The Bespoke Conditions Of Contracts Construction Essay

The Bespoke Conditions Of Contracts Construction Essay This chapter focused on areas of Conditions of Contracts of bespoke Forms of Contract in the Dubai Construction Industry. The bespoke Conditions of Contracts prevalent were modified version of the Red Book. As a Dubai construction industry professional the idea was to investigate in depth of the bespoke Conditions of Contracts were vital and useful to the industry and in particular to the professionals in the industry. It was not anticipated that the current practice to be revised by this research. The real understanding of the issues was to investigate and analysis of the result that enable for a healthy awareness to the construction industry in Dubai. Study Background The construction industry has characteristics that separately are shared by other industries but in combination appear in construction alone (Hillebrandt, 1984: pg1). The UAE is one of the largest and fastest growing economies in the Middle East. The country has witnessed massive investment in the construction industry from both public and private enterprises in recent years. It outpaced Saudi Arabia and became the largest construction market in the GCC region in 2008. Followed by Saudi Arabia, Algeria and Egypt the UAE accounted for nearly 20.3% of total construction industry in the region. Despite the sluggish growth in 2009 amidst the global financial distress, the construction industry managed to record strong growth during 2007-2009 and contributed approx. 8% to the countrys GDP in 2009 (uae_construction_industry_outlook_2012.html). According to the new research report UAE Construction Industry Outlook to 2012, the UAE construction industry is anticipated to grow at a CAGR of around 20% during 2010-2013. Rapid economic development is the main factor driving construction activities and infrastructure development in the UAE. The UAE has drawn investments from all around the world. Most of the investments were generally focused on the development of infrastructure for tourism, hospitality, retail and healthcare industry. In addition, the efforts of the government to diversify its economy to free from oil-based enabled to boost other industries with adequate infrastructure that will enable investments in future (uae_construction_industry_outlook_2012.html). The UAE will continue to develop despite the global economic slowdown, several projects in tourism, housing, industrial and commercial facilities, education and healthcare amenities, transportation, communications, utilities, ports and airports (uae_construction_industry_outlook_2012.html). As per the study conducted by Dubai Chamber of Commerce and Industry it was revealed that UAE was currently leading the current Gulf infrastructure and construction projects. The details appended below in table form as well as graphical presentations. The figures as per the study shows the UAE infrastructure, real estate and construction has vast opportunities for the construction industry professionals (Gulf News Sunday, August 1, 2010) Figure 1.1 Source: Dubai Chamber based on data from various government agencies (Gulf News Sunday, August 1, 2010) Figure 1.2 Source: Dubai Chamber based on data from various government agencies (Gulf News Sunday, August 1, 2010) Table 1.1 Aims and Objectives for the Research Aims To study the bespoke Form of Contracts prevalent in Dubai to enable and test the selected hypothesis Employers in Dubai preferred FIDIC 1987 fourth edition (Red Book) than FIDIC 1999 first edition (New Red Book). Objectives To compare and contrast all relevant Clauses of both Forms To research and weigh the pro and cons of clauses in both Forms To research the existing weakness and show how clauses are amended by various employers in the Conditions of Contract. To research the terms in the Form of Contracts and how it affects the Parties involved. To research how the RB is used in Lump Sum contracts. To test the hypothesis Employers in Dubai preferred FIDIC 1987 Fourth edition than FIDIC 1999 First edition Construction law and the legal system The term construction law is now understood universally to cover the whole field of law which directly affects the construction industry and the legal instruments through which it operates. Efficient and workable construction contracts requires that the needs of the construction process and should be taken into account by applying the principles of management. Construction law is, thus, an inter-active subject in which both lawyers and construction professionals, including managers, have an essential part to play (Construction Law by John Uff, Ninth edition 2005). Construction law and construction contracts The term construction contracts has a statutory definitions covering most but not all types of construction work, and including both building and engineering work (Construction Law by John Uff, Ninth edition 2005). A contract is a binding agreement between two or more persons (such as individuals, businesses, organizations or government agencies) to do, or to refrain from doing, a particular thing in exchange for something of value. The Contracts generally can be written, using formal or informal terms, or entirely verbal. If one party fails to live up to its part of the bargain, theres a breach and certain remedies for solving the differences are available. The terms of the contract (such as who, what, where, when, and how of the agreement) define the binding promises of each party to the contract (http://law.freeadvice.com/general_practice/contract_law/contract_agreement.htm [Accessed on 07 August 2010]). Hypothesis The hypothesis of the dissertation is Employers in Dubai preferred FIDIC 1987 fourth edition (Red Book) than FIDIC 1999 first edition (New Red Book). In UAE most of the bespoke Conditions of Contract are modified based on FIDIC that could arrive based on the environment and nature of the Employer. The Engineering News Record publication states that 55% of the worlds major construction project (Blick J, 1999) is dealing with the Red Book. It is considered that the Red Book is commonly used as the base to create bespoke Conditions of Contract by the Employers. Outline Methodology Fourteen major bespoke Conditions of Contract prevalent in Dubai has been selected for analysis in detail. Further six numbers of bespoke Conditions of Contract has been selected including Abu Dhabi Employers bespoke Conditions of Contract. The Dubai Employers Conditions of Contract are based on RB and the Abu Dhabi Employers bespoke Conditions of Contract are based on NRB. The analysis will be focused on detailed study of the bespoke Conditions of Contracts and the result shall be discussed in brief at Chapter 5 Analysis and presentation of evidence and a detailed result shall be annexed in the Appendix to enable the reader to aware of the amendments and additional provisions in the bespoke Conditions of Contracts prevalent in Dubai. The appendices shall be helpful for the reader in case the reader is dealing with any professional involvement in the construction industry of Dubai. The survey questionnaires have been forwarded to forty eight selected construction industry professionals in Dubai. The respondents are selected such as RICS qualified Chartered Quantity Surveyors, Resident Engineers, Project Managers etc. to get the analysis of the responses questionnaires from senior level professionals in the Dubai construction industry. The United Arab Emirates United Arab Emirates comprise Abu Dhabi, Ajman, Al Fujeirah, Al Sharjah, Dubai, Um Al Quwain and Ras Al Khaima. (http://www.worldatlas.com/webimage/countrys/asia/ae.htm [Accessed 09 August 2010]) Population 2,563,200 Capital City Abu Dhabi Currency Emirati Dirham (AED) Languages Arabic (official), English, others National Day December 2 Religions Muslim (96%), others Geographic Coordinates Latitude/Longitude (Capital City) 24Â ° 27 N, 54Â ° 23 E the statics is as follows :Coastline is 1,318 km ; 82,880 sq. km of land ; Highest Point Jabal Yibir 1,727 m; Lowest Point Persian Gulf 0 m. (http://www.worldatlas.com/webimage/countrys/asia/ae.htm [Accessed 09 August 2010]) Figure 1.3 Map of Dubai Figure 1.4 Map of the United Arab Emirates Source: http://www.worldatlas.com/webimage/countrys/asia/lgcolor/aecolor.htm [Accessed 09 August 2010] The Structure The structure of the dissertation comprises the following: The abstract Table of content Acknowledgment Chapter 1 Introduction Chapter 2 Literature review Chapter 3 Methodology Chapter 4 Data collection Chapter 5 Analysis and presentation of evidence Chapter 6 Conclusions Chapter 7 Recommendations

Me as a Writer

In the essays â€Å"How Computers Change the Way We Think† and â€Å"Is Google Making Us Stupid† both authors address the issue that throughout the years technology has changed the way we think and process information. In Nicholas Carr's â€Å"Is Google Making Us Stupid† he describes how the internet shapes the way we process material when reading.Before people use to take their time and read and analyze text, but now we skim through it. While reading, people most of the time rush through it to get the gist of it. I occasionally find myself running through pages of a psychology book to get the answer to a question as fast as possible. In Sherry Turkle's â€Å"How Computers Change the Way We Think† she lists different topics and how the computer effects each of them. For example, privacy was sheltered in the past where now it has become open. We now have twitter and facebook for the whole world to see.Sherry Turkle writes about her experience at an institut e of technology where a professor spoke about how calculators are make a negative impact on students. Students are using calculators and relying on a piece of technology to punch in numbers and calculate the equation for us without us even having to think about the problem. Instead of using a pen and paper and step by step problem solving in our heads and making our brains work we rely on technology to do the work for us. Aside from relying on calculators the main source that people rely most on is computers.Computers have changed people in many different ways. For example a research paper. Books were the main source for gathering information to write a research paper, but now people just use computers are click on link after link to find all the information they need. This affects how people process information because instead of reading deep into the book and understanding the information, they briefly skim through the internet and find the information they need.From reading both pieces, I can understand each of the points that were brought up. I feel that in today's world computers and digital technology are a main source of connection, productivity and distraction. Due to this and to a constant exposure to the basic functions of a computer, digital technology such as video games, for example ipads, and the internet itself, we are being influenced what we do and accomplish online.This is affecting the way people act and interact with others socially. Being behind a computer changes the way you think. It is easy to respond to others due to the fact that you have time to think about what you want to say and how you are going to say it. People just type away and when done they have the ability to fix what they are about to say. It changes how they act with people face to face because they don’t know what to say and don’t have time to think about it.Sherry Turkle also talks about privacy and how in the past our privacy was sheltered and now has no meaning because people are unaware that privacy is a right not a privilege. Students ‘blog’ and ‘tweet’ about personal information that on some social networks is available for the entire world to see within minutes of posting.Both Carr and Turkle relate to one another in the sense that they agree that computers are influencing the way we understand and process information. They both say that we can take on the qualities of a computer and can influence the way we speak and write.

Australian Tourism - 941 Words

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Social Work Disability Free Essay Example, 1500 words

Results Mr. Shanono’s mild learning disability and personality disorder not only endangers his life but also the lives of those around him. He was once detained under section (2) of the Mental Health Act due to his violent and threatening behaviour. Financial strain is one of the major challenges which families and carers of the disabled cite. Disability places extra financial demands on the family and carers as families end up spending twice or even more than what they have been spending (Lardner, 2006). This money is required to take care of their illnesses whether mental or physical, their special education, as well as the damages caused by them. Also, since most of the disabled person demand for maximum attention, a family member or carer has to be present at all times to attend to them. This means that they are limited in their income generation capabilities (Lardner, 2006). Analyses by Lovallo (2005) indicate stress and depression as among the challenges carers undergo when taking care of persons with disability. Violence and other life threatening behaviours demand that a carer must always be on the lookout. We will write a custom essay sample on Social Work & Disability or any topic specifically for you Only $17.96 $11.86/pageorder now Statics of primary research quoted by Lovallo suggest that 80% of parents and carers complain of burnout while take care of a person with disability. A third impact of disability to carers and families is possible resentment or seclusion from the community due to negative attitude. Persons with disability and their caregivers withdraw from the rest of the community (HUBERT, 2000). This mostly happens when neighbours and people in the community react inhumanly against the challenged persons (Yuker, 1988). Discussion The case of Mr. Shanono serves as evidence to the financial strains which a families dealing with cases of disability face. Every time Shanono’s condition worsened there had to be an assessment done and prescription given as a solution to the problem. Other overhead costs emanate from the demand of specialized education, health care, and other social services. It is also worth noting that mental disability can cause the family to deal with costs of damages. For instance, Mr. Shanono threatened to burn their house. If enough caution had not been taken into account, the family will have to rebuild their house from scratch. All these are very costly and result to unimaginable financial strain to the family. Secondly, the family of Mr. Shanono had to be always on the lookout in case he reveals the life-threatening behaviours. This results to burnouts which eventually translate to stress and depression to those involved.