Saturday, August 10, 2019
NUMBERS DROP FOR MARRIED WITH CHILDREN Essay Example | Topics and Well Written Essays - 750 words
NUMBERS DROP FOR MARRIED WITH CHILDREN - Essay Example To be more precise and clear, a few statistical data can be taken into consideration. Over the last five decades, cohabiting couples in the United States have increased tenfold from 0.44 million to 4.2 million. Divorce rates have increased from 9 to 20 per 1000 married couples for the same period. Births to unmarried women have increased from 11% to 38% from 1970 to 2006. Nationally, more than 1.3 million children are born out of wedlock each year. While cohabitation, divorce and unmarried childbearing have increased, marriage in America has alarmingly declined over the last few decades. Married couples with children are one quarters of the total number of households and half of what was in 1960. Some are of the opinion that only the well educated and the well paid are interested in the institution of marriage. It has been observed that marriage not only declined less among the well educated and well paid, but also that they are less likely to divorce. Though college educated women i nitially prefer to live with a partner, they eventually do get married. However, it is worth noting that the constant increase in the number of people attaining college degree from 16.60 million to 88.75 million from 1950s to 1990s has not helped much in improving the statistics related to marriage. So, education is not the sole reason for the changes that are taking place. The increase in the well educated may not have made a direct impact, but indirectly, it has changed various other aspects of life. It has caused a gradual shift in people's priority from religion to science and technology. In the 1950s and 60s, religion played a vital role in keeping the count of cohabitation and unmarried childbearing low. But with the priority shifting, the emphasis is more on career and wealth maximization. Well educated men and women are less likely to marry those who are less educated. This has largely resulted in growth of income inequality. Before 1970, there was a broad based economic pro sperity which has gradually vanished. (http://www.chicagolandmarriage.org/marriage_statistics.htm) Apart from the economic dimension, some look at the same issue with the racial dimension in mind. Childbearing out of wedlock seemed to be more among the black people than the white. However, statistics in the recent past have shown that there has been a drastic decline in such births among the black teenagers (86% to 35% per 1000) as compared to the whites (24% to 12% per 1000). Hence, class based analysis seems to be a better tool. (http://www.census.gov/population/www/socdemo/educ-attn.html) The question still lingers around as to what made the biggest impact, what is the reason for the way things are today. It is a well accepted fact that the present day situation is nothing but an outcome of the past. The number of marriages in the past may have been on the higher side, but there is no reliable statistical information on how many marriages out of those were actually doing well. People, who have spent their childhood in the shadow of a troubled marriage, most of the times, develop a fear towards getting into a serious relationship. Young people who have lived most of their lives in poverty would be of the opinion that marriage is not a commodity they can afford. Therefore, negative aspects in the past have made a negative impact now in
Friday, August 9, 2019
Intrinsic vs. Extrinsic Motivation Research Paper
Intrinsic vs. Extrinsic Motivation - Research Paper Example perform at the best possible level. This motivation could be innate or derived from external forces/functions, referred to as intrinsic motivation and extrinsic motivation, respectively. Level and/or intensity of these two types of motivation have an impact on individualââ¬â¢s commitment, interest, and ability to perform, learn and progress in all aspects of life, be it learning, working, or performing any other activity. Moreover, individuals are variably inclined towards extrinsic and intrinsic rewards. Extensive theorizing and research have pointed out that both these motivations are impacted by each other and that they either enhance or undermine impact of the other. This study explores this aspect of motivation while comparing and contrasting both types, with support derived from theories, researches and practical applications. Getting inspired by engaging in activities that produce excitement and challenge is a basic human nature and is one of the core routes towards human development (Sansone & Harackiewicz, 2000). The Cognitive Evaluation Theory explains intrinsic motivation as individualââ¬â¢s opinion or feeling and competence rather than an inner urge itself. Here the control and learning aspects emerge when rewards are attached to task accomplishment. The CET proposes that an individualââ¬â¢s intrinsic motivation is based on control and information. It proposes that if the individualââ¬â¢s locus of control lies outside, then intrinsic motivation is low and if it lies inside, then intrinsic motivation is high; secondly, if the individual has positive information of competence, knowledge, and/or stimulation, then intrinsic motivation is higher and vice versa (Weinberg, 2009). Traditionally, extrinsic rewards were considered as harmful because extrinsic motivation was compared with extrinsic pu nishment (Cameron & Pierce, 4). The CET theory forms the base for understanding intrinsic and extrinsic motivation as well as many arguments with respect to
Thursday, August 8, 2019
The types and impact of white collar crimes Term Paper
The types and impact of white collar crimes - Term Paper Example A far neglected area of crime, is this negligence owing to the fact that attention has been brought to it only recently, or is it more so because the ââ¬Ëcriminalsââ¬â¢ who commit these crimes are generally affluent and in a position of high social impact, thereby making them different from the stereotypical poor man turning to crime? But why is that white collar crime generally goes by unnoticed and white collar criminals go by unpunished? Is it the nature of the crime, or the nature of the offender? What constitutes these crimes and what are their effects? Along with a brief history and explanation of white crime these will be the questions the essay will be aiming to answer. Background What is white crime? White crime or white collar crime is a considerably different form of crime than the stereotypical image of street crime that the word ââ¬Ëcrimeââ¬â¢ instantly conjures up in our mind. It is a more subtle, under-the-table form of crime, where rather than harm others, the main impact is to benefit oneââ¬â¢s self (Shover, 2006). ... but the term ââ¬ËWhite Collar crimeââ¬â¢ was first used by an American sociologist, Professor Edwin Hardin Sutherland, in an address to the American Sociological Society in 1939. After the World War II, in the era of the Great Depression, money was so scarce and the situation so desperate that people wanted to seek benefit in any way that they could. Considering themselves overworked and underpaid, they began to exploit their positions to their own personal advantage (Strader 2002). Sutherland defines the term ââ¬Ëwhite collar crimeââ¬â¢ as ââ¬Ëoffense committed by an individual or group of individuals who belong to respected and high social class in the course of his occupationââ¬â¢, Sutherland (1949) which basically meant individuals or corporations performing illegal activities which benefited their business in a certain way. Sutherland wished to draw notice to this far neglected area of crime, neglected mainly due to the fact that the ââ¬Ëcriminalsââ¬â¢ gu ilty of these crimes were generally of a higher social status and position, taking them out of the stereotypical definition of a criminal, making them easier to overlook. They were workers who had earned their working positions legally through a certain amount of influence or education, therefore making them appear to be responsible, hard-working citizens of society (Gerhard, 2006). Interpretation of the exact nature of these crimes greatly varies and is not always exactly clear. For example, embezzlement and fraud is quietly obviously a crime, but is false, misleading advertisement a form of white crime or is it simply a business strategy? Is the dumping of toxic waste considered a white crime or is it simply negligence? There are wide varying definitions of what white crime actually constitutes, but they are classified by
Wednesday, August 7, 2019
Reflection Paper on The Spirit Catches You and You Fall Down Essay
Reflection Paper on The Spirit Catches You and You Fall Down - Essay Example In this portion of writing, the issues regarding healthcare and religious belief, practices and their challenges to healthcare professionals in The Spirit Catches You and You Fall Down by Friedman are critically explained. Anne Fediman evidently conveys the two cultural differences between the Hmong customs and the contemporary society in America that includes the professional doctors. The Hmongââ¬â¢s beliefs were merely objectionable especially when it comes to healthcare matters. For instance, during birth, a pregnant woman would be expected to squat on the ground regardless of the untidiness of the floor then pull the child out of her womb. The mother was to ensure that the baby does not touch the dust and that the umbilical cord was to be cut by the father. In case of any problem during childbirth, Liaââ¬â¢s mother, Foua Yang could resort to numerous remedies regularly used by the Hmong such as shaman who was believed to have natural powers to negotiate for his patientâ⬠â¢s health with the spirits that lived in the dominion that was invisible (Fediman 1997). In addition, a woman would take a number of precautions to avoid childbirth predicaments such as a woman could ensure her childââ¬â¢s health by concentrating on her food cravings. The childââ¬â¢s placenta would be buried in different places of the house depending on the childââ¬â¢s sex. However, currently childbirth is treated with lots of precautions with the use of modern techniques as seen in the Fouaââ¬â¢s case while giving birth to Lia in Merced Community Medical Centre where the writer describes her birth as like any American woman. She greatly doubted the American medicine in general and how they handled the childbirth differently from what she expected such as offering ice water to stop blood from flowing freely instead of warm water to facilitate blood flow from the womb and the nature of food she was given which she refused to eat. Furthermore, the Hmong believed that los s soul was one major cause of sickness and diseases to the child hence the community was to carry out several rituals to please the soul providers (Fediman 1997). Despite Liaââ¬â¢s cautious fixing of her soul, she was attacked by epilepsy when she was about three months old. There was a mixture of reactions due to the epilepsy since some people considered it as a great deal of social status in their community since a healing spirit would not choose somebody of no account. Nevertheless, the doctors regarded this belief as vague. The diagnosis for the epilepsy failed as Foua and Kao were strongly convinced that the issue was not an illness but an issue of spirit catches you and you fall down as they described it. Moreover, both parents and Dr Murphy believed that constant seizures increased the dangers of the epilepsy. Interestingly, the doctor after several tests could find the cause of the disease after admitting Lia in ward for some time thus recommending her discharge after pre scribing Ampicilin for pneumonia and Dilantin for the seizures (Fediman 1997). Additionally, the Hmongââ¬â¢s had dreadfully horrific beliefs in American doctors and their confidence towards them was low. They were convinced that the
Tuesday, August 6, 2019
Ethics on Surrogate Mothers Essay Example for Free
Ethics on Surrogate Mothers Essay Sometimes couples who cannot conceive a baby by themselves choose to use a surrogate mother, where another woman carries their child. One way of surrogacy is when a woman whos unable to carry a baby to term, but is otherwise fertile, has her embryos transplanted to the surrogate mother. The eggs might be fertilized by the biological father or by artificial insemination if the male has fertility issues. In other cases, a surrogate mother is in fact the biological mother of the child as her very own eggs are used to create the embryo. In certain states, such as Arkansas and Delaware, surrogacy is illegal. Even in states where surrogacy is allowed, it can be quite a complicated process for the non-biological mother to be named as the parent, particularly in cases when the surrogate is the biological mother. The surrogate must sign away her maternal rights so the intended mother can adopt the child. If the sperm of the adoptive mothers husband was used to fertilize the egg, the biological father is named on the childs birth certificate. Many states require a legal contract be drafted between the couple and the surrogate and her spouse or partner detailing all arrangements concerning the pregnancy and birth. The parties involved with a surrogacy contract should seek the advice of legal counsel to be sure that pertinent issues are addressed and that the contract is in compliance with state and local laws involving surrogacy and adoption. Sometimes a surrogate mother changes her mind and refuses to give up her child. However, in states where surrogacy is allowed, the biological mother usually doesnt win custody or visitation rights. Typically, the surrogate and the parents sign an agreement to avoid this from happening. Nonetheless, thereââ¬â¢s always the possibility that the surrogate mother might win her case. Many surrogacy agreements state what the surrogate can and cannot do while pregnant. But ultimately, the parents should trust the surrogate mom to do whats in the best interests of the baby. Issues may develop whenever a surrogate breaches the agreement by smoking, abusing drugs or consuming} alcohol while pregnant. As with any pregnancy theres always the possibility for medical or obstetrical troubles, which may hurt the baby or the surrogate mother. For starters, theres the chance of transmission of contagious disease to the surrogate when another womans eggs are transplanted into the surrogate. Because of this, both biological parents should be prescreened. In case a surrogate develops problems in the beginning that put her life at an increased risk, she may want to end the pregnancy. Another issue that may arise is if health practitioners discover learn that the fetus has possible birth defects and other health concerns. In that situation, the parents may choose they cannot continue with the surrogacy. This generates all sorts of legal issues, especially when the sperm is from a donor or eggs other than the surrogates were used for pregnancy. The problem then becomes who gets to determine whether to proceed with the pregnancy. Even though some people see surrogacy as baby-selling and look down on a female who is a surrogate, in recent years surrogacy has become more of a recognized practice. However the ethical issue remains concerning whether a female whos being paid for her surrogacy is exploiting infertile couples and entering the agreement for money. Others begin to see the infertile couple as exploiting the surrogates body and taking advantage of a female who needs money. Another issue, a couple that would adopt a child would be rigorously screened and be assessed to their suitability. This would not be the case with surrogacy. Some people who would be restricted from adopting could avoid this process by using a surrogate. One of the key issues is with regards to surrogacy is it is impossible to determine the risks involved in the surrogacy process. A surrogate needs to be informed of the potential risks to her health and the possible psychological trauma she can suffer. There should a moral requirement for all parties involved to consider the welfare of the child born into any agreement. However, surrogacy raises the debate of peopleââ¬â¢s ââ¬Å"rightâ⬠to have children. If we refuse the option of surrogacy, are we discriminating against the infertile? The first recorded case of surrogacy in the United States was in 1976. Noel Keane, a lawyer, arranged the first surrogacy agreement between a surrogate mother and the intended parents. This mother was not compensated financially. Afterwards, Keane went on to create the Infertility Center, which arranged hundreds of surrogacy agreements every year . However despite the numerous ethical issues at stake, statistics show that there has been an increase in the numbers of women who become surrogates. From 2004-2008 the number of infants born to gestational surrogates had doubled. The Society for Assisted Reproductive Technology reported from 738 infants born to over 1,400 from surrogate births. However, the amount of surrogacies annually is likely to be more, as many fertility centers dont report to SART. Additionally, there are couples who enter private agreements with a surrogate where agencies arent involved. References Pacific Connection Fertility Services: Surrogacy Yale New Haven Teachers Institute: Ethical Problems Surrounding Surrogate Motherhood Dr Rebecca Gibbs, North East Essex PCT, Surrogacy, January 2008. http://www.northeastessexpct.nhs.uk/public_29_01_2008/surrogacy-policy.pdf
Monday, August 5, 2019
Happiness Is Being Content Philosophy Essay
Happiness Is Being Content Philosophy Essay Happiness is being content with what you have in your life. It comes down to two different types of contentment. The first type is a material happiness that comes from material things including food, shelter, clothing, cars, technological devices and anything else that that physically exists and is an object of desire. The second type of happiness is much more abstract; it is a kind of spiritual or natural happiness. It comes from being at peace or from achieving a state of inner contentment. As the saying goes, the truth lies somewhere in the middle and it is my belief that only through a perfect balance of these two sources of happiness can one be truly happy, which is, in a way, to be content. The fourteenth Dalai Lama Tenzin Gyatso speaks of happiness in much the same way. When asked by Howard Cutler to speak about desire, the Dalai Lama replies, I think there are two kinds of desire (Cutler 1000). The Dalai Lama says of the material desire I previously identified: à ¢Ã¢â ¬Ã ¦I think that this kind of excessive desire leads to greed-an exaggerated form of desire, based on over expectation. He goes on to say, When it comes to dealing with greed, one thing that is quite characteristic is that although it arrives by the desire to obtain something, it is not satisfied by obtaining (Cutler 1001). I completely agree with him on this point, that material desire can become excessive and lead to insatiable greed. However, it is my belief that happiness comes from fulfilling desire, which is, in part, fulfilling superficial material desire. But that is not all that constitutes happiness. As the Dalai Lama says, The true antidote of greed is contentment. If you have a strong sen se of contentment, it doesnt matter whether you obtain the object or not; either way, you are still content (Cutler 1002). This kind of inner contentment comes about through the second type of happiness I spoke of, the spiritual or natural happiness. Natural happiness or inner contentment is a rather difficult thing to explain, as it is a very abstract idea. Inner contentment cannot be found through material things. It comes from oneself, from one making peace with what they have and understanding that they cannot have everything. Howard Cutler, the Dalai Lamas companion, asks à ¢Ã¢â ¬Ã ¦How can we achieve inner contentment? There are two methods. One method is to obtain everything we want and desireà ¢Ã¢â ¬Ã ¦ The second, and more reliable, method is not to have what we want but rather to want and appreciate what we have (Cutler 1002). It would seem that Cutler, the Dalai Lama, and I share many of the same views. Inner contentment itself comes from making peace with what we already have, moving past the desire of wanting material things. However, it should be made clear that we are discussing happiness, not contentment. Contentment, inner contentment, certainly comes from achieving a peace with what one has and accepting that one cant have everything. But that is only contentment. True happiness comes from a balance of both contentment and desire. It comes from striking a balance between the two methods of achieving inner contentment. But this is only one persons happiness. Philosophers such as Epictetus would argue that happiness does not come about through these methods. Epictetus taught that: The goal of life is happiness or flourishing life. The way to achieve this condition is to understand the nature of the good (Barnet and Bedau 995). He argued that The only true good is virtue. Yes, wealth can be useful, but it is not good or badà ¢Ã¢â ¬Ã ¦ Povertyà ¢Ã¢â ¬Ã ¦ is not bad but is morally indifferent (just as wealth is morally indifferent)à ¢Ã¢â ¬Ã ¦ The life that is happy or fruitful is the virtuous life (Barnet and Bedau 995). Epictetus was likely speaking about happiness as a whole or happiness for the greater good. One persons happiness may not be the same as anothers, but I agree with Epictetus that happiness comes about through living a virtuous life. I would call this version of happiness a worldly contentment. This is, of course, different from the inner contentment previously discussed. Daniel Gilbert adds onto this idea of contentment. In his essay Does Fatherhood Make You Happy? he explains that having children generally makes a parent happy. Psychologists have measured how people feel as they go about their daily activities, and have found that people are less happy when they are interacting with their children than when they are eating, exercising, shopping or watching television (Gilbert 985). He starts off by stating how studies have shown that parents become less happy when they have children around them and how they would rather be spending time doing other things to make them happy, but later counters this idea with his reasons from personal experience. First, when something makes us happy we are willing to pay a lot for it, which is why the worst Belgian chocolate is more expensive than the best Belgian tofu. But that process can work in reverse: when we pay a lot for something, we assume it makes us happy, which is why we swear to the wonders of bottled water and Armani socks (Gilbert 985). Gilbert brings toward a materialistic view very similar to the Dalai Lamas. We are willing to sacrifice for material wants and desires but only true happiness lies in contentment. Gilbert compares children to heroin, while it may seem irrational his points are made clear. Children give parents a feeling of pleasure that makes them forget everything else around them. The analogy to children is all too clear. Even if their company were an unremitting pleasure, the fact that they require so much company means that other sources of pleasure will all but disappear (Gilbert 986). I interpret this as another form of contentment. Because of how satisfying it is to have children, it makes a parent content that they dont need anything else. Lewis proposes a countercultural idea, that we actually have no right to happiness. Some people believe that happiness is a right and is supposed to be given out, or is required to be provided by the government, like a right. In all reality that is true, but to an extent, we do have a right to happiness; we also have a right to earn happiness. We are all provided with the resources to do so. As in all rights we are provided with there still is some kind of boundary. If we establish a right to (sexual) happiness which supersedes all the ordinary rules of behavior, we do so not because of what out passion shows itself to be in experience but because of what it professes to be while we are in the grip of it (Lewis 1006). Lewis would say that pursuing happiness is alright as long as you are within legal and moral laws. In other words, living a good life is a means to pursue happiness. Thus the question of what is happiness can be defined in multiple ways. For one person, it is through achieving a state of inner contentment through finding a balance between material desire of what one does not have and a desire of what one already has. In the context of worldly or societal happiness, happiness is found through living a life of virtue and thus being fulfilled, or finding contentment, in that manner. Happiness is all of these things. Happiness, however, isnt a destination to reach. Its a perception, a mindset. There are those that believe that people are born with this mindset. There are others who believe that each of us can achieve this perception merely by redirecting our thoughts. Both are true. Sometimes it takes a really stressful event to make us realize how grateful we are for what we have rather than desiring what we dont have. The secret to happiness is contentment; a still point of realization that happiness is found within, not through external measures and possessions. Contentment is more than being grateful for the small things in life, it is being grateful for simply being. Contentment is a song the heart sings in the quiet moments of the day. Can you hear it?
Notable Clauses In Icheme Contracts Construction Essay
Notable Clauses In Icheme Contracts Construction Essay A construction project can be have a good start. Owner according to their own actual situation choose Procurement Methods. And Then according to the time, quality, costs etc, choose the tendering methods. Finally according to their own construction project consider based on the main body of the building design select a standard form of contract. 2. Procurement Methods The procurement is a term used to describe the activities carried out by the client or employer is seeking to bring construction or renovation of buildings. It is a mechanism which provides a solution to the question: how do I get my project built? In most projects, the client (usually through their advisers or internal team) will start the procurement process by developing a project strategy. The strategy needs to weigh the benefits, risks, and budget constraints of a project to determine what is the most appropriate method, procurement contractual arrangements will be required. With every project, the clients concerns focus on time, cost and quality (or performance) in relation to both the design and construction of the building. Understanding of risk is very important, because although each procurement methods follow a comprehensive set of rules and procedures, there are risks associated with select any particular route. The JCT contract specifically for different procurement methods are used in the construction industry. There are three main procurement methods : Traditional system Client development projects of the business use cases, provide a brief, budget an designate a team of consultants to prepare a design, plus the tender document. Client appoints the construction contractor construction architect design, by the completion date of the contract and the agreed price. Usually much of the work is sub-contracted to specialist firms but the contractor remains liable. Consulting firm manage the contract on behalf of the client, and suggested that the relevant aspects of the design, progress and stage payments must be paid by the client. Separate contractors from design can mean lost opportunities for contractor or expert contractors to enter. This strategy is the choice of a low-risk client want to reduce their exposure to cost overruns, delays, or design failure. This is probably the most commonly used method of procurement and it is suitable for: all clients, including inexperienced clients complex projects and projects where functionality is a prime objective However, it is not suitable for fast track projects Figure 1: traditional procurement process Source: http://www.google.com.hk/imgres Design and build system The main contractor is responsible for both design and construction and will use either internal designers or employment consultants to perform design. Most of the construction work will be carried out by the experts or subcontractors. Design and build approach gives the client a single point of contact. However, the cost of construction costs submitted by the client, as well as an earlier design than the traditional method. While the risk transfer of the contractor, which is very important to the design of liability insurance is to keep it to cover the risk.Change by the client in the design can be expensive, because they affect the entire design and construction contract, not just the cost of the design team. This method of procurement involves the contractor being responsible for design as well as construction, it can be suitable for: all clients, including inexperienced clients and those requiring distance from the project. cost certainty faster track However, it is not suitable for: an uncertain or developing client brief complex buildings Figure 2: design and build procurement process Source: http://www.google.com.hk/imgres Management Contracting The client appoints designers and a contractor(management contractor) separately and pays the contractor a fee for managing the construction works. A feature is the early appointment of the contractor to work alongside the design team to develop a programme for construction and contribute to the design and costing of the works. The works are let competitively by the management contractor to subcontractors and specialists in appropriate works packages. This approach often means that design and the start on site overlap, with the design and tender packages becoming available just-in-time to suit the construction programme. Management contractor will not carry out construction work. This preserves the management independent contractors and strengthen a consulting firms relationship with its customers. Payment plus a consent fee based on the cost of works package to the management contractor. This is suitable for: fast track projects complex buildings a developing brief However, it is less suitable for: inexperienced clients cost certainty before starting construction clients wanting to pass risk to the contractor Figure 2: Management Contracting process Source: http://www.google.com.hk/imgres Tendering This offer the time needed to complete a project, money and other conditions related to contractual obligations to complete construction projects collectively form a tender. Management and business decisions to tender is called a tender, to do so is based on a variety of details, such as estimated. There are three types of tendering methods used in construction industry: 1. Open Tendering An open tender is a tender invitation sent to all interested contractors, so they can submit the tender. This process is considered to be one of the most fair way, even an unknown or new contractor can have the opportunity to get the contract. Advantage of the open tender To the high level of competition and contractors often give the best price and the other bidding methods. There is no limit bidders list, it does not allow favoritism. This is a very transparent process, to ensure that the contractors and the best price and meeting all the technical requirements to win the tender. This process is usually by procurement management board, its staff is trained to make this exercise and the Board to ensure that all procedures involved in the tender. The disadvantage of the public tender The low prices are usually damage the quality and often cause the client to get the low-quality work and night to complete the work. In view of its public tender, where the number does not limit the contractor bidding to become coarse, tender analysis and lengthy work often leads to delays and high cost. 2. Selective Tendering In this process, the selected contractors were invited to tender to tender. However, this approach leaves a lot of space prejudices. This process can reduce the competition for those invited to tender. The method has been applied to the case when building a little selective and requires high-tech and specialized expertise, skills and experience. Only those contractors to meet all these needs is to invite tenders. Advantage of selective tender An advertisement may produce several interested contractors and suitable Firms are selected to tender. The consultants may contact those they would wish to put on an ad-hoc list. Many local government and national institutions to maintain approved contractor list in certain categories, such as the type of work and cost range. Require the Contractor to include in the select list of bidders usually required to provide the information on their financial and technical performance, especially when you consider the type of work. National Joint Advisory Committee Building (NJCC) wrote a standard form of tender questionnaire Private so the contractor can be ready to answer related issues in advance. These problems are mainly processing projects in the past three years. Once the form has been completed, it can be used for a specific project or compile a list of the selected contractor 3. Negotiated Tendering. This process involves negotiations tender consulting client select contractors consultation contract, its terms and conditions. This process uses a special case. For example, usually in the case of an emergency, you need to complete a project in a very short period of time or complex contracts, financial and technical performance are difficult to identify. This proposed standard procedure for situations involving the safety of major national projects. STANDARD FORM OF CONTRACT A standard form contract (sometimes referred to as an adhesion or boilerplate contract) is a contract between the two parties, the terms and conditions of the contract party, the other is set on a either accept it or leave it stance with little or noability to negotiate terms that are more favorable to it. Example of the standard form of contract insurance (insurance companies decide what will and will not guarantee that the wording of the contract) and contracts with government agencies (in some terms must be included by law or regulation). There are many of the standard form of contract for international construction project. Such as FIDIC JCT IChemE etc. Standard Form Contracts: FIDIC FIDIC is International Federation of Consulting Engineers, the French acronym. It was founded in 1913, aims to promote the interests of engineering companies in the global consulting. It is best known for its range of standard contract conditions for the construction of plants and design industry. FIDIC form of contract is the most widely used form of the international community, including the World Bank, its projects. The the FIDIC rainbow kit new contract was published in 1999, including: Red Book: employer of construction conditions of contract for architectural and engineering design; Yellow book: Conditions of Contract for Plant and Design; Silver book: Conditions of Contract for EPC / Turnkey Engineering; Green book: a short form of the contract conditions. These new form of the first version and user-friendly design, with a standardized method to reduce the general conditions from the more than 60-year-old to 20 terms and conditions. Additional forms since 1999, including: Blue book: the contract dredging and reclamation; MDB / FIDIC Contract: FIDIC conditions included in the standard tender documents multilateral development banks; The White Paper: client / consultant model services agreement; Kims book: FIDIC design, construction and operation of the project. Red and yellow book has a similar structure, with 20 of the general conditions. Have guidance, assist in the preparation of the special conditions, and add specific conditions. The Red Book (construction contract for building and engineering employers) to work for the employer is responsible for the design. This is a re-contract, which means the employer and the contractor agreed to in the the contract rent type of work, and those interest rates will be applied to the amount of work, contractor implementation. Employers need a lot of risk is estimated to be more or less accurate, the contractor must ensure that the number of the unit price is enough. The yellow book (plants and design, construction contract) works designed for the use of contractors. This is a one-time contract, the Contractor undertakes to deliver the project, a fixed price. Contractors, therefore, requires a lot of risk. Standard form contracts: JCT JCT contract, in the form of the most common standard form of construction contract in the United Kingdom, accounting for about 70% of the UK project. The Joint Contracts Tribunal Joint Contracts Tribunal, composed of seven members represent a broad range of interests in the building and construction industry. It produces standard forms of contract, notes and other standard documentation used in industry. The JCTs intention, they represent a balance between the parties to allocate risk arising from contracts. The JCT suite of contracts The latest version is the 2011 package. Need to consider the to modify housing grants, construction and regeneration Act of 1996, thus affecting the payment. However, previous JCT is still in use. Main contract JCT suite (see the JCT Contract) listed below. This guide will focus on the following form: Standard construction contract (SBC); Design and build (DB). Format and structure A JCT contract in the standard format is: Articles of agreement; Contract matters: these contain specific information; Conditions of Contract; Timetable. The contract payments JCT flexible. They may allow pre-paid contractor from the employer, usually accompanied by payment of security such as bonds and / or invoice once the work is completed certification. Certification by an independent third party (such as architects, the employers agent or contract administrator). Usually paid by the temporary work progress. Design Build Contract D B is a popular form of contract in the JCT suite and is often used for large-scale, complex construction projects, such as stadiums, shopping centers and office buildings. It uses public and private sectors. The key characteristics contractor D B contract will design works to it by the employer based on demand (ie, employers hope from the building). The contractor will have a contractors proposal (set how the contractor will receive the needs of employers). Then, it will perform a total work (see the contractors proposal) Standard Building Contract Sometimes described as traditional contracting, the contractor will not be involved in any aspect of the design in a Southern Baptist. Works will be reference to the drawings and BOQ prepared by or on behalf of the employer to the contractor. BOQis actually a list of project construction cost (including a description of the number of projects and needs) and pay the foundation. Standard Form Contracts: IChemE The institution of Chemical Engineers (IChemE) is a global professional engineering organization, was founded in 1922. It creates two sets of forms of contract for international and UK projects in the process industries such as food production, chemical and pharmaceutical. These are turnkey contract for the project is transferred to the buyer in a ready-to-use condition. Each form of IChemE Contracts Manual contains a model form of agreement, general conditions and detailed guide pointed out to assist the user to prepare a contract. This guide provides a simple look at the three main IChemE forms of contract. The three major forms of contract IChemE contracts for the procurement process plants specialized machinery but can be used for other infrastructure projects. The three main forms of contract are color-coded according to the pricing mechanism. Red Book Lump sum, or fixed-price contract: A fixed price for the entire work; Contractor the risk of any additional costs exceed the fixed price; The contractor may still recover additional costs depending on the agreement. Green Book Repayment contract: Contractor may be required to recover the costs in the implementation; There is no pre-fixed price; The contractor will take fewer risks. Burgundy Book the target cost contract: Pricing mechanism is a variation in the terms of repayment; The costs can be claimed a fixed level (goal of); The final cost is higher or lower than this target, different gains or losses shared in an agreed proportion. The IChemE publication of the international form of red, green and Burgundy Books in 2007. Contract structure The contracts IChemE package follow the same basic structure: Agreement; contract conditions; generally; special: and other standard forms of contract, specific conditions are necessary and need to be drafted to meet the law applicable to the project. The other specific conditions may also be needed; specification; timetable. Notable clauses in IChemE contracts Extensive testing system: IChemE contracts contain a more comprehensive testing program for before and after the completion of, than some other standard forms of contract; Acquisition of tests and procedures: the IChemE detailed testing mechanism including separate tests when the project is completed, when the plant is in the employer receives. Analyses the contractors obligation against the design consultants liability during the design stage According to this project use the FIDIC(YELLOW BOOK) Contractors General Obligations The Contractor shall design, execution and completion of the works in accordance with the contract, shall remedy any defects in the works. Once completed, this work should be suitable for the purpose of work as defined in the contract. The Contractor shall provide plants and contractors in the file specified in the contract, and all contractor personnel, goods, supplies and other things and services, whether it is a temporary or permanent nature, requirements and the design, execution and completion of and repair defects.The Works shall include any work which is necessary to satisfy the Employers Requirements, The contractors proposal and timetable, or implied contract, and all the work (although not mentioned in the contract) is necessary, stable or complete, or safety, proper operation works. Appropriate, stability and security of the Contractor shall be responsible for all site all methods of operation, construction, and all the works. The Contractor shall, whenever required by the Engineer, submit a detailed arrangements and methods of using contractors for the execution of works. There was no significant change in these arrangements and methods should had informed the engineer. General Design Obligations Contractor shall implement responsible design works. Designers should be designed to prepare qualified engineers or other professionals to comply with the standards (if any) specified in the employers needs.Unless otherwise provided in the contract, the Contractor shall agree with the name of the matters and each designer and design subcontractors. The Contractor warrants that, he, his designers and subcontractors have the experience and capacity necessary for the design. Contractors, designers should be available to participate in the discussion of the engineers at any reasonable time, until the expiry date of the Defects Notification Period. Commencement of the works in the receipt of the notice under section 8.1 [Contractor shall carefully review the requirements of the employer (including design criteria and calculations, if any) and the items mentioned in paragraph 4.7 of the reference [set]. Within the time limit specified in the Appendix to Tender, calculated from the Commencement Date, the Contractor shall notify the Engineer of any error, error or other defect found a reference to the needs of employers, or these entries. After receiving this notice, the Engineer shall determine the terms of 13 years [variation and adjustment] applies, shall notify the Contractor accordingly.In a way, (taking into account the cost and time) an experienced contractor due diligence exercise will find the error, error or other defect when the inspection site and employer requirements before submission of tender, completion time may not be extended and the contract. The price shall not be adjusted. Conclusion First Based on this case study, the essay show us a Singaporean company proposes to build a 40-storey hotel with 2 levels of basements at City Square, Johor, facing the water front. And then the Singaporean company entered into a contract with Alpha Design Tech. Pvt.Ltd, a Singaporean design consultant. And Alpha Design Tech Pvt. Ltd is responsible for design and selection of contractor for the client. A Malaysian builder was awarded the project with condition that the Malaysia contractor company would enter into a contract with Alpha Design Tech Pvt. Ltd here on. So i think the most suitable procurement system is he novated design and build method. Because the client(Singaporean company ) want to use the design team(Alpha Design Tech. Pvt.Ltd) make plan so They reach the contract relationship. And design team to find think appropriate contractor, the contractor must be use the design teams drawing. Usually, this way is novated design and build method. Second in this case study The Singaporean company is concerned about other aspects, among others: facade lighting acoustic system mechanical engineering marine engineering fire engineering So this Singaporean company In order to find a more suitable for this project construction contractor, lists several requirements, This also reflects Singapore company chooses the selective tendering. finally the client is a Singaporean company, the design team Alpha Design Tech is a Singapore based multi-disciplinary consultant with architects and engineers from Singapore, Thailand, Philippines, and Hong Kong. The contractor is a Malaysia contractor company. So we should use the standard form of contract for international construction project. And FIDIC is the most Professional than others. According to the case study FIDIC(yellow book, Conditions of Contract for Plant and Design-Build ) the most suitable for this project. Through the case study. I to procurement, tendering, standard form of contract have more deep understanding.
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