level of the audience (e.g. business staff may require a less technical presentation than IT staff). Find or develop well qualified trainers. Create a plan for the post-implementation training support that may be required as new employees come into the organization, or as existing employees change jobs.) The project is expected to require significant modifications in the organization’s workflow and policies. So that the employees will be properly prepared when the new system comes on line, the project team has conducted extensive analysis of training needs. Based on this, the team has produced a plan that should smooth the way to a successful implementation. Steps taken include the following: a. Perform and Analyze the Results of a Job/Workflow Impact Analysis This system implementation will result in changes to business workflow. These changes will have a significant impact on the skills required of some of the people who will use the new system. In order to ensure that adequate training is provided, the project team performed a gap analysis between skills available and skills required, as follows: 8* Identify those positions (i.e. jobs) affected by the new system 9* Used specific tasks to link positions to new workflows (i.e. linked tasks required in the workflows to tasks performed as part of individuals’ jobs). 10* Noted those tasks that have changed. 11* Listed the skills required to perform each task 12* Determined if existing employees already have the skills needed to perform the new or changed tasks 13* Have arranged for training where skill gaps exist 14* Mapped positions to components of the new system 15* Are taking steps to ensure that each individual receives training for the components they will use 16* Will modify recruiting profiles to reflect new skill sets b. Provide the Organization with Information Necessary to Prepare for Upcoming Changes 17* Reviewed the policies and procedures of each major group in the organization that will be impacted by the new system (e.g., divisions, departments, etc.). 18* Identifed those policies and procedures that will change as a result of the new system. 19* Provided a checklist of needed changes to each organizational unit. 20* Assist organizational units in development of plans to adapt to the changes. c. Develop Curriculum and Content It proved necessary to develop very focused training programs for the various stakeholder groups in this project. Therefore, the training team has tailored the curriculum (topics covered, reference and other training materials used) and the content (specific information to be delivered) for each group. The training will be provided in settings appropriate to the content and group responsibilities (e.g., Technical group in the computer room; office personnel in a training room). The training team has paid serious attention to methods of delivery, and as a result while most employees will receive classroom presentations, certain groups will receive hands on training. In addition, several Powerpoint-based presentations will be made available on the project web site as a means of distributing key information about the project to all stakeholders. The following list was used as a guide in development of this training program: 21* Staff will receive training on new business processes prior to technology training, in order to help understanding and acceptance. 22* Advance arrangements have been made for all facilities and equipment required for training. 23* The training team will hold overview sessions with employees to explain conceptual differences between existing system and the new system. 24* Focused hands-on training will be provided where it can be expected to have significant impact. 25* Given the extensive nature of this implementation, the training team has developed module-specific curriculum outlines with learning objectives, agendas, materials, instructors, etc. 26* Training materials will be made specific to each audience. 27* We will use the train-the-trainer method as a means of cutting cost and also ensuring that training can be made available in the future. 28* The training team plans to develop job aids (checklists, workflow summaries, etc.) for use after rollout. 29* The training team w ill conduct surveys to evaluate the effectiveness of training. The organization will use this information to improve the training program in future implementations. 6. Training Plan Strategy Identify different audiences who require training Conduct training needs assessment and skill gap analysis Document requirements for the training team –Training development Schedule Prepare managers and supervisors to coach their employees through the change Develop Transition plan Train Organization resources 7. Organizational Change Management: Approach and Resources For best results, the entire project team and all new users of the system should adopt the role of Change Agent for the project. Following are some of the tools identified for Organizational Change Management to be effective in a large and complex implementation project. Review these tools with the project team. Select those that will provide the most benefit to your project and summarize how you intend to use them.

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