Sunday, November 10, 2019
Futile dreams in Of mice and men Essay
How far do you think Steinbeck presents dreams as futile in of mice and men? Steinbeck presents a lot of dreams as futile in his novel of Mice and Men. All the characters dreams are different in their own personal way but all of their dreams come to be in a different place to where they are at now. They all yearn for something better in their lives. The underlying theme of futile dreams in this novel is expressed throughout Steinbeckââ¬â¢s novel throughout many characters. The main dream in the novel of mice and men is that of George and Lennie living of the ââ¬Å"fatta the lan'â⬠getting their own place, being self-sufficient and not have to work on the ranch. The two of them are best friends and how different they may seem in the novel they both share this common goal; ââ¬Å"Some day weââ¬â¢re gonna get the jack together and weââ¬â¢re gonna have a little house and a couple of acres anââ¬â¢ a cow and some pigs andâ⬠¦Ã¢â¬ This shows they have thought about what they want in every little detail and truly believe it will happen. Their ambition, as they put it, is to ââ¬Å"Get the jack together,â⬠purchase a few acres of land and call it their own. They want to be in their own little place where they are not scrutinised by society; to be away for others in the big wide world where it seems Lennie is not supposed to be. George and Lennie are not unique in wanting this dream but unique in the fact that they have each other and can rest on each other through their dream. They want to be in a place with no rules or regulations. This dream is so appealing that Candy and Crooks want to join the dream of owning their own farm. This is because George and Lennie are close to reaching their dream so Candy and Crooks can actually be part of it for once instead of dreaming it; they can create it. This dream of George and Lennie also appeals to them as they can refer to the same things that they want for themselves but have never had the chance to go ahead with or the chance to achieve that goal. However, perhaps this dream only appeals to them because they see it as something that can be reached and will not remain a dream. They want to be able to live out this dream even if it is someone elseââ¬â¢s. In section three, a section of narration shows how much they all want this dream; ââ¬Å"They all sat still, all bemused by the beauty of the thing; each mind was popped into the future when this lovely thing should come about.â⬠This quote shows that they all want this dream so much and really believe it will happen as it is no longer a dream as it says ââ¬Ëwhenââ¬â¢ it will come about and not ââ¬Ëifââ¬â¢. Steinbeck presents this dream of Lennie and George as being futile by speaking through Crooks when he says that heââ¬â¢s; ââ¬Å"seen hundreds of men come by road anââ¬â¢ on the ranches, with bindles on their backs anââ¬â¢ that same damn thing in their heads. Hundreds of them. They come, anââ¬â¢ they quit anââ¬â¢ go on; every damn one of emââ¬â¢s got a little piece of land in his head. Anââ¬â¢ never a god damn one of the get it. Just like Heaven,â⬠by this quote I feel that Crooks has best summed up this dream as futile as he shows he has wised up to the dream and is starting to have second thoughts of joining them in the dream. He is brought back to the present when he figures that Lennie and George are just like the rest of the men that come on the ranch with a ââ¬Ëlittle piece of land in his headââ¬â¢ and that their goal is never achieved. He is treating Lennie and George like their stereotype. Candy and Crooks want to join in this dream for different reasons; Crooks does not want to be an outcast anymore and wants to feel accepted in some way, Candy wants to join to have something to take his mind of his dog (his only companion) being killed. Although these are the main reasons Crooks and Candy want to join in these dreams they both come down to one thing. They donââ¬â¢t want to be alone. Unlike Lennie, Curleyââ¬â¢s wife wants to experience the world for herself and has already had the opportunity of becoming the next up and coming movie star where she ââ¬Ëcoulda been in the pitchersââ¬â¢ snatched away from her; ââ¬Å"He says he was gonna put me in the movies. Says I was a natural. Soonââ¬â¢ he got back to Hollywood he was gonna write to me about it.â⬠Se is a virtual prisoner in her own home with which she has no power to change her fate. Curleyââ¬â¢s wife will never live out this dream as she has dedicated the rest if her life to her husband who is unbeknown to her capabilities. She once had a dream but when she married her entire life changed, and not for the better. Curleyââ¬â¢s wife has resigned herself to an unfulfilling marriage. What makes all of these dreams typically futile is that the dreamers wish for unbreakable happiness, for the freedom to follow their own desires. George and Lennieââ¬â¢s dream of owning a farm, which would enable them to look after themselves, and, most important, offer them protection from an unwelcoming world, represents a prototypically ideal life. Their journey, which shows George the impossibility of the dream, sadly proves that the bitter Crooks was right; such freedom, contentment, and safety are not to be found. By killing Lennie, George gets rid of a huge burden and a threat to his own life. He is forced to shoot both his companion, who made him different from the other lonely workers, as well as his own dream and admit that it has gone hopelessly wrong. He has the new burden of hopelessness and loneliness. Slimââ¬â¢s comfort at the end of the novel; ââ¬Å"You hadda Georgeâ⬠indicates the sad truth that one has to surrender oneââ¬â¢s dreams in order to survive, not the easiest thing to do but something that one has no choice but to do in circumstances. Curleyââ¬â¢s wife has already had her dream of being an actress pass her by and now must live a life of no hope. Crooksââ¬â¢ situation hints at a much deeper one than that of the white person in a place where black people are discriminated. Through Crooks, Steinbeck exposes the bitterness, the anger, and the helplessness of the black man who struggles to be recognized as a human being, let alone have a place of his own. Crooksââ¬â¢ hopelessness underlies that of Georgeââ¬â¢s and Lennieââ¬â¢s and Candyââ¬â¢s and Curleyââ¬â¢s wifeââ¬â¢s. But all share the despair of wanting to change the way they live and attain something better; to have a dream. Even Slim, despite his wisdom and confidence towards this unattainable dream, has nothing to call his own and will remain a migrant worker until his death. Slim differs from the others in the fact that he does not seem to want something outside of what he has, he is not beaten by a dream, and he has not relied on a drea m to fulfill his life and is thankful for what he has. Slim seems to have somehow reached the sad conclusion indicated by the novel that to dream leads to, despair and ineffective, Futile dreams that lead to nothing but disappointment. This book makes you decide, should I be realistic or should I try and make my dreams come true?
Thursday, November 7, 2019
Legal and Ethical Considerations in Testing essays
Legal and Ethical Considerations in Testing essays Several legal and ethical considerations are adhered in testing to allow the validity of any tests provided. From the Code of Ethics relative to testing, it is appropriate that standardized tests or any other tests follow legal contents and ethical procedures such as follows. Tests provided must be appropriate to the educational attainment Communicating the test procedures, how the test will be administered, and interpreting the test instructions if necessary. Ensuring that all test materials are safe before and after test administrations to guarantee the integrity of test results Providing appropriate span of time in test sessions. Selection Techniques in Hiring a Property Manager In hiring a property manager for apartments, there are several selection techniques that can somehow assure a satisfactory and well-performed job. First, an applicant with good communication skills and public relations is essential because managing properties frequently entails dealings with clients. An applicant who can relate properly to others can somehow assure that the properties, apartments in our case, will not be idle and will revolve within the business. This is easily distinguishable through interview sessions with an applicant. Second is the professional image. This is an important characteristic a property manager must have to gain the confidence, trust, and respect of clients. Such also presents an impression that he is serious with his job. Again, this can be seen in an interview session. Finally, it is important that an applicant has knowledge in managing and maintaining properties. Because this is mainly the duty of a property manager for apartments, some background of it can ...
Tuesday, November 5, 2019
The Arachnid Arthropods
The Arachnid Arthropods Arachnids (Arachnida) are a group of arthropods that include spiders, ticks, mites, scorpions and harvestmen. Scientists estimate that there are more than 100,000 species of arachnids alive today. Arachnids have two main body segments (the cephalothorax and the abdomen) and four pairs of jointed legs. By contrast, insects have three main body segments and three pairs of legs- making them easily distinguishable from arachnids. Arachnids also differ from insects in that they lack wings and antennae. It should be noted that in some groups of arachnids such as mites and hooded tickspiders, the larval stages have only three pairs of legs and fourth leg pair appears after they develop into nymphs. Arachnids have an exoskeleton that must be shed periodically for the animal to grow. Arachnids also have an internal structure called an endosternite that is composed of a cartilage-like material and provides a structure for muscle attachment. In addition to their four pairs of legs, arachnids also have two additional pairs of appendages that they use for a variety of purposes such as feeding, defense, locomotion, reproduction or sensory perception. These pairs of appendages include the chelicerae and the pedipalps. Most species of arachnids are terrestrial although some groups (especially ticks and mites) live in aquatic freshwater or marine environments. Arachnids have numerous adaptations for a terrestrial lifestyle. Their respiratory system is advanced although it varies among the different arachnid groups. Generally, it consists of tracheae, book lung and vascular lamellae that enable efficient gas exchange. Arachnids reproduce via internal fertilization (another adaptation to life on land) and have very efficient excretory systems that enable them to conserve water. Arachnids have various types of blood depending on their particular method of respiration. Some arachnids have blood that contains hemocyanin (similar in function to the hemoglobin molecule of vertebrates, but copper-based instead of iron-based). Arachnids have a stomach and numerous diverticula that enable them to absorb nutrients from their food. A nitrogenous waste (called guanine) is excreted from the anus at the back of the abdomen. Most arachnids feed on insects and other small invertebrates. Arachnids kill their prey using their chelicerae and pedipalps (some species of arachnids are venomous as well, and subdue their prey by injecting them with venom). Since arachnids have small mouths, the saturate their prey in digestive enzymes, and when the prey liquifies, the arachnid drinks its prey. Classification: Animals Invertebrates Arthropods Chelicerates Arachnids Arachnids are classified into about a dozen subgroups, some of which are not widely known. Some of the better-known arachnid groups include: True spiders (Araneae): There are about 40,000 species of true spiders alive today, making the Araneae the most species-rich of all arachnid groups. Spiders are known for their ability to produce silk from spinneret glands located at the base of their abdomen.Harvestmen or daddy-long-legs (Opiliones): There are about 6,300 species of harvestmen (also known as daddy-long-legs) alive today. Members of this group have very long legs, and their abdomen and cephalothorax are almost completely fused.Ticks and mitesà (Acarina): There are about 30,000 species of ticks and mites alive today. Most members of this group are very small, although a few species can grow to as much as 20mm in length.Scorpions (Scorpiones): There are about 2000 species of scorpions alive today. Members of this group are easily recognized by their segmented tail that bears a venom-filled telson (sting) at the end.
Sunday, November 3, 2019
System Overview of Banks Global Market Business Term Paper
System Overview of Banks Global Market Business - Term Paper Example This research will begin with the statement that in the present scenario, the banking industry has changed in an immense manner owing to different factors that include technological innovation and international market competitions. Additionally, there are other factors that include increased disintermediation, corporate behavioral changes, and deregulation in relation to financial services. The banking crisis is also accountable for changes in banking operations as well as structures. The changes are adopted by global banks with the intention of ensuring that business operations are conducted in a stabilized manner. Subsequently, global banks are identified to develop alliances with domestic as well as foreign-owned banks in order to minimize risk exposure. Presently, global banks in response to the changing business scenario have adopted different measures which include enhanced quantity along with a quality of capital and risk coverage with the aim of ascertaining that the banking operations are conducted successfully. Moreover, global banks are identified to develop strict regime based on risk management and enhanced regulatory framework in order to manage bossiness operations for better sustainable growth. The global banking sector is developing in a rapid way. The banking sector is also identified to face critical challenges that include customer demand and increased operational costs among others. In this changing competitive business scenario, global banks are required to conduct their operations abiding by adequate financial regulations with the aim of performing business operations systematically. Correspondingly, the global market business of banks comprises different systems which include booking system, valuation system, sub-ledger system and general ledger system.
Friday, November 1, 2019
Taj Mahal Essay Example | Topics and Well Written Essays - 750 words
Taj Mahal - Essay Example Taj Mahal is one of the most visited places of interests in India by all tourists, especially foreigners for whom it is on top of their priority list. When you enter to see its front view - it is so ravishing that you are mesmerized. It seems as if a palace in brilliant architecture made in white marble is standing high in the sky before you. There is a story of true love behind the building of this monument. The fifth Mughal king Shah Jehan made this monument out of love for his beloved second wife, Mumtaz Mahal, to fulfil her wish on deathbed. She wanted the King to build a monument of their love to show it to the whole world. King Shah Jehan fulfiled her wish by building a miracle of white marble in the loving memory of his beloved wife. History says that the monument took 22 years to complete in 1653. That time, it cost 32 Million Rupees. The guide informs that it took twenty thousand workmen and expert craftsmen from countries like Persia, France, Iran, Italy and Turkey to build the Taj Mahal under the supervision of a Persian architect, Ustad Isa. As we are entering the main gateway, the guide informs that the length and width of the Taj Mahal complex measures 590x300m, including the main gateway called Darwaza, the equally proportioned garden measuring 300x300m, the Masjid or mosque, the Naqqar Khanna means rest house and the Rauza or the Taj Mahal mausoleum.
Wednesday, October 30, 2019
Organizational Culture Analysis Research Paper Example | Topics and Well Written Essays - 500 words
Organizational Culture Analysis - Research Paper Example The presence of continues disagreements on the shared values or lack of commitment by the staff members is a sign of weak organizational culture and it is usually not healthy for any given company. Some of the strongest values that the employees of the company that I worked for termed, as being important to them are that of honesty, trust, quality production, and discipline amongst others. Consistency is one of the primary values that the employees viewed as being most important (Baack, 2012). Consistency in the duties that we performed in the company accompanied by a high degree of precision together led to an improvement in the general performance and production of the company. The behavior of each and every employee acting as a role model for the other also acted as a strong culture that helped in the smooth running if the organization. The above culture helped in making the employees be responsible for whatever action they did in the company (Baack, 2012). Being responsible tends to reduce the conflicts between the management and the employees themselves that in turn lead to strong relationships between the parties. The result of this was improved production. Another key culture that existed in the company is that of attention to details that lead to the creation of a very strong production culture with lots of accuracies. In this value, the employees paid full attention in the process of production. The process then ensured that quality was achieved and at the same time, the deadlines for production were met too. The production of high-quality goods was another organizational culture that governed our work in the company (Baack, 2012). Each employee was supposed to work in his or her line of production while ensuring that the full production procedures were followed to ensure the production of high-quality products. The employees were given the opportunity to start or stop the production process if they noticed any fault in the production line
Sunday, October 27, 2019
Forms of Contract for Construction Work
Forms of Contract for Construction Work 1.0 Introduction The Scenario A leading manufacturer of confectionery in the UK suffered a devastating fire at their factory in Sheffield. Their insurers have authorised an immediate commencement of the rebuilding work and have been paying a sum of approximately à £1 5m. per month to the insured company as ââ¬Å"Business Continuityâ⬠insurance to cover both loss of profit and to allow products to be imported from another country for packaging and sale. The factory site has been cleared using an enabling works contract and it has been decided that an experience single contractor, who is capable of undertaking this type of work would be appointed. It is now the responsibility of an experienced project manager to administer the rebuilding of the factory, which currently is thought to be in the region of à £60m worth. The time scale and who the project manager will use to achieve the delivery of the new building and process equipment to enable the manufacture of confectionery to re-start, including any trials, performance tests and commissioning at the earliest possible opportunity is for him/her to decide. On this account, time of completion and quality is the primary concern and cost is secondary, thus, a form of contract with a procurement route or strategy that would facilitate the construction of the rebuilding to start immediately, while all other preparations (e.g Engineering works) towards the building objective are going on, would be the appropriate or desired form of contractâ⬠. Chapter 2 2.0 Forms of contract Standard form of contract for the execution of work and the appointment of consultants are basically used in the construction, Engineering and processing industries. These contracts are prepared by one body in isolation or jointly prepared by bodies representing employers, consultants and contractors. Some of the forms of contracts by these bodies are: Joint contract Tribunal (JCT) forms of contract Engineering Contract (NEC 3) forms of contract Institute of Civil Engineers (ICE) forms of contract Association of Consultant Engineers (ACE) forms of contract Association of Consultant Architects (ACA) forms of contract General Condition/works forms of contact 2.1 Criteria for the Selection of Forms of Contract According to the office of building and development in Australia (1996), there are a variety of forms of contract and procurement route that are available for acquiring a new or rebuilding of building, facilities or infrastructure, which are basically determined by a number of criteria, which are: Type of client Level of involvement required by the client The project size and complexity Speed Time available for construction Risk allocation Approach to the design solution Cost certainty and method of financing the project Specialist input Capacity for variations Ability to change scope of work and Contract Administration Separation of design and management 2.2 Contract Types 2.2.1 Traditional Contract Traditional contracts are the type of contracts that separate the design from the construction stages with consultants leading on design and the contractor responsible for the construction execution. In this type of contracts, a consultant (an architect in most cases) acts on behalf of the client/employer as the contract administrator and most risks are passed to the contractors and sub-contractors. Traditional contracts embraced ââ¬Ësort it out latter mentality, where time, cost and other related problems are left to the end of the project, which often leads to dispute. Overlapping of design and construction stages in the traditional contract is not encouraged and there is wide criticism that traditional contracts polarise the parties resulting in extreme inefficiencies and encouraging dispute. However, it focuses on the clients main requirements of design control, time and cost certainty. Most of the JCT, ICE and General Conditions/work contract forms adopt the traditional contr act. According to Holt (2010), examples of traditional contracts include: JCT Standard Building Contract with Quantities JCT Intermediate contract JCT Minor Works Contract NEC Engineering and Construction Contract (option A and B fixed price) 2.2.2 Design and Build Contracts Design and Build contract is probably the recent form of procurement and it is available from most of the contract producing bodies (Keown 2010). In a design and build contract, the client employed consultant to prepare documents outlining his requirement in a form of a brief initial designed scheme (Employers Requirements). A single contractor is then appointed to deliver the designed scheme as required (contractors proposals) by employing his or her own design team and then carries out the execution of the work using both the employers requirements and the contractors proposals. The contractor could also engage the original consultant to complete the design through a novation agreement and term or use his own design team for the purpose, which would be verified by the clients design team. Under the design and build method, there is no independent contract administration rather the employer uses ââ¬Ëemployers agent to administer the contract. Examples of Design and Build proposed by Holt (2010) are: JCT Design and Build Contract The NEC Engineering and Construction Contract (ECC) -Target cost contract with Activity schedule or Bill of Quantities (Main option C). 2.2.3 Non-Traditional (Management) Contracts Non-traditional contracts such as management contracts are specialist forms of contract, where a specialist e.g management contractor or project manager manages the construction activities on behalf of the client/employer. It is suitable for large, complex and fast-track projects such as high-rise buildings. Management form of contract tends to solve the problems associated with traditional contracts by a means of collaborative working and trying to unite the various project participants in order to avoid polarisation. It claims to remove traditional contract inefficiencies and increase cost and time certainty. Construction procurement by management contract requires great care and high level of sophistication by employer and contractor. According to Keown (2010), advantages of using management contract include: It is a quick method of procuring a competitive tendered. It facilitates a quick start of construction activities on the site. Flexibility design activities can extend into the construction period. It gives the opportunity for changes in the scope of work. It avoids polarisation of parties by collaborative work. It encourages early contractor input on the programme, buildability and content of work contract packages. The employer/client has an opportunity to stop the project before proceeding to construction, for a set fee to the contractor. Examples of Non-traditional (management) contract proposed by Holt (2010) are: JCT Construction Management Appointment JCT Management Building Contract The NEC ECC, Management Contract main option F JCT Construction Excellence (CE) Chapter 3 3.0 Review of Different Forms of Contract The JCT, NEC3, ICE, and ACA forms of contract are intended to be reviewed for the selection of a suitable form of contract for the rebuilding of the confectionery factory. 3.1 Joint Contract Tribunal (JCT) 2005 JCT form of contract, which was formerly known as RIBA contract until 1977 was the first form of building contract agreed between architects and builders established in 1931 (Chappell, et al. 2001). The JCT now comprises professional bodies, which are: Royal Institute of Chartered Surveyors (RICS) Royal Institute of British Architects Scottish Building Contract Committee British Property Federation Construction Federation Local Government Association National Specialist Contractor Council Limited The JCT forms of contract embraced the traditional procurement philosophy and are very popular in the UK. According to the survey carried out in 2004 by Royal Institute of Chartered Surveyors (RICS 2006), which was tagged RICS contracts in Use Survey 2004, approximately 78% of construction contracts were procured using JCT in the UK. As noted previously that most JCT contracts are basically traditional contract, they required well- developed design before the construction works to commence. It is a form of contract that is fairly complicated and is always criticised for polarising construction team and encouraging claims; this must always be borne in mind when considering selecting JCT forms of contract. However, it also offers collaborating working contracts like Construction Excellence (CE) that has not been tested in the market (Keown 2010). The JCT 2005, which is the current and updated form of contract, has varieties of procurement methods for small and large projects that are basically intended for building/construction work, particularly in the private/commercial sector depending on procurement criteria being considered. According to Keown (2010), most JCT forms of contract do not have any express clauses on ground condition, thus, they are often amended and include terms that exclude liability for ground conditions. So, JCT contracts are not suitable for: Rail or road related works; Civil or earthworks; Mechanical or electrical plant/installations works; Landscape or archaeological works; and Ecological or environmental works The JCT 2005 various forms of contract use to suit the ever changing construction industry are: The Minor Works (MW) Building Contract This form of contract is very popular and suitable for small construction works, which are relatively simple in nature. It is lump-sum form of contract that based on drawings and specifications, but not re-measurement contact and requires an independent contract administrator. According to Keown (2010), it is suitable for construction work that worth à £100,000 (2008 prices). The Minor Works with Contractors Design (MWD) Contract In this form of contract, which is a version of Minor works (MW), the contractor provides design, which is limited to discrete parts of the works. However, it should be noted that it is not a design and build contract. Intermediate Building Contract (IC) This form of contract is another popular form of JCT contract suitable for construction works of a simple content without complex building service installations (BrunswickIS 2007). It is a lump-sum contract based on drawing and specifications, ranging from à £100,000 to à £800,000 (2008 rough financial prices) (Keown 2010). It also requires independent contract administrator and a quantity surveyor. Intermediate Building Contract with Contractors Design (ICD) This form of contract is a version of the intermediate building contract, which the contractor can provide design that is limited to discrete part of the works. It should be noted that it is not a design and build contract. Standard Building Contract (SBC) The SBC is a modern and sophisticated construction contract, which is suitable for larger projects that value à £500,000 upwards (2008 prices) given by Keown (2010). The SBC requires considerable experience to operate and understand it effectively and an independent contract administrator and quantity surveyor are needed. It is unsuitable for projects with substantial substructure work, excavation and earthworks. SBC comes in three formats: Standard Building Contract with Quantities (SBC/Q) Standard Building Contract with Approximate Quantities (SBC/AQ) Standard Building Contract without Quantities (SBC/XQ) The SBC/Q and SBCXQ are lump-sum contracts based on drawings and specification, if there is a bill of quantities, then these rates and prices are for valuing variations. While the SBC/AQ is a re-measurement contract. All these forms of SBC made provision for the contractor to provide design known as ââ¬Ëcontractors Design Portion, which is limited to discrete parts of the works such as the piling, mechanical and engineering works. However, it should be noted that it is not a Design and Build Contract. Design and Build Contract (DB) JCT design and build is a sophisticated contract requiring considerable experience to be used effectively. The employer/client provides the initial design that sets out his requirement in the contract document (Employers Requirement) and the contractor completes the design (contractors Proposals) and commences the construction work. It is a lump-sum contract that requires adequate time and great care to draft the employers requirements as it does not encourage change of scope or variation without incurring an additional cost. Design and build contract does not require an independent contract administrator, rather the employer/client uses an ââ¬ËEmployers Agent to administer the contract. Major Project Construction Contract (MP) JCT MP Contract is suitable for large projects, which both the client and contractor are sophisticated and experienced construction parties working on large projects that value around à £10m upward (2008 prices) (Keown 2010). It is similar to Design and Build, where the client provides initial design and the contractor completes the design and commences the execution work. Thus, adequate time and great care are required in drafting the employers requirement as there is little scope for change later.. Prime Cost Building Contract The JCT prime cost building contract is a cost reimbursement form in which the contractor is paid by a fixed fee or a percentage fee in addition to the incurred cost. According to Keown (2010), this form of contract is used where the scope of work could not be defined such as refurbishment work or where the works have to start immediately such as emergency work after fire damaged. In this form of contract, cost of the project cannot be ascertained until the completion, and it could be used alternatively to the NEC 3 ECC Main Options E, which is also a cost reimbursement contract.. JCT Management Contracts (MC) The JCT has two forms of management contracts, which are Construction management form and Management contract form. Both forms require great care and a high level sophistication and experience by the employer and the contractor. They are not popular in the UK but sometimes used on large, complex and fast track projects. Construction Management: In this form, the contractor acts on behalf of the client as only a construction manager to manage the construction work by supervising the trade subcontractors employed by the client. Management Contract: In this form, the main contractor acts as construction manager for the works and employs the subcontractor. The main contractor does not carry out any construction works but manages the work carry out by his subcontractor for a fee plus the prime cost. The JCT Construction Excellence (CE) This form of contract is radically different from all other JCT forms of contract because it is a partnering/collaborative contract newly introduced in 2007 to enter the collaborative contract market that is dominated by the NEC and PPC2000 forms. In JCT CE form, the parties are referred to as ââ¬Ësuppliers and purchasers and it took the form of traditional two party contract used for procurement of construction works and construction services. The contract terms and condition are short and straightforward, and can be priced either by lump sum or by target cost having a guaranteed Maximum cost facility. What is unusual about this form is that the risk associated with the project is identified and then allocated the risks between themselves, particularly respect to time and cost. According to Keown (2010), ââ¬Å"As of 2009, the JCT CE contract appears to be rarely used, thus, it has not been tested in the marketâ⬠. In my opinion, JCT forms of contract are not the best option for the rebuilding of the confectionery factory because: JCT forms of contract are basically intended for building/construction work, thus, will therefore, be inadequate in addressing the engineering aspect of the factory. It required well- developed design before the construction works to commence, thus, unsuitable for work that would commence immediately. It is always criticised for polarising construction team and encouraging claims, thus, may not encourage a good relationships among parties involved, which is required for the success of the project. So, JCT forms of contract will not be considered for the rebuilding of the confectionery factoryâ⬠. 3.2 NEW ENGINEERING CONTRACTS (NEC 3) FORMS OF CONTRACT The New Engineering Contracts (NEC 3) is a family of NEC standard contract launched in 1991 that was revised in 2005 to replace NEC 2 suite that promotes a partnering culture, and has been cited has the preferred form of contract in ââ¬ËConstructing the team, a report by Sir Michael Latham (Knowles 2001). The New Engineering Contract (NEC 3) suite adopts a different approach to the procurement and execution of construction engineering through a proactive means to construction problems as the work progress. It is a Non- traditional form of contract that embraces early collaboration of all parties involved to avoid polarisation that is claimed to be caused by traditional form, and also, intended to create an equitable balance of risk between the parties to the contract. NEC 3 is applicable to a wide variety of major and minor construction works, which include: Building and Civil engineering works; Mechanical and electrical plant/installations works; Process engineering; and Offshore fabrication. Some of the ways by which NEC 3 stage proactive features include: Early collaboration and involvement of all parties, which include the client, project manager, contractor, subcontractor, etc. The contractor proposes how to solve arising problems. It embraces parallel activities between the design and construction activities. It gives no chance for storing up of claims until after the work is accomplished. It is better suited for a project that must be completed quickly, even if that faster completion makes the project more expensive i.e. timely procedure/response and programmes are primary and cost is secondary. The pro-active approach that embraces collaboration of all parties and more man-hours administration is emphasised in the first core clause of the NEC 3, which states that ââ¬ËThe Employer, the contractor, the project manager and the supervisor shall act as stated in this contract in the spirit of mutual trust and co-operation (core clause 10). The NEC 3 forms of contract that are currently in use are: NEC 3 Engineering and Construction Contract (ECC) NEC 3 Engineering and Construction Subcontract (ECS) NEC 3 Engineering and Construction Short Contract (ECSC) NEC 3 Engineering and Construction Short Subcontract (ECSS) NEC 3 Tern Service Contract (TSC) NEC 3 Framework Contract NEC3 Professional Services Contract NEC3 Adjudicators Contract. NEC 3 Engineering and Construction Contract (ECC) NEC 3 ECC is the most widely used NEC 3 contract for appointing the main contractor for building, civil and all other engineering works including any level of design responsibilities i.e. it allows the contractor to provide design (Clause 21). However, it should be noted that NEC 3 has no specific design and build contract. The ECC has six (6) main options and twenty-two (22) secondary options to choose from. The main options are: Main Option A: Contract type priced contract with Activity schedule. Pricing Mechanism Lump sum Risk Allocation Contractor Suitability suitable for contract that the client wants maximum cost certainty but the need for a complete design is important. Main Option B: Contract type Priced contract with BoQ Pricing Mechanism Re-measurement Risk Allocation Contractor Suitability suitable for contract where there are grounds works and there is uncertainty on the final quantities of the work. Main Option C: Contract type Target contract with Activity Schedule Pricing Mechanism Cost re-imbursement with pain-gain mechanism Risk Allocation Shared between the client and the contractor Suitability suitable for contract where there is a need for an early start on site or the design is incomplete or inadequate. Main Option D: Contract type Target contract with BoQ Pricing Mechanism Cost re-imbursement with pain-gain mechanism Risk Allocation Shared between the client and the contractor Suitability suitable for contract where there is a need for an early start on site or the design is incomplete or inadequate. Main Option E: Contract type Cost Re-imbursement Contract Pricing Mechanism Cost re-imbursement Risk Allocation Client Suitability suitable for contract where it is difficult or impossible to define the scope of work (e.g. refurbishment work) or where the construction works have to start immediately (e.g. emergency work after fire damaged). Main Option F: Contract type Management Contract Pricing Mechanism Cost re-imbursement Risk Allocation Client Suitability suitable for contract where both the client and contractor have experience in construction work that has to start immediately. ÃË NEC 3 Engineering and Construction Subcontract (ECS) The NEC 3 ECS contract is similar to ECC but used to appoint a subcontractor after the main contractor has been appointed through the ECC. ÃË NEC 3 Engineering and Construction Short Contract (ECSC) The NEC 3 ECSC contract is used for small and medium sized simple and well-defined projects that worth up to à £500,000 (2008 price), where the sophisticated systems of the ECC are nor appropriate. It does not have main options, but can be a lump sum or re-measurement contract. ÃË NEC 3 Engineering and Construction Short Subcontract (ECSS) The NEC 3 ECSS contract is similar to the NEC 3 ECSC contract, but used to appoint subcontractors after the main contractor has been appointed under NEC 3 ECSC. ÃË NEC 3 Tern Service Contract (TSC) The NEC 3 TSC is similar to the ECC and is used for projects where regular work is required from a contractor over a period of time such as the appointment of suppliers to manage and provide a service. A plan or scheduled of work to be carried out is agreed upon by the client and contractor, and then payment is made using any of the options A, C or E. ÃË NEC 3 Framework Contract (FC) The NEC 3 FC is a simple contract which is meant to be used in conjunction with other NEC 3 forms that will provide the contracts for call off contracts. It is used to appoint suppliers to carry out construction work or to provide design or advisory services on an ââ¬Ëas-instructed basis. According to Keown (2010), the JCT framework contract is probably a better choice now. In my opinion, NEC 3 ECC with option E form of Contract is the best for the rebuilding of the confectionery factory base on the reasons given in the concluding partâ⬠. 3.3 Institute of Civil Engineers (ICE) Forms of Contract The ICE standard form of contract first edition was established in 1945 for mainly civil engineering and sometimes on building work that involved a large amount of earthwork. It is considered to be a traditional contract that requires a well-developed designed before the construction work can commence and contract administration under this form of contract is similar to that of the JCT. Experienced practitioners sometimes claimed that the ICE form of contract is complicated and not easy to understand, and are also frequently criticised for polarising construction team and encouraging claim just like the JCT form. According to Keown (2010), ICE contracts have different version, which include: Measurement Version Contract: it could be re-measurement or lump sum contract suitable for large civil engineering work that worth à £300,000 (2008 rough prices). Minor Work Contract: it is a shortened form of the measured version suitable for simple works with 6 months duration and up to à £300,000 worth (2008 rough prices). Design and Construct Contract: it is similar to the measurement version, but the employer provides the initial design (Employers Requirement), which would be completed by the contractor (Contractors Submission) and then carries out the construction work. Term Version Contract: it is used where there is variety of construction works or works at different locations to be executed over a period of time. It also accommodates emergency call out type work. Archaeological Investigation Contract: it is a simple contract for archaeological investigation. Ground Investigation Contract: it is similar to measured version and suitable where the employer intends to develop a site and required specialist contractor to perform substantial on-site investigation. Target Cost Contract: it is essential for a cost re-imbursement contract. However, a target cost mechanism option is provided to give the contractor incentives to control cost. In my opinion, the ICE form of contract is not the best option for the confectionery factory becauseâ⬠: It is mainly suitable for civil engineering works and building work that involves substantial earthwork, thus, may not be adequate for other engineering works like plant installation that is required. It requires a well-developed design before construction work could start, thus, unsuitable for this confectionery factory rebuilding situation which the work has to start immediately. It tends to polarise the construction team and encourages claim, which may be a threat to the progress of the work. 3.4 Association of Consultant Architects (ACA) Forms of Contract The ACA forms of contract is a non traditional collaborative contracts introduced in 1982. It is the only multi party standard form construction contract in the UK, where parties including the client, key consultants, main contractor and specialist subcontractors sign up the same contract i.e. all the parties are in a contract with each other, owe each other a duty of care and can sue each other for breach of contract and duty of care (Keown 2010). There is no suggested limit on cost or type of contract which this form is best suitable for because of its flexible accommodation of alternative clauses (Clamp, Cox and Lupton 2007). The ACA has different forms, which are: Project Partnering Contract (PPC 2000): it is a sophisticated and complicated partnering contract, which requires great care in setting up and running, particularly when preparing the project partnering Agreement. Specialist Partner Contract (SPC 2000): it embraces the PPC 2000 procedures and philosophy, but focuses on sub-contracting and relationship between main contractor, main sub-contractors and specialist. Term Partnering Contract (TPC 2005): it is suitable for works and services that extend over a period of time or where there is periodic/planned maintenance and can also accommodate to call out work. Extend the multi-party contract philosophy to Project Partnering Contract (PPC). In my opinion, the ACA forms of contract are unsuitable for the rebuilding of the confectionery factory because it does not give options for which someone can choose fromâ⬠. Conclusion In my opinion, NEC 3 ECC form of contract with Main Option E and probably Secondary Options 5, 6, 7, 12 and 14 would be the best form of the contract options for the rebuilding of the confectionery factory because: It is suitable for engineering and/or construction work, which includes civil engineering, building, mechanical and electrical plant/installations work, process engineering and all allied industries that are adequate for the rebuilding of confectionery factory. It does not require well- developed design before the construction works to commence i.e. it encourages a parallel operation between the design and construction activities, thus, suitable for work that would commence immediately as applied to the confectionery factory. It embodies an efficient management process and stimulates good management of the relationship among all the parties involved, thus, avoid polarisation of parties involved. Its collaborative working across the entire chain optimises the project success. It uses clear and simple language, which is straightforward and easily understood. The NEC 3 ECC forms of contract with option E: cost reimbursement contract among other options of NEC 3 ECC would be considered for the rebuilding of the confectionery factory pursuant to the information given from the project proposal that it has been agreed that a single contractor would be employed to carry out the construction work and time cannot be spared for a well-developed design, since the construction work has to start immediately. 4.1 Confectionery Factory Rebuilding Project Parties and Organogram For the rebuilding of the confectionery factory, the identified parties that are likely to be involved in this project are: Client/Employer Project Manger Architect Structural Engineer Civil Engineer Mechanical Engineer Electrical Engineer Technology Specialist Quantity Surveyor Quality Assurance Officer Cost Manager CDM Regulator Facilities Manager Planning supervisors Lawyer Main Contractor Building works Subcontractor Mechanical Electrical Services Subcontractor Plant Installation Specialist Subcontractor Suppliers A detail organogram that shows these parties and their contractual relationship is attached below. 4.2 Contractual Relationships and Agreement For the NEC 3 ECC, option E: cost reimbursement contract chosen for this project, with a project manager leading and plan for a single contractor to execute the project, the contractual relationship will exist between: Client/Employer and Project Manager
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