Manage Health And Safety Across An Organisation Essay

The Health and Safety at Work Act 1974 is the primary piece of legislation covering work related health and safety in the UK. Health and Safety Commission is responsible for developing policies and making proposals for Health and Safety Regulations. The Health and Safety Executive is the statutory body appointed by the commission which provides inspectors who have the responsibility for enforcing legal requirements. Medicine Act 1968 Misuses of Drugs Acts 1971 Health Act 2000 complies with health, safety and risk management procedures, and cleanliness and infection control. Employer has responsibilities for the health and safety of their service users and employees. They are also responsible for any visitors to their premises such as family, friends, health visitors, suppliers. The company has a duty of care to look after, as far as possible , all the staff and service users health, safety and welfare while at work .I make sure to start with a risk assessment to spot possible health and safety hazards. Risk assessment reviewed on regular basis and whenever circumstances changes. Eg: water low risk assessment score. Read more: Explain why it is important to assess health and safety risks essay Responsibility for health and safety implications of work activity and employee welfare rests with the employer. An employer’s liability can be both criminal, in so far that employers be prosecuted in the magistrates or Crown Court for breaches of criminal law (specially, the Health And Safety at Work Act 1974) or health and safety regulations or be sued in the country or High Court for damages in the event of negligence or breach of statutory duty giving rise to personal injury to employees, visitors to the work place. Legal and personal responsibility for health and safety can fall on anyone employed in the organisation. Every person with responsibility for health and safety in the organisation will identified and has their role and responsibilities set out in the health and safety policy whist performance of the day to day functions can be delegated to senior staff, over all responsibility cannot be delegated and remains with the board as the employer. Eg: During the rounds I make sure the COSHH room is locked .Ensure no chemicals or cleaning equipments on the way of the service user .All the fire doors and linen cupboards must be closed at all times. To make sure staff is maintaining proper hygienic procedure according to home policy and procedures to minimize the cross infection. Medication cupboard locked and key must be with the in charge at all times. An employer’s statutory duties can be summarised as follows:- Employer to  ensure, the health, safety and welfare of its employees and service users. This includes provision of safe systems of work, safe equipments, information, training, supervision and a healthy living environment. The company’s duty of care in practice Make the work place safe. Prevent risks to health. Ensure machinery is safe to use and that safe working practices are setup and followed. Make sure that all the materials are handled, stored and used safely. Provide adequate first aid facilities. Training up to date and supervision as needed. Set up emergency plans. Make sure ventilation, temperature, light, toilet, washing and rest facilities all meet health, safety and welfare equipments. Check that the right work equipments provided and is properly used and regularly maintained. Ensure that the right warning signs are provided and looked after. The Reporting of Accidents, Injuries, Disease and Dangerous Occurrences Regulations 1985 (RIDDOR) to Care Quality Commission. Health and Safety Commission’s Approved Codes of Practice give detailed, practical advice on how to comply with health and safety laws, Employers following the advice while doing enough to comply in respect of those specific matters in which the Approved Codes of Practice gives advice. Qualified and experienced health and safety consultants, who will protect our organisation by advising on and implementing best practice methods, helps to make sure that service users, family and staff are kept up-to-date with changes in the legislation. Tees Spires is the contracted agency to check the health and safety equipments once in a year. Yearly fire training arranged through London fire service by the company to up to date the knowledge. Health and safety specialist advisor provides ongoing support .Every employer is under a statutory duty to arrange for a competent person to assess all risks arising at work place or created by work activity. Eg: The home conduct fire drills six times a year and staff on duty will come to  the assembly point and sign the fire practice book. The home manager always discuss with the staff to follow The Health and Safety Work Act 1974. Health and safety meeting conducted on every month and issues arises during the meeting are solved by appro priate interventions The responsibilities of the employer are subject to range of health and safety legislation. Organisation’s health and safety policies advising that Health and safety education should start with staff orientation when an employee joins the organisation. Induction related to health and safety that should include emergency procedures location of first aid stations health and safety responsibilities reporting injuries unsafe conditions use of personal protective equipments right of refuse hazardous work According to organisational policy staff to check all the fire escape routes and exists to ensure that there is nothing blocking the exist. For each work activity there should be safe system of work, staff should receive appropriate training and all equipments should be maintained in good condition. I make sure a suitable and sufficient assessment of hazardous manual handling operations which cannot be avoided and reduce the risk of injury via appropriate systems of work, including training. Eg: Monthly care plan review and health and safety meeting helps to identify the main issues. The company have the call bell system registered in the computer and checked on a daily basis. Home also have maintenance book for all the staff to enter the issues related to the building for the maintenance manager to check and resolve the problem Equipments used for lifting service users (lifts, hoists) are subject to the requirements of the Lifting Operation and Lifting Equipment Regulations 1998. As such they are required to have a thorough examination every six months. Slings used with the hoists must also be examined at this time.  Before use staff must ensure that they check the sling is in good condition and is the correct size of the service user. I always ensure that all the  staffs are aware of which slings are to be used for which service user and also recorded in the care plan. Staffs in the care home are particularly at risk from clinical waste, including soiled laundry. Therefore staffs are trained in safe working procedures and hygiene standards, as well as being provided with appropriate protective equipments. The electricity at Work Regulations 1989 requires maintaining electrical system and equipments in safe working orders. Fixed electrical installations should be inspected at least once in every five years. Simple, regular in-house checks of equipments should be carried out by our maintenance manager at a frequency appropriate to the risk. Portable appliances should be tested regularly and annual testing is recommended. Staff, family and visitors aware that any portable appliances brought in to the home by others are checked prior to use and are included in any testing regime. Eg: xxx who is mobilizing with the walking stick usually goes out with out escort .A risk assessment care plan in place and recommending staff to make sure that xxx is wearing company tag with the phone number, receptionist must record the dress code in the sign in and out book. Staff been allocated with fire steward on each floor on each shift on daily basis. Fire exist doors must be clear at all times. Maintena nce manager check the fire extinguishers good working conditions, expiry dates and fire exit signs In order to prevent slips, trips and falls floor should be of non –slip design and floors should be kept clean, in good repair and free from obstacles at all times. During cleaning warning signs should be used to make service users and staff aware of potentially slippery surfaces, stairs should be properly maintained constructed and well lit with hand rails. Using chemicals or other hazardous substances at work can put people’s health at risk. So the law requires controlling exposure to hazardous substances to prevent ill health .To prevent falls from height, windows modified to reduce the size of the opening. A formal review of health and safety performance is essential. It allows the organisation to establish whether the essential health and safety principles – strong and active leadership, worker involvement, and assessment and review – have been embedded in the organisation. It tells whether the system is effective in managing risk and protecting people. Employer also plays an important part in monitoring the effectiveness of the home policy, eg by carrying out work place inspections. Health and safety audit will examine our responsibilities under the Health and Safety at Work Act as well as compliance with key UK and EC safety regulations. Management are responsible for regularly reviewing and where appropriate simplifying and updating the health and safety policy. Safety for work offers a complete with report with recommendations. Health and safety procedures are set up with best intentions. The company review all the policies once in a year. Last year there was new recommendation for the health and safety policy that resident to wear company badge whenever they go out of the building. During the induction training staff will gain the foundation to good health safety practice is to harness our work place as our staff safety eyes and ears to spot hazards and minimize risks. Raising health and safety awareness throughout the company makes sound the home to run smoothly. The overall responsibility for health and safety rests on the employer, but day to day responsibility delegated to all the staff on duty. The arrangement section of our policy shows the steps we will take to eliminate or reduce as far as reasonably practical the risks posed by the hazards in the work environment. Control of Substances Hazardous to Health Regulations (COSHH) 2002 law requires employers to control substances that are hazardous to health. COSHH Training will reinforce our organisations safety culture and help to prevent work place accidents and injuries. It is important that cleaning materials should never be left on even when domestic staff is taking a short rest break. Fire risk assessment recommended reviewing on an annual basis or when changes have taken place to building fabric or layout or the building’s use. Fire risk assessment carried out by someone who has had sufficient training and has good experience and knowledge of fire safety and it is done by the company contracted health and safety agency. Staff allocated with fire steward, in case of fire alarm has to make sure the service users are safe in the room and to call the fire brigade. Any major issues reported to directors and take instruction to deal accordingly. Xxx using stairs to mobilize as xxx is scared to use lift. Family, GP, staff informed and risk assessment identified and care plan in place. Health and safety auditing is a valuable management technique that is highly recommended by the Health and Safety Executive. An audit will show exactly how we measure up to legal requirements, and whether staff performance is unto standard. Management system audits should be planned and scheduled at regular intervals. Effective health and safety auditing not only provides the legal framework for compliance, it also lays the foundations for continuous safety improvement to enhance competitive advantage. We have health and safety meeting once in every month and all the staff can arise issues related to health and safety problems. The home manager take appropriate action immediately A good health and safety record is a competitive advantage and a reflection of management strength. By auditing current performance, informed decisions can be made, actions prioritised and resources allocated. Furthermore, regular reviews of safety performance will lead to a culture of continuous improvement. EG:xxx unable to weight bear on her legs, using hoist for transfers. A risk assessment care plan in place and staff to follow proper moving and handling procedures according to the person cantered needs and priorities. Work place inspections help to identify existing hazards so that appropriate corrective actions can be taken. Health and Safety Legislation requires work place inspections as a proactive action to ensure workplace health and safety. All the staffs are responsible for reporting and I take actions on unsafe conditions and acts as they are encountered. The main purpose of the Health and Safety Legislation is To secure the health and safety and welfare of people at work To protect other from risks arising from the act ivies of  people at work To control the use and storage of dangerous substances Although staff will aim to give personal care and support in as individual a manner as possible, staff must always remember that health and safety for everyone involved comes first. For eg, service user ask to be left in the bathroom alone, staff should support this but only if it is safe to do so. Staffs needs to consider the risks involved and the service user’s capacity to understand the risks and know how to reduce them. Health and Safety Act requires employers to ensure workers are appropriately knowledgeable about health and safety and they are trained in relevant areas. Monthly health and safety meeting helps to identify the issues. Risk assessment reviewed regularly and takes action according to the changes. Health and Safety policy in the home is a plan showing how we will manage our organisation’s health and safety issues. It is set out the actions we are taking to prevent accidents and ill health meet our legal duties manage risks A formal review of health and safety performance is essential. It allows the organisation to establish whether the essential health and safety principles – strong and active leadership, worker involvement, and assessment and review – have been embedded in the organisation. It tells whether the system is effective in managing risk and protecting people. Employer also plays an important part in monitoring the effectiveness of the home policy, eg by carrying out work place inspections. Health and safety audit will examine our responsibilities under the Health and Safety at Work Act as well as compliance with key UK and EC safety regulations. Management are responsible for regularly reviewing and where appropriate simplifying and updating the health and safety policy. Safety for work offers a complete with report with recommendations. Health and safety procedures are set up with best intentions. The company review all the policies once in a year. Last year there was new recommendation for the health and safety policy that resident to wear company badge whenever they go out of the building. During the induction  training staff will gain the foundation to good health safety practice is to harness our work place as our staff safety eyes and ears to spot hazards and minimize risks. Raising health and safety awareness throughout the company makes sound the home to run smoothly. Health and safety is the joint responsibility of management and workers. Management is accountable for non-compliance to health and safety legislation. Responsibility may be defined as an individual’s obligation to carryout assigned duties eg of responsibilities of workers. .using personal protection and safety equipment as required by the employer following safe work procedures knowing and complying with all regulations reporting any injury or illness immediately reporting unsafe acts and unsafe conditions participating in joint health and safety committees Eg of my responsibilities instructing staff to follow safe work practices enforcing health and safety regulations correcting unsafe acts and unsafe conditions ensuring that only authorised, adequately trained staffs operate equipments reporting and all accidents /incidents inspecting own area and taking remedial actions to minimize or eliminate hazards ensuring equipments are properly maintained promoting safety awareness in workers Staff to allow individual independence and not to restrict. For eg: xxx want to walk on corridors allocated staff to monitor xxx while walking and to promote the individual independence Health and safety education should start with staff orientation when an employee joins the organisation. Induction related to health and safety that should include emergency procedures location of first aid stations health and safety responsibilities reporting injuries unsafe conditions use of personal protective equipments right of refuse hazardous work Communicating and consulting on matters of health & safety are vital elements in organising for health and safety. They help promote a positive health and safety culture and secure the implementation and continued development of health and safety policies. The company have a contract with an established health and safety consultancy that provides a comprehensive range of health, safety, occupational hygiene, environmental and risk management consultancy and training services. Carry out regular risk assessments, making sure you consider the increased risk that hazards may pose to vulnerable clients. Identify and implement appropriate control measures. These may need to be included in the risk assessment for individual clients. Ensure safe storage, handling and disposal of all hazardous substances, eg cleaning products, medicines and clinical waste. The company has a health and safety policy in place and the policy take account of the special circumstances faced by care-service businesses and the specific needs of vulnerable individuals. For instance, a detailed fire evacuation plan placed on all the service users’ doors to protect them. Eg: xxx has hospital bed with cot rails .the company policy not permitting to use any rails .i nformed GP and family .Assessment done by district nurse as xxx doesn’t have any falls from the bed any need to use the cot rails. Informed all the staff and senior staff to check on a daily basis. An effective safety program needs the cooperative involvement of all employees. Our organisation has a joint health and safety committee brings together workers in depth, practical knowledge of specific jobs and management’s larger overview of job interrelationships, general company policies and procedures. This team is effective in solving health and safety problems than a single individual Minimizing risks of accidents and injuries, it’s also important to make our  premises as user friendly as possible. Simple design changes can be very effective, such as: making door handles easy to open  placing light switches at accessible heights  using rails near baths and toilets to aid balance The earlier think about these issues, the easier it will be to deal with them. The company required by law to consult all employees on matters relating to Health and Safety. The home has health and safety meetings and minutes published and other documentation that can demonstrate the company has an ongoing and organised approach to Health and Safety and risk management. Environmental audit conducted on a monthly basis. Health and Safety template is an excellent tool to check on Health and Safety matters. It also enables me to demonstrate authorities that consultation is taking place, and that Health and Safety management is an ongoing process in your company, as well as providing you with solid records to that effect.

Islamic Fundamentalism Essay

Introduction: The term â€Å"Islamic Fundamentalism† refers to one of those Islamic movements in the Middle East, North Africa or South and East Asia with a goal to establish an Islamic government in the area of their struggle. Islamism and Islamic Extremism are other synonyms of Islamic Fundamentalism. The rise of Islamic Fundamentalism can be traced back to the 20th Century when different movements emerged with the goal of the revival of Islamic Political presence in the global scenario. It was initially in response to the colonialism and imperialism of the West. Most of the Muslim intellectuals regarded Western dominion of their lands as unfair. The alleged the Western Nations as looting and robbing their resources and wealth. The modern Islamists consider the global economical and political system as tools to perpetuate Western domination on the world. That’s why they appose and despise it. This paper will discuss whether the Islamic Fundamentalism is a threat to the modern civilization or not. Islamic Fundamentalism a Growing Threat: The feeling to revive the Islamic values among the daily life is a common feeling in the Muslim communities of the world. Thus in this way Islamic Fundamentalism is not a harmful or an aggressive phenomenon. There are also large numbers of Muslims who think that the western political and economical systems are not compatible with their social and religious norms. These people want to establish an Islamic political and economical system as an alternative to the Western Democracy and Capitalism. These are also divided into two categories. The mainstream of Islamists is determined to work according to the current rules and regulations of their respective societies. They do not violently appose political pluralism participate in the democratic process and recognize the interests and rights of the minorities. They do not disregard the presence of a market economy either. The Muslim Brotherhood of Egypt and Jordan and the Islamic Salvation Front of Algeria before it was deprived from its electoral victory and forced to take arms lie in this category. (Millward, 1993) In the second category of the Islamist lie those who have a revolutionary and radical notion of establishing an Islamic State. They completely disregard the existing system in their societies and are eager to overthrow it with force and military struggle. They have no recognition of the market economy and they despise any form of political pluralism, and minority rights. Alqaida, The Palestinian Hamas and Egyptian Islamic Jihad lie in this category. (Millward, 1993) Because they consider the modern political system under the jurisdiction of the United Nations a way to perpetuate Western dominion, they despise it and deem it as an opponent and hostile force. Because their long-term goal is to develop an alternate global political system they have intended to destroy the existing supporting powers of the current system. These were the intentions behind the 9/11 attacks on the World Trade Center. Because the radical Islamic Movements deem the U. S. has the most powerful supporter of maintaining the status quo they made their first offensive against her. The more will be the support for democracy and capitalism the earlier it will become the target. U.K and Spain are other examples of some rigorous supporters of the democracy and capitalism which, sustained brutal assaults from radical Islamists. Conclusion: Radical Islamic Fundamentalism is indeed a threat to the modern world, but they have their limitations. The radical Muslims are a small faction of the Islamic Mainstream. Though recent events like American led invasion on Iraq has sparked angered among the Muslim youths, the failure of the secular elite leadership of the Islamic world is responsible for turning their eyes to the radicalists. If the World Leader did not take serious measures to pacify the Muslim masses the â€Å"Green Peril† will become deadly truth. References: Bukay, David (2003). Cultural Fallacies in Understanding Islamic Fundamentalism and Palestinian Radicalism, Jerusalem Summit , Retreived from the World Wide Web on April 19th 2007, http://www. jerusalemsummit. org/eng/full. php? id=23&speaker=72&summit=32 Millward. Wm. (1993). The Rising Tide of Islamic Fundamentalism, Canadian Security Intelligence Service, retrieved from the World Wide Web on April 18th 2007, http://www. csis-scrs. gc. ca/en/publications/commentary/com30. asp.

Natural Resources and energy paper Essay Example | Topics and Well Written Essays - 500 words

Natural Resources and energy paper - Essay Example However, although there are benefits of extracting water for use as energy, there are certain risks and challenges as well that are associated with the extraction of this source of renewable energy (NRCan’s Role and Freshwater, 2010). Fresh water is one of the prime necessities for all living beings and in particular for human beings. Human beings living in the cities, or for the purposes of farming and agriculture, and in the industries, require freshwater which is the main cause for extraction of freshwater from the aquatic ecosystems. Freshwater systems provide control of floods, transportation facilities, recreation, as well as waste purification (Baron et al, 2003, pp.1-15). Extraction of freshwater includes benefits for the landscapes on earth. Freshwater aquatic ecosystems are comprised of such organisms that form the food web for other living beings. These organisms available in the freshwater are both ecologically and economically important as they are diverse in form and nature. Benthic communities refer to the lives available at the bottom of the freshwater systems constituting organisms like algae, bacteria, fungi, and other invertebrates that are capable of transforming substance and energy into livi ng forms, thus proving to be sources of food and energy of living beings on earth (Benefits of Freshwater Systems, 2013). However there are certain risks associated with such extraction of freshwater from the aquatic ecosystems as well. The benefits for the society has led to overlooking the benefits that freshwater has for the aquatic ecosystems and the living organisms present in there. With more and more extraction of this source of life and energy the quantity of freshwater required for the aquatic systems as well as for human beings is becoming limited. There is a huge demand for freshwater while the

Leadership and Symbolism Assignment Example | Topics and Well Written Essays - 500 words

Leadership and Symbolism - Assignment Example As it is common to most leaders, leadership involves persuading people to follow a common goal which is of importance to an organization, or a group. For this reason, leadership is mainly seen as a persuasion. For persuasion to take effect by a leader to the followers, there must be communication. Communication is, on the other hand, the transfer of symbols by the leadership so that the followers can perceive it well and bring understanding that is capable of enforcing leadership commands (Vickery, 2012). Symbolic framework provides space for inspirational leadership that is capable of turning around an organization, especially in terms of creating a culture of highly motivated employees after the employees have been demotivated through layoffs, terminations and going through issues of lack of trust. Starcorp as a company has undergone employee layoffs, terminations as well as issues of lack of trust on their leaders brought about by their previous leaders. At the same time, as Starc orp is now faced with the new NASA project that they need to take up, there is great need of making the employees work in harmony and in motivation as that is the only way to produce good results from their new project. It is easy for employees to lose trust on their leaders when they see them laying off other workers and terminating their contracts. When such have happened, there is need for leadership that can give assurance to the employees about their job security as well as better pay in order to make them motivated once again.

Organization and Organizational Change Assignment - 1

Organization and Organizational Change - Assignment Example The solution might require instituting drastic changes in policies or purchase of new machinery to facilitate the work process. However, as common in contemporary organizations, difficulties in the economic condition make financial resources scarce. As such, organizations usually resort to proposed changes which could be unconventional but feasible – if only in the short run. The article discussed the University of Pittsburgh Medical Center (UPMC) Presbyterian Hospital’s strategies for implementing change with regards to the implementation of the Electronic Health Records (EHR) project; especially ways to address resistance to change (Sesack). One is convinced that overcoming resistance to change requires understanding of the need for the change that is to be instituted and communicating the relevance of implementing that change in the work setting. If the need for the change is justified to benefit various stakeholders in the work setting, over and above the current system, inevitably, implementation for change would ensue in a smooth and conflict free manner. It was therefore commendable that the key to overcoming resistance is the ability of leaders to communicate the need for change and allow the personnel to be affected by the change process to see the benefits of the change that would be implemented. The article therefore asserts that there really is nothing to fear with proposed changes. Managers should be able to motivate workers to see that changes would ultimately benefit all concerned in the long run. The article focuses on reasons why implementing change in the work setting fails (Ashkenas). The author evaluated the change theories and ways of implementing change to discern if there is a need to change a crucial facet in the process. As asserted, â€Å"the content of change management is reasonably correct, but the managerial capacity to implement it has been woefully

Stratejik Financial Management, provide an evaluation of two projects, Essay

Stratejik Financial Management, provide an evaluation of two projects, both with five year expected lives and identical initial outlays of 110,000 - Essay Example A thorough analysis of what a business venture or investment will impart the company is one of the most important steps in sustaining profitability, maximizing company's resources, and accepting or rejecting prospective projects (Brealey et al, 2005). The payback period is regarded and widely used because of its relative simplicity. Managers prefer to use it because it is generally easy to memorize and to use (Peterson and Fabozzi, 2002). However, this technique disregards the additional cash flow which can be recouped from the project as it only focuses on the time when the whole investment will be recovered (Higgins 2005). Since the concern of the payback period is when, it does not really tell a business organization whether an investment is worth pursuing or not. Also, because of the relative view of managers on when the amount of investment should be recovered, there is no definite conclusion if project should be accepted or not. The following tables show the computation of the Net Present Value (NPVs) of the two projects under consideration. Using the expect annual cash flow, the computed NPV for project 1 is $31,740 while it is $34,200 for project 2. If NPV is only the man consideration of the business organization in capital budgeting decision, it is apparent that both of the projects should be accepted. It should be noted that using the NPV method, any project which does not yield zero NPV should be considered and pursued by the business organization. Thus, in the case of the evaluated projects above, both should be considered as they both yield positive values of NPV. 4. Explain the logic behind the NPV approach. Net Present Value (NPV) is the difference between the present value of cash inflows and the present value of cash outflows (Keown, et al, 2005). The Net Present Value (NPV) analysis is very much different from other capital budgeting techniques like payback period because it takes into account the time value of money. In the computation for total cash flow, it also takes into account the total cash flow from the investment including the depreciation and the tax shield resulting from it. Starting from the expected annual cash flows from the prospective project, managers should assign a specific required rate of return, that is, the rate of return that the companies want to generate from the investment. This is often indicated as an interest rate. For example, if the company's rate of return is 12%, the company will only accept investments which will yield 12% or higher. This method recognizes that the value of dollar today is greater than its expected value tomorrow. Thus, all the cas h flows are discounted according to the required rate of return. After generating the present value of all the expected future cash flows, it then takes the sum of these present values. Logically, if the sum is positive, it means that the project exceeds the required rate of return. In contrast, if the NPV is negative then the project fails to generate the set return. This technique is favored by more economists and managers because it is more realistic. 5. What would happen to NPV if the required rate

Discrimination of women in wisconson Essay Example | Topics and Well Written Essays - 250 words

Discrimination of women in wisconson - Essay Example This is the case in Wisconsin, where equal pay law was repealed. Women were the most affected by the move. Amid this, wage discrimination can be used to for the purpose of employee rewarding. Performing employees in the workplace can be awarded higher pay for their efforts, over and above the set discriminatory wage rate. On the other hand, wage discrimination against women can result in mixed impacts in the society and in the economy in general. To the employers, wage discrimination against women or any other group could provide a favorable ground for the exploitation of workers. For employees, this type of discrimination threatens their social welfare and economic security (Grana 183). Finally, the society can plunge into an affirmative action crisis if the situation fails to be harmonized for the interests of all parties involved. Women and children, especially low and middle income earners, are likely to be the most affected due to the social and economic uncertainties that wage discrimination

Research primer(hip hop) Assignment Example | Topics and Well Written Essays - 1000 words

Research primer(hip hop) - Assignment Example As mentioned in K. Blow’s composition of â€Å"If I Ruled the World† which initiates with ‘If I ruled the world, was king on the throne I’d make peace in every culture, build the homeless home / I’m not runnin’, for Congress or the President / I’m just here, to tell the world, how my story went’, already the rapper’s aim or how he would manage to proceed from this stage becomes clear. A message of peace or unification upon a diverse culture and race is conveyed, being quite a necessity to express hope of ceasing discrimination and rigid social structure in a society where poor continue to get by a rather low quality of living. Similarly, the song points out well how a huge change or reform must be taken by the government officials for any intended progress to create impact especially upon the social security and impoverished state of economy among mass communities. During this period, the global economic condition occurred to be heading towards an increased level of decline while most public officials kept their corrupt deeds as exclaimed in ‘To fight crime and hunger and poverty / ‘Cause the African baby is dyin’ overseas / While you sucker mission politicians bustin’ out Zs .. ... It is obvious that there were those poor individuals who had liberation sought by personal means, regardless whether such influence would uphold their welfare or not, just so they could overcome poverty, identity crisis, or any other related associated conflicts that seemed beyond imaginable remedy. No significant departure from this idea can be detected in the other piece of â€Å"If I Ruled the World† according to joint performances of Nas and Lauryn Hill. Apart from coincidence, one may find striking semblance between choruses as when Nas sang ‘If I ruled the world / Imagine that / I’d free all my sons, I love ‘em love ‘em baby / Black diamonds and pearls / Could it be, if you could / be mine, we’d both shine / If I ruled the world / Still livin’ for today, in / these last days and times’ in concrete detail which Kurtis shortened to ‘If I ruled the world.. Huh-huh, huh-huh / I’d love all the girls.. I love ‘em love ‘em baby!! Black diamonds and pearls.. ooh yeah / If I ruled the world’. Here, the noticeable intersection with phrases ‘black diamonds and pearls’ and ‘love ‘em’ sounds emphatic in an intention to signify unity between the Blacks and the Whites. While Kurtis Blow did not obtain much success with his musical career after the release of â€Å"The Breaks† and his biggest UK hit single due largely to being independent or labelled as an underground rapper, Nas took on his passion onto a degree that combines his rapping talent with acting. As a son of jazz musician Olu Dara, he was born and raised in the Queensbridge housing projects in New York City. He managed to attain a higher order of literacy which is very much recognizable in most of his lyrics though he actually

Cold war crisis and wars Term Paper Example | Topics and Well Written Essays - 2000 words

Cold war crisis and wars - Term Paper Example Therefore, the case of the USA was in absolute terms a paradox. In the course of defining itself as well as protecting itself from the aggression of the Nazi Germany, the other superpower that took part in the WWII, (the Soviet Union) ended up as having the biggest army in the whole globe. Just like the USA, the Soviet Union had gained a lot of muscle since the Asian and European rivals had experienced gigantic losses during the war. Politics had it that immediately after World War II, the USA would emerge to the top as the nation with the most influence and power while the Soviet Union would come in second, but the second rankers were not satisfied with this fate. The Soviet Union was ready to do anything to move to the top of every nation in the world. But to make matters even worse, they were at a relatively distant second. This is due to the fact that even if the Soviet Union had moved strides ahead in given sectors, some had lagged behind. Hundreds of thousands of people and a g ood number of towns, cities and villages had been lost during the war. Reconstruction was the main task, which the Soviet Union faced after the war, thus. Also the nation had to prove that it had legitimacy in diplomacy following years of sidelining by other close countries and that the Joseph Stalin’s government would use other means other than military power to forge ahead. Origin of the Cold War and Causes Therefore, faced with all the forces from outside, it is usually argued that USA involved itself in this war that was to be known as the Cold War. It is in the 1990s, though, that it was clear to many about the boundaries that were brought about by the cold war. It is said that the Cold War was in existence for four decades and a half. That is, from 1945 to 1990 as Gregory and Balkin say in their book. This term â€Å"Cold War† can trace its origin from the speech of financier Baruch in 1947 and this signified a time period of hostility and rivalry that was first witnessed between the Soviet Union and the US and that was an issue of hostility short of combat only. (Gregory and Balkin, 2003 p263) The other perception with regards to the origin of Cold War is as presented by King Lisa in the ‘Origins of the Cold War’ study. The author puts it that it all started with the Hiroshima bombing where the US was the nation responsible and it happened in August 1945. The city together with half of its dwellers faced the worse end. Two days following this bombing Russia made a declaration of war against Japan. The war on Japan declaration had however not started in 1945, it had all began in the 1943’s Teheran conference where the Soviet Union made a reaffirmation that it would attack Japan subsequent to the loss to Germans. In other two conferences, Potsdam’s and Yalta’s, Russia also declared their entry into war with Asia came August 9th in 1945, just after the August 6th Hiroshima bombing, another atomic bomb hit Nag asaki. Following the surrender that happened later in mid August 1945 it rendered the planned attack on Japan useless. It is noted that Joseph Stalin was not convinced by the two bombings as the usual kind of occurrences in a war but as sabotage. It was a plan by Britain and the US to use these atomic bombs to put Japan out of the war just before Russians implemented their plan. This was just before Russia had accepted taking part in the war against Japan. Also the USA’s bombings of Japan were seen as a move to ensure that Russia did not get the territory that had been taken by

Homelessness Essay Example for Free

Homelessness Essay Homelessness is defined as the situation where one has no decent place to stay mostly because they cannot afford it. Homeless families are those who lack permanent places to live in and instead have to live in shelters, motels, cars, campgrounds or with family members or friends. The extent of homelessness varies with varying factors in the US for instance the geographical location, gender and age. (Levinson D, 2004). Homelessness in the USA is a social or rather a national problem that has been increasing over the years. Giving the exact or accurate figures of homeless people in the US is a difficult task as it tends to be a temporary problem. Again, the approach used to count the homeless people is using the service providers who deal with them paving way for miscounting as not all homeless people would use such facilities. According to a research by the National Law Center on Homelessness and Poverty in 2007 there were approximately 3. 5million people in America out of which 1. 35 were children. The population affected by poverty is diverse in the sense that it incorporates single adults, adults with children as well as the homeless youth. (National Coalition for the Homeless, 2008). This paper will focus on the nature, scope and population affected by homelessness in the US; it will also highlight the possible solutions to the problem. As David in ‘Encyclopedia of homelessness’ noted one way of estimating the extent of family homelessness in the US was to establish the number of homeless people who were from homeless families. It was established that over 41% of the homeless people came from homeless families. (Levinson D, 2004). The National Coalition for the Homeless estimated that in 2003 the number of children below 18 years was 39% of the total homeless population 42% of which were children below five years of age. In terms of gender, the proportion of the males versus females varied when varying factors were put into account. For the single adults without children males were more than females at 65% but for those with children the proportion was lower at 35%. The number of homeless people with children has been increasing over the years in both the rural as well as the urban areas. (National Coalition for the Homeless, 2008). The history of homelessness in the US dates back to the period before the American Revolution and is therefore not a recent phenomenon. This was triggered by the need to seek better employment opportunities in places far from homes. The issue however came to the public domain in the 1980’s and the federal, state as well as local governments channeled finances to resolve the problem. (Rossi P, 1991). These efforts included the establishment of shelters and housing programs but the problem persisted precipitating the adoption of another model to address the issue. It became apparent that the homeless needed the provision of supportive programs and the housed ‘homeless’ would be treated as tenants in their permanent housing. (Levinson D, 2004). As various scholars have established the major cause for homelessness in the US is poverty which makes houses unaffordable to many who can barely afford the necessities of life let alone the expensive houses. (Ploeg J and Scholte E, 1997). Such people cannot afford food, health care, education and child care. Despite the fact that over the years the economy has been growing and it is expected that people’s standards would improve this has not been attained in a uniform manner. Low income earners have faced the music as their pays have remained relatively low and this situation is made worse by the fact that their jobs offer minimal or no benefits. (Burt R, 1999). Their wages have either remained stagnant or have been falling all attributed to the fact that the bargaining power of the labor unions has reduced and the value of the minimum wages eroded. Temporary or part time jobs, increased globalization and a reduction of jobs in the manufacturing sector also contribute to reduced wages. Reduced wages make housing unaffordable to many as housing costs more than the minimum wage. Proof that the reduced wages play a significant role in perpetuating homelessness in the US can be seen in the high numbers of fulltime employed worker living in shelters. (Levinson D, 2004). A reduction in federal assistance to the poor has also led to aggravated poverty rates which lead to homelessness. Programs that initially assisted the poor for instance the Food Stamps and Temporary Assistance to Needy Families have been reduced and the poor have to feel the full weight of all the costs they need to meet. (Levinson D, 2004). Lack of housing assistance programs also makes the problem of homelessness intense. Low cost housing units introduced were ineffective in realizing the intended goal of assisting the needy. Some were converted to expensive apartments and the poor were left unassisted. A stronger economy sees the prices of housing rise making them unaffordable to many poor people. Levinson D, 2004). There were also minimal house assisted units against a massive number of poor people and many had to stay on long waiting lists. As people wait to be placed on the low cost housing units they had to look for places to live in. Other factors that trigger homelessness include the lack of affordable health care which sees people with an added cost to meet. Domestic violence also leads to homelessness especially when battered unemployed women run away from their battering and bread winner husbands. Mental illness also plays a role in influencing homelessness in the US. Statistics have it that over 15% of the total homeless population suffers from some form of mental illness. Some suffer from chronic or persistent mental illnesses or disorders. (National Coalition for the Homeless, 2008). Natural calamities are also to blame for homelessness in America. A good illustration is the hurricane Katrina and Rita which saw the destruction of over 300000 homes. (Mathison S and Ross E, 2008). Since the problem of homelessness is caused by many factors, no single solution would suffice to whip it out. It is important to adopt both proactive as well as reactive approaches. Proactive measures would be geared to preventing homelessness while the reactive measures would be resolving the problem after its occurrence. It would be vital to ensure that the minimum wage is uplifted so that even the low income earners have a higher amount of money at their disposal. The government ought to renew its commitment in providing low cost housing units. Educational programs among the homeless would place them at a better position in seeking for employment opportunities in the very competitive job market. This way the vicious circle of homelessness would be reduced. The government can also adopt measures that would ensure increased job opportunities as unemployment triggers homelessness. The adoption of community based programs for instance transitional housing as well as emergency shelter only offers temporary solutions and permanent solutions are vital. Since the homeless face many problems ranging from insecurity, inadequate health food supplies and medical care facilities their provision would be effective. (Wiecha L, Dwyer T and Dunn-Strohecker, M, 1991). The government at the various levels must see to it that the homeless gain accessibility to quality health as well as enough and nutritional food. The young children especially those below five years of age must be treated with the specialty they deserve. (Backner I and Bassouk E, 1997). Appropriate strategies must also be enforced to allow those suffering from mental illnesses that can be effectively treated from home gain access to housing as they form a sizable number of the homeless population. Programs to reduce alcohol and drug abuse would also be appropriate in the eradication of homelessness in the US. (Whitt C. 1994).

What is globalisation?

What is globalisation? Introduction The emergence of globalisation in the nineteenth century has brought about a change in the world. It has resulted in the elimination and diminution of barriers between countries, in order to aid the flow of goods, services, capital and labour between these countries. There have been various debates surrounding the concept of globalisation. The opening of the markets have been said to be a way of enabling the developed countries maintain their position of supremacy over the developing and less developing countries by allowing their big multinational companies exploit the resources of these other countries and keep the profit. (Lewis 2007). In spite of this, globalization has created a lot of new opportunities and for many nations and has required them to develop partnerships and bonds throughout the world which has played an important role in the success of some nations. Aim In a speech given by Nelson Mandela at the British Museum in 2000, he said â€Å"If globalisation is to create real peace and stability across the world, it must be a process benefiting all. It must not allow the most economically and politically powerful countries to dominate and submerge the countries of the weaker and peripheral regions. It should not be allowed to drain the wealth of smaller countries towards the larger ones, or to increase inequality between richer and poorer regions.†Cited in Lewis (2007).  Ã‚   The aim of this essay is to examine the impact of globalisation on domestic construction companies, their projects and services in developing countries. What is Globalisation Diverse definitions have been given to globalisation, depending on the context in which it is being used. The world has suddenly become a global village, where boundaries are being removed and organisations are free to envisage, design, create, purchase and sell products in other countries making the world interconnected. According to (Govindarajan Gupta, 2000), globalization is defined as the increasing economic reliance that exists among countries as seen in rising traverse relationship with the flow of goods and services. Cope (1999) sees the process of globalisation as â€Å"having two inter-related dimensions: scope (or â€Å"stretching†) and intensity (or â€Å"deepening†). On the one hand, the concept of globalization defines a universal process or a set of processes which generate a multiplicity of linkages and interconnectedness which transcend the states and societies which make up the modern world system. On the other hand, globalisation also implies intensification in the levels of interaction, interconnectedness or inter-dependence between states and societies which constitute the modern world economy† The International Monetary Fund (IMF) defined globalisation, as rapid economic incorporation countries around the world by the movement of goods, services and capital across borders. In the design and construction industry, globalisation means two major things; improved competition and improved opportunity (Russell J.S, 2000). Globalisation affects every design and construction firm both domestic and foreign. Globalisation is needed in countries to improve the relationship between these countries and to improve the economic stability of these countries. Globalisation in the Construction Industry The influence of globalisation in the construction industry is beginning to emerge; this can be seen from both external and internal factors within the industry. There is an increasing need for organisations to develop new strategies and ways of getting things done, as global competition is growing. Different organisations small, large, domestic and international are all going to be affected by this new way of doing things.  Ã‚  Ã‚   According to Cheah et al (2005), globalisation is bringing about new prospects for the construction industry due to the deregulation of industries and privatization of traditionally state-owned entities needing new construction or an upgrade of existing facilities which has attracted new key players from abroad. Externally, the clients are globalising. In order to serve them better and generate repeated business, engineering and construction firms have to elevate their agendas to the international level. Fundamental changes have to be made to project management techniques in engineering and construction companies if they are too maintain their standards and are to be successful in the global market place in the 21st century. Customers will expect lower costs, shorter engineering and construction periods, lower costs, shorter engineering and construction periods, high-quality materials and equipment from manufacturers anywhere in the world and prompt attention to their needs. Kini (2000). The construction industry is an important part of the development industry within an economy, particularly in an era where the rate of u urbanisation and resources continue to reduce. The construction industry plays its role in any economy as it uses materials and resources, changes the environment and affects the lives of the people living in the society. International Construction and Globalisation in Developing Countries According to Ngowi et al (2005), International construction has been defined, as when a company which is based in one country executes work in another country. Most of these companies are from advanced countries and go to carry out work in newly industrialised countries and least developed countries. Through globalisation, many doors have been opened for international construction in developing countries. Developing countries require specialized contractors for new infrastructure and buildings which their domestic construction companies might be unable to handle or do not have enough experience in the construction of such buildings. There are various explanations why construction firms expand into international markets. Some of these reasons include inactive domestic markets, development of new markets, economical utilization of resources and the realization of new prospects brought by the global economy (Gunhan and Arditi 2005). In taking international construction into consideration, there is a need to understand the risks and threats it involves. International construction is much riskier than domestic construction. The different variables which affect the international environment are not part of the domestic markets and create risk for international construction that would never be encountered in domestic conditions (Gunhan and Arditi 2005). A critical review of international business failure was done by Gordon and Arnold (1988) and White (1990) cited in Han et al (2005 p. 284). Some reasons why international business fails were pointed out and they include the following: Failure to develop a business plan. Lack of commitment from top management in the early stages of the venture. Lack of attention to the development of strategic links in the international market place. Failure to recognize the demands of operating in a multi-cultural business environment. Failure to weigh foreign requirements with respect to their social, legal, political and governmental procedures. Construction companies therefore must set up strategies in order to compete in the international market. Gunhan and Arditi (2005) carried out a survey of executives in charge of international construction in the United States to determine the most important strengths a company must have in order fully expand their business into the international market. Track Record The past performance of any organisation hoping to diverge from the domestic market to the international market is necessary. A firm or an organisation with a good track record can easily enter the international market, due to their past experience in form of reference from all their previous works. An experienced firm has a ready solution or a cheaper solution to a technical problem since it might have come across a similar problem in the past and has found a solution for it. It has exhibited through previous performances that it has the organisational and technical experience to overcome technical challenges that may come up in the course of a construction project Quak, 1991 cited in Gunhan and Arditi (2005 p.275). Specialist Expertise For a company to succeed in the international arena there is a need for specialist expertise. This gives the company a higher advantage due to the fact they have knowledge in areas that few companies can compete with them. According to Quak, 1991 cited in Gunhan and Arditi, 2005 â€Å"specialists technologies enable smaller companies to carve a niche for themselves in the international market by competing for specialist subcontracts or as a desired consortium partner† The use of new technology would enable domestic companies find jobs in sectors where expertise in that technology is needed. Project management Capability International projects tend to be in complicated circumstances such as; multiple ownership, elaborate financial provisions and different political ideologies. These projects are more difficult to manage than domestic projects as the risk involves are often numerous and less predictable. Stallworthy and Kharbanda 1983, cited from Gunhan and Arditi, (2005 p.276) There is often the need for a project manager who can handle both the business and technical side of the project. This would give the project manager an advantage, because he will be able to solve problems in all areas of the project. Influence of Globalisation on Domestic Construction Companies in Developing Countries The concept of globalization was brought about by the need for free trade between developed and developing countries. The ideology behind this was setup by the World Trade Organisation (WTO), and this was formed from the 1986 Uruguay Agreement WTO, (2004) cited in Lewis (2007) which says that â€Å"the international trading system should be: without discrimination- a country should not discriminate between its trading partners (giving them equally ‘ most favoured-nation or MFN status); and it should not discriminate between its own and foreign products, services or nationals (giving them ‘nationals( giving them ‘national treatment); Freer- tariff and non-tariff barriers should be reduced (removed) through negotiation; Predictable foreign companies , investors and governments should be confident that trade barriers will not be raised arbitrary; market-opening commitments are ‘bound in the WTO; more competitive-‘ unfair practices such as export subsidies and dumping products at   below cost be discouraged; more beneficial for less developed countries-they should have more time to adjust, greater flexibility, and special privileges.† The purpose of this was to establish competitive markets for trade for all goods and services, including those acquired in the public sector. Globalisation has an effect on the following sectors of the domestic construction sector of the economy: Project Size The size of a project plays a major effect in selecting who the key contractors for that project are going to be. The larger the project size is, the more out of reach it is for consulting and contracting firms in developing countries. Large projects which could be broken down in to smaller projects are given as one, making it available to only large transnational companies that have the capability in terms of staff, equipments and labour to handle such projects. These projects could be broken down into smaller project such that it would be available for local firms as well as the large transnational companies. Market Access Market access, has to do with goods and services, this entails that the goods and services which are coming into any country must be treated in the same way regardless of where they are from. In the construction industry, this entitles all consultants and contractors who come from less developed countries or developing countries to have equal opportunities with large firms to the same projects in developed countries. This actually never happens. According to Lewis (2007), the large companies have higher advantage than the smaller ones; in terms of enormous physical, financial, technical and human resources that the small firms do not have the capability to have. The large firms also receive support from their home government in many areas which is not available to the smaller domestic companies from developing countries. Consequently, the local firms in developing countries tend to be doubtful about the opportunities globalisation holds for them in developed countries; this is due to the advantages the large firms have over them. Under Pricing The need for growth in developing countries has brought about an invasion of overseas contractors and consultants in to developing countries. This has a negative impact on the domestic construction companies. Lewis (2007) explains that these foreign contractors are keen to get into that region, that they may take strategic decisions to make a loss in the construction of that project just to make sure that they win the contract. The local firms do not have the available resources to compete with them on that basis and therefore loose the contract. Opportunities associated with International Construction for Domestic Companies in developing countries The emergence of the new global economy has brought about extraordinary opportunities for growth in developing countries. Hans et al (2005) explains that at national level, the amount of international construction plays a big role in the nations trade balance. They also balance the growth of their company to contribute to their security through increased global activities and so to reduce the effect of the cyclic nature of their work load. The different opportunities associated with international construction for domestic construction companies include: Increased long term profitability One of the main reasons for expanding from domestic to international construction is for the increase in the long term productivity of that company. The expansion of these companies takes place when their own domestic markets are not doing so well and there is a need to expand into other countries which offer profitable opportunities for the company. The economic state of affairs of the most important countries often affect the economic situations of many other nations and this effect actually takes a lot of time before it reaches these nations. Expanding into the international market therefore, is a good way to survive the setbacks in a country and increase the profitability of that company (Gunhan and Arditi 2005). Ability to maintain shareholders return The ability of the domestic company to maintain its shareholders return creates the need for the company to be involved in international construction. This could be very useful for the company, for instance in times of economic recession in a country there is another country in which profit is being made by that company (Gunhan and Arditi 2005). Ability to take advantage of globalization and openness of market Globalisation has given the domestic construction companies an advantage of having open markets which gives the companies a lot of benefits. This increases the competition for a project because now both domestic and foreign companies are allowed to bid for the project. Even though globalisation has increased the competition within the geographical borders of countries, it also allows access into markets which were previously inaccessible. There is a need for construction companies to recognise this change in the environment. Sillars and Kangari, 1997 cited in Gunhan and Arditi, (2005 p.279) Ability to take advantage of privatization programs in emerging economies In developing countries, the amount of capital needed to achieve the rate of market expansion needed and this is often dependent on the foreign investment available to sustain a privatization programme. Miller, 2000 cited in Gunhan and Arditi (2005). Privatization is being seen as a way of creating opportunities for construction companies to carry out projects in countries, this is for both local and foreign companies. Key areas a domestic construction company must focus on in globalization In this new era of globalisation and free market trade between nations, changes will have to be made in companies in order to keep up with the new way of doing things. The thinking process of these companies has to be changed in order to compete with other companies. The following areas need to be taking into consideration in order to be a highly successful global construction company: Organisation The organisational structure of accompany is important in achieving global excellence. There would be a need to set up a system in which work will be done faster and would meet the clients needs. Information technology systems According to Kini (2000), if there is no effective Information technology (IT) system in the company, they would only be global in their names. The information system of the company should have the capability to provide all the companys offices with real-time access to data should be designed with hard ware and software that go well together, and should use incorporated software which will provide the information to the managers when needed. This would enable accurate information to be gotten by the project manager at any time and allow fast access to the information when needed. Thinking globally There must be division of work among engineers so that the time frame of the work can be shortened and work will go on consecutively. There is a need for a variety of specialist for different areas of engineering in order to be able to review the impact of change on any area in the design. According to Kini (2000), when thinking globally, the followings things must be put into consideration to access some certain issue: Division of work: There is a need for the project manager to establish how the work is to be divided in terms of the customer requirement, the manpower and expertise needed. Subcontractors have to be selected before the design phase of the project for specialist needs of the project. Key suppliers: The key suppliers should be located within the area with low manufacturing costs and convenient transport connections. The relationship between the suppliers should be one of partnership for mutual benefit in the project. The construction plan:   The construction plan should be checked before the start of the design. The design schedule needs to be developed with reference to the construction sequence; this would be used as the source of coordinating the design at the various office locations and placing orders with suppliers. Worldwide suppliers There is a need for the use of worldwide suppliers in order to get the best price available. The utilization of the global market place would enable the company get lower rates for labour and raw materials. There would be need to ensure that theses suppliers meet the requirements of the company. The project manager would have a choice in the selection of the supplier to be used and the performance of this supplier can be monitored. Global construction The company must be familiar with local construction methods and materials used in that area. Due to the varying site conditions, the need might arise to import some materials. There is a need for the participation of the local engineering company in the project to advise the project team on the use of these local materials and also in the hiring of skilled craftsmen within the project. This is to ensure that the maximum satisfaction of the client is guaranteed when the project is completed. Quality The whole aim of going through the steps listed above is to ensure that the overall quality of the project meets the clients expectation. There is a need for all members of the project to be aware of the clients needs for the project, this would enable them know the kind of standards to be achieved in the project.   Conclusion Globalisation has brought about new opportunities for construction companies. Globalisation holds the greatest opportunity and risk for domestic construction companies. This is determined by the strategies implemented by the company in order to ensure that they are affected by the positive effects of globalisation. In the global economy, both the domestic and foreign companies have to face competition in other to be successful. There is a need for contractors to understand the risk associated with globalisation such as political, economical, cultural and legal project conditions; theses can affect the goals set by the firm when dealing with a strategic market. However, for those domestic companies who are willing to enter the international market, globalisation holds new prospects for them as long as they have identified most of the risks and put in place strategies on how these risks can be mitigated. Therefore globalisation must be embraced by both foreign and domestic companies so that they dont left behind. Bespoke Form of Contracts: A Scourge or Necessity? Bespoke Form of Contracts: A Scourge or Necessity? Chapter 1 Introduction Research Rationale The use of standard forms of contract, FIDIC Red book (Red Book Engineer/ employer designed Contractor executed) was introduced in the UAE during the late 80s and early 90s, more specifically on Dubai Municipality infrastructure projects by the Dubai Municipality, later been transformed to RTA in 2006. Ever since FIDIC based bespoke forms introduced in the UAE, it has been used extensively in the construction industry, the Red book based FIDIC forms are extensively used in different types varying from lump sum to re-measurement contracts by many large organizations. Every project is associated with risk and is inevitable and the impact is spread across the project. Whilst the intention to introduce a standard form of contract was to achieve a balance in terms of risk sharing between the parties, conversely at a later stage clients started amending the standard form of contracts to safe guard their interests. Many such bespoke versions did not achieve the intended purpose as it became one sided due to the alterations. The one sided contracts, in other words i.e. by drafting partial contracts to safe guard the employers risks and financial positions will have a tendency to impact the construction cost. If the risk is high, the cost increases proportionally (Mohamed Hartman, 2000, p 15) UAE as a country has high potential and growth compared to the neighboring Gulf countries in the recent years (2003 2008), which led to many fast track infrastructure and building projects, most of those are innovative, having ambitious aspirations to become international land marks, having the common feature of shorter durations. One of the main reasons for adopting fast track projects was to reduce the financial burdens (loans and repayment period) and to minimize the risk for escalation due to the construction boom in the region. Also in a raising market, the cost of the construction was proportional to the duration of the project as the contractors were including the risk for escalation in their bids. A few examples for such land mark projects with shorter duration captured the attention are Burj Khalifa tower, Dubai Metro, Palm Island and Dubai Mall. The multinational construction interface between the parties and culture stipulated the importance of using standard forms of construction contracts in the UAE, one of the main reasons to use standard forms of contracts are the familiarity among the parties, which has been used across many developments worldwide, even practiced at courts, assumed to be understood by parties, the risks are apportioned in a balance way and understood by even the stake holders, reduced legal and construction cost. As mentioned above, one of such standard form of contract, FIDIC 1987 4th edition red book was introduced by Dubai Municipality in early 90s with amendments to the original form (bespoke version is called as Dubai Municipality general conditions of Contract), later been followed by many public and private sector clients in UAE. Many such amendments in the creation of bespoke versions of FIDIC forms have defeated the intended purpose of achieving a balanced version of contract By the mid of 2006, many clients started using bespoke versions of new FIDIC i.e. FIDIC 99 Contracts, however there is a significant difference between these two forms (FIDIC 1999 FIDIC 1987) of contracts in many areas. Like any other place in the world, the competitions in the construction industry among the contractors are very high in UAE also. Many clients in the region, whilst using open or selective tendering (as they invite tenders from their own tender pool), before and after the current economic crisis, do have the habit of awarding the works to the lowest bidder. In order to overcome the competition in the market, the contractors at times started under quoting the works, were trying to recover through variation and claims at a later stage. This situation resulted in arguments and disputes due to the wrong interpretation of the forms of contract used by different parties, in addition, the unbalanced and void bespoke versions contributed much to these kinds of disputes. Many such disputes were revolving around the poor interpretation and understanding of the variations clauses, leading to claims and disputes on fast track projects. The intended purpose of this dissertation is to identify The essential clauses needed to administer a contract The importance of making right interpretations while using contracts An overview of the bespoke versions of contracts Research Methodology A detailed analysis of Variation clause in Nakheel Conditions of Contract ( bespoke FIDIC 1987) and the possible interpretations by various parties to the contract, briefly stating the difference between 1999 1987 based forms clauses that relates to variation and varied work clauses. Identify the potential difference between the two bespoke versions i.e. FIDIC 1999 1987 4th edition Nakheel Conditions of Contract on major clauses. A case study on a dispute from ALDARs Conditions of Contract (bespoke of FIDIC 1999) on variations while using the bespoke versions of contract Proposed study chapters The intended study focus on the meaning of construction contracts, their existence and the different forms of contracts. The literature review is covered in the first four Chapters, Chapter 2 covers the use of different forms of FIDIC contracts, including a brief history of their start in the UAE, Chapter 3 focus on the essential clauses needed for the administration of any forms of Construction contracts, Chapter 4 an analysis of Nakheels conditions of contract (bespoke FIDIC 1987 4th edition) variation clause, the possible interpretations by different parties to the Contract, Chapter 5 a comparison between Two bespoke forms of Nakheels Conditions of contract (FIDIC 99 and FIDIC 87 4th edition) on major clauses, Chapter 6 a survey to identify whether the employers achieved the intended purpose by using bespoke versions, Chapter 7 analysis of the data collected ,chapter 8 recommendation. An overview of the construction Contracts Construction contracts are generally classified as Oral (when the act will not apply) or written (if the other criteria are met, the act applies). The form of written contracts are again classified into i. A simple exchange of correspondences; ii. A tailor made written agreement; iii. A standard form such as JCT,Fidic etc; iv. Standard terms and conditions of the business. Contract in broader term is defined or expressed as conformity between two or more person i.e individuals, businesses, organizations or government agencies to carryout, or to abstain from doing things in exchange for something of value. Contracts can be oral or written, using formal or informal terms. If one party to the contract fails to live up to its part of the bargain, there shall be a breach and certain remedies for solving this is available. The expressions of the contract who, what, where, when, and how of the contract describe the binding promises of each party to the contract. In other words the significance of the agreement becomes important only when a breach occurs by the counterpart and it becomes necessary to protect the right of the other party (http://law.freeadvice.com/general_practice/contract_law/contract_agreement.htm) and the breach of contract is recognized by the common law and the remedies are available as well. On the other hand, the strongest contract, in terms of enforceability, shall have an offer, acceptance with considerations for the exchange, the terms of such an agreement shall be without ambiguity, and is signed by the parties to the contract who has the proper capacity to enter into the contract. Weaker contracts can be classified as verbal agreements or contracts agreed by parties in direct violation of state or federal laws of the country. There are several aspects related to valid contracts; in fact, an entire course in law school is often devoted to contract law (http://www.wisegeek.com/what-is-a-contract.htm). John Adriaanse (2007) quoting Lord Diplock who classified construction contract as â€Å" the sale of goods, work and labor for a lump sum price payable by installments as the goods are delivered and the work done. Decisions have to be made from time to time about such essential matters as the marking of variation orders, the expenditure of provisional and prime cost sums and the extension of time for carrying out the work under the contract†. He also stated that â€Å"a construction contract is best described as a complex web of competing interests†. At the same time Charles.S. Philip (1999) defining contracts as â€Å"binding agreement between two or more persons or parties construction contracts are defined as agreements, oral or written, executed between Clients and Contractors for construction / maintenance work done for compensation†. In another definition â€Å"we must understand that a construction contract is merely a set of criteria, or expectations, t hat bind the contracting parties† (Gilbreath, 1992) The basic elements of a contract are an offer, acceptance of the offer with considerations. This can even be described as concurrence of wills or ad idem or meeting of the minds of two or more parties (http://www.alway-associates.co.uk/legal-update/article.asp?id=165).Consideration, on the other hand, makes sure that e that something is exchanged. In certain situations, the law requires the consideration to be adequate, which is, a relatively reasonable price, or ostensible, where even a Dirham will do. Contracts may or may not be enforceable by law. The good example is; the agreement between the parent and child cannot be enforceable by law whereas the agreement for a loan probably enforceable by law. On the other hand whether a contract is enforceable by law or not depends on many factors, the primary and most important factor being whether the parties to contract anticipated / intended the contract to be legally enforceable or not. Most of the construction contracts are bilateral contracts, some cases the unilateral contracts becomes bilateral with considerations. Contracts can be bilateral or unilateral. In a bilateral contract, each part makes promise or promises to the other party. A good example is while selling a home, the buyer promises to pay the seller AED 1 Million in return the seller agree / promise to deliver the title of such property. Where as in a unilateral contract only one party to the contract make the promise. A good example is the reward contract. X promise to pay a reward to Y if Y find Xs stolen car. Here Y is not obliged to find Xs stolen car, but X is obliged to pay the reward to Y only if Y finds Xs car. The consideration for the agreement is Ys trust on Xs promise or Y giving up his legal right to anything he wanted at the time he was in the process of finding of the car. Here, conditions precedent to Xs obligation to pay is the finding of the car, although this is not a legal condition precedent as technically no binding contract has arisen until the time car is found (because Y hasnt agreed / accepted Xs offer until he find the car, referring back to the basis of contract as it requires offer, acceptance and considerations), the terminology â€Å"condition precedent† is used in contract law to establish a condition of promise in an agreement. For example, If Y has promised to X to find the car, and X has promised to pay Y when the car was found, Xs offer has been considered as a condition attached to it, and an offer and acceptance have been occurred. This is an incident in which a condition precedent attached to a bilateral contract. In the construction industry, the significance of having a balanced contract agreement has become essential to avoid disputes and to facilitate a smooth administration during the construction period. According to Lord Lathams report 1994, â€Å"constructing the team†, construction is a very unique process, the construction industry is different than the manufacturing and other industries, each project is unique with its nature and conditions, having heterogeneous conditions and situations, however definition of Latham for contracts not limited here, but include the design activities, advise and other legislations (Adriaanse 2007) which specify many details that a construction contract should take care of. Chapter 2 The Importance of using Standard forms of Contract 2.1 Introduction The adversarial nature ([Cheung et al., 2006] and [Cheung and Yiu, 2007]) and inborn risks (El-Sayegh, 2008) of the construction industry contributes to the speedy developments of construction disputes. Construction disputes are originated by many sources (Cheng et al., 2009). One of the main sources is the lack of understanding on the Contracts. Deprived interpretation and poor understanding of the construction contracts make the contracts clauses ([Broome and Hayes, 1997], [Cutts, 2004] and [Styllis, 2005]) and legalese ([Cutts, 2004] and [Candlin et al., 2002]), which results in differences between the parties to the contract on their legal rights and responsibilities. It is to be noted that this statement is justified in a study conducted by Mohamad and Zulkifli (2006), where majority of the contractors reported about the problems in understanding the contract documents. It is to be concluded that contractors need to be well versed in the interpretation and understanding of claus es stated in contracts. Dispute resolution methods at the early stages of disputes are the soft-skill resolution technique, i.e. avoidance (White, 2002), which offers a practical approach to prevent the predictability of conflicts that may occur in a project by understanding the form of contract used. The main objective of dispute avoidance technique is to promote teamwork and to create a harmonious atmosphere (Cheung, 1999). Thus, a proper appreciation of the construction contracts to the stakeholders will prevent a dispute from rotting, although a total elimination may be impossible. The importance of this chapter is to make a improved insight into the need for clarity of contract documents. Furthermore, it will assist contract drafters and experts review and clarify the clauses of the contract form in an understanding way to the parties. After the parties understand and consent to the clauses stated in the contract, the parties would recognize their obligations and contractual rights as required in the contract. 2.2 The need for contract clarity The need for this research comes up out of many conflicts identified in the construction industry due to the usage of different versions of contracts with amendments. A good example is, the senior officials of a leading developer in Dubai alleged that false ceiling collapsed and burst the pipes above the false ceiling at the buildings were related to the supervision problem and lack of access to the project site by the engineers (Developer Eyes ‘supervision authority2007). The engineers were not allowed on site due to some health and safety construction complications at certain times. This resulted inadequate supervision for the works. The problem heated up although the standard contract form clearly points out that the engineer, as being responsible for the overall supervision and direction of the project. Additionally, the Engineers representatives had the right of access to the works and construction site of the contractor (Clause 23 of bespoke Form). An explanation for this dispute was, contractor misinterpreted the conditions of contract and also failed to understand the legal obligations outlined in the contract. Thus, the question of clarity of contract conditions in the contract must be resolved. In addition, the court usually try to find out the intentions of contracting parties using plain, ordinary and popular meanings of the words. Scott vs Wawanesa Mutual Insurance Company brought out the clarity issue to the court attention (1994). The judge held that if the language of an insurance contract is ambiguous, the contra proferentem doctrine applies, that is the rule against the party who impose the inclusion of the ambiguous clause in the contract. On the other hand, if the wordings are unambiguous, the courts would not give any different meaning from what is expressed in its clear terms, unless the contract is highly unfair or hold an effect contrary to the intention of the parties (Duhaime, 2007 Duhaime, L., 2007. Part 7: interpretation of previous termcontracts.next term Duhaime Law, Victoria, Retrieved 22 May 2008, from .Duhaime, 2007). Thus, clarity of contract clauses is very important for the construction industry too. This shows the importance of understanding the c ontract by the contracting parties. Besides, the legalese takes place in the contract. The use of highly formal and technical language in legal documents disturbs interpretation (Feinman, 2003). Legal drafters made most damage by shrouding the mysteries of contracts with complex language and technical legal terms (Cutts, 2004). The deficiencies of legalese are mainly due to the unnecessary length and complexity. Sometimes, there are more serious errors that go unnoticed (Hill, 2001) because the interpretation of the contract clause was not actually written or interpreted in the contract (Thomas et al., 1994). Legalese would result the contracting parties fail to appreciate the contractual rights and obligations in a project (Semple et al., 1994). In the end, it shatters the working atmosphere of the project (Wang and Yang, 2005), resulting claims and delay to the project delivery. 2.3. Understanding the importance of standard form Construction contracts are well written agreements duly signed by the parties to the contract to define their contractual positions, relationships and obligations (Zaghloul and Hartman, 2003). The conditions of the contract are critical to ensure that the parties are put up by rules and regulations (Semple et al., 1994). The reduced understanding of the construction contract usually lead to construction disputes, as highlighted by many researches such as ([Thomas et al., 1994], [Semple et al., 1994], [Broome and Hayes, 1997] and [Mohamad and Zulkifli, 2006]). It is simply because of the reason that the parties could not achieve their contractual expectations (Harmon, 2003). Dubai Municipalitys be spoke forms of contract was followed and amended by various developers in the UAE industry. The origin of the contract can be traced to FIDIC Red Book 1987 standard form of contract. It had several amendments and revisions over the years by many developers and private sector clients in the UAE. The latest version of this form of contract was formulated in 2001 (Dr.Sam, 2004). The old-fashioned language used in it makes it difficult to understand and make the right interpretations. This is mainly due to lack of clarity and use of legalese in the contract clauses. Table 1 and Table 2 give a summary of clarity and legalese problems identified in the contract clauses of this Form. 2.4 History of FIDIC and other Standard forms of Contracts used in UAE Industry The most brilliant designs for any civil engineering or building project would remain in the documents and paper unless turned into reality by operations. This transaction process requires i.e. from the design to the reality requires the selection of the contract that reflects the aspirations of the parties as well as the demands of the successful project. The essential skills required for a Contract Administrator is the selection and management of proper form of contract and for each project, both the key criteria needed to be considered and risks should be identified and allocated, before the selection of the proper form of contract. This can be done from a range of standard forms of contract. In the UAE, the FIDIC form of contract (red book) was introduced in the early 90s for the infrastructure projects by Dubai Municipality, later been followed by many major clients such as Emmar, Nakheel and Damac. The standard form of contract identifies the roles and responsibilities of the parties, their agrents and provides rules to protect direct parties from doing wrong. The selection of the form of contracts depends on various criteria such as the responsibility and position of the parties involved in the contract. For example, factors such as , magnitude and nature of the works, procurement method (Lump sum, Measurement, Cost reimbursement), Design responsibility ( whether by the Employer, Part by the contractor or fully by the Contractor), roles and relationships (Client, Contractor, Design team and Specialists), the type of cost control document used (such as bill of quantities, schedule of rates, priced specification or contract sum analysis),Payment method (stage, time rela ted, turnkey) and Time (Open, fixed, acceleration and Damages). (Martin Brook, third edition, p 33-44) The various such forms of contracts available are JCT written by the Joint Contract Tribunal, NEC New engineering contract, a form recommended by Michal Lathams report (1994) for the use of both public and private sector clients because of its flexibility and written in simple English, ICE provided by the Institution of Civil Engineers, GC/Works/1 for Government Contracts, ACA Project Partnering Contract- PPC 2000, FIDIC..etc. A brief history of the FIDIC form of contract along with available forms are described below as the dissertation is focused on the FIDIC, the most commonly used for both building and Civil Engineering projects in the UAE. The Fà ©dà ©ration Internationale des Ingà ©nieurs-Conseils (â€Å"FIDIC†) organisation was founded in 1913 by France, Belgium and Switzerland. The UK joined only in 1949. The first edition of the Conditions of Contract (International) for Works of Civil Engineering Construction was published in August 1957 having been prepared on behalf of FIDIC and the Fà ©dà ©ration Internationale des Bà ¢timent et des Travaux Publics (FIBTP). The form of the early FIDIC contracts was prepared in line with the fourth edition of the ICE Conditions of contract. One difference with the initially published FIDIC contract was that they were based on the design being provided by the Employer or his Engineer to the Contractor. It therefore became best suited for various civil engineering as well as to various types of infrastructure projects such as roads, bridges, dams, tunnels and utility works such as water, sewerage etc. At the same time it was not so suited for contracts having major items of plant that were manufactured away from site. This led to thought of having the â€Å"Yellow Book† (the traditional one is known as the â€Å"Red Book† it was called as Red book because of the red color of the cover page) published in 1963 by FIDIC for mechanical and electrical works. This had the provisions for testing and commissioning which was more appropriate for the manufacture and installation of plant. The revised (second edition) was published in 1980. The revised editions of both Red book and yellow books FIDIC was published in 1987. A most important feature of the revised edition of Red Book (or â€Å"Old Red Book†)was provision for the Engineer to act impartially while giving a decision or in any action which affect the rights and obligations of the parties, whereas the previous versions assumed this implicitly. Although this talk concentrates on the new FIDIC forms, it should be remembered that the Old Red Book remains the contract of choice throughout much of the Middle East, particularly the UAE. A new form of contract was published (known as the â€Å"Orange Book†) in 1995 for the use on projects procured as design and build or turnkey, dispensing with the Engineer, providing for an â€Å"Employers Representative† who, while determining the value, costs or extensions of times need to: â€Å"determine the matter fairly, reasonably and in accordance with the Contract†. However, in 1999 FIDIC published new versions of the Red and Yellow books together with a Green and silver Books called as the short form of contract and turnkey contracts respectively. One of the significant differences between the 1999 edition and 1987 4th edition was the arguably diminishing role of the Engineer; a fair interpretation is making the Engineer as an assistant to the Employer. The other differences between these two versions will be discussed in the following chapters of this dissertation. Chapter 3 3.1 The important clauses and terminologies needed contract administration and a comparison with the bespoke version selected for the dissertation work During the process of making bespoke versions of contracts by amending the articles of the standard forms shall be done with extreme care as they run the risk of damaging the consistency as well as the integrity of the contract and the other contract related documents. Most of the standard conditions of contracts are developed over many years and been highly complex to deal with the unforeseen problems and legal decisions including statute law and an ever changing world. The contract must state clearly the documents that are having the status of the contractual documents, following are the documents that shall be considered as the contract documents. i. The signed agreement ii. Tender iii. General and particular conditions of contract iv. Drawings v. Bills of Quantities vi. Specification vii. Schedules viii. Program There are certain clauses required in the contract to facilitate the smooth administration of any contracts. The following are the commonly found and essential clauses required in construction contracts between the employer and the contractor irrespective of the forms and types of contracts. A detailed analysis with its importance is analyzed in this chapter for the dissertation purpose. Possession the date by which the employer shall provide possession to the contractor of the site to enable the work to begin, In FIDIC 1987, the commencement of work is described under the clause 41.1. The commencement shall be given with in the period agreed in the appendix to tender and failure to provide possession to the site within a reasonable time is interpretted as the breach from the employer.(CEM course material, Construction Law, chapter..). Under FIDIC 1987, the employer will, with the Engineers notice to commence the works, give to the Contractor the possession of the site (E.C Corbett, FIDIC 4th Legal Guide, p 238-239). Failure to give possession is dealt under clause 42.1, under such circumstances, the Engineer shall, after due consultation with Employer and Contractor determine Contractors entitlement for extension of time and also the associated cost, which shall be added to the Contract price, notify the Contractor with copy to the Employer (E.C Corbett, FIDIC 4th Legal Guide, p 238-239). Hence this clause is essential while drafting an agreement or contract for the administration. Completion The date, by which the contractor shall have the obligation to finish the work, this can be extended under various provisions if the employer or his contract administrator / engineer grant extension of time. Under FIDIC 1987, upon substantial completion of the work, the Contractor serve notice to the Engineer with copy to the Employer for the taking over certificate, and if the work in the view of the Engineer is substantially completed, issue a taking over certificate with in 21days. This is a very essential clause in any form of contract as in the absence of a completion date in the contract; the contractor shall be required to finish the work only within a reasonable time(ref: John Uff..). Non completion this clause shall deal with the situations when the contractor fails to complete the work by the agreed completion date or the extended completion date. If the work is not completed within the specified time, due to any reasons that the contractor is not liable or any concurrent delays, the contractor get the benefit of having an extension time with associated costs. However for Contractors own delay, the contractor shall not be entitled for the entitled for any extension of time, the remedy available in the contract is to make payment to the employer as liquidated damages or penalty as mentioned in the contract. Hence it is very essential to have a non-completion clause in agreements and contracts. Liquidated damages / Penalty Liquidated damages are usually amount is fixed and genuine pre-estimate of the loss in cases of breach, easy to calculate on building or commercial projects, however not easy on infrastructure projects. Whereas penalty is also a fixed amount, the contractor needs to pay this if a breach occurs. However in UAE, the term penalty is applicable as the same is followed in civil court. Whereas, under the English Law, Liquidated damages are applicable, if the sum mentioned in the appendix to tender is penalty and not the liquidated damages, the Contractor under the English law can challenge it, however under the UAE Law Civil code, Article,.. the penalty is applicable. Most of the Countries penalties are not acceptable. Refer, for example, a few leading cases on penalties, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915] AC 79, 86-87, where the House of Lords recognized the principles on how to decide a damage clause that is actually a penalty and thereby unenforceable. â€Å" This case was cited by the High Court of Australia in Ringrow Pty Ltd v BP Australia Pty Ltd [2005] HCA 71, section 12, and by the Supreme Court of Ireland in ODonnell v Truck and Machinery Sales Limited 1998 4 IR 191. The Supreme Court of Canada has adapted a similar approach in Elsley v. J.G. Collins Ins Agencies, [1978] 2 S.C.R. 916, 946, and does not allow for any recov ­ery of an amount exceeding the actual damage† (J.Frank McKenna (2008) Critical Path. Reed Smith, p1-6). Hence this clause is essential in a contract or agreement. Defects liability- The defects are to be rectified with the period mentioned in the contract. Failure to rectify the defects within a reasonable time will enable the employer to engage a third party to do the work and deduct the amount from the contract sum. Under FIDIC 4th edition, clause 62 deals with the defects liability period. The issuance of the defects liability certificates signals the completion of the Contract and under FIDIC form, such a certificate shall be issued within 28days from the completion of Defects liability period, in both forms of FIDIC 99 as well as in 87 including the bespoke versions, the defects liability period shall not be extended beyond 2 years from the taking over certificate (E.C Corbett, FIDIC 4th Legal Guide, p391-392). Variations any variations should be authorized by the employer before the contractor is entitled for the payment. Variations are common to traditional procurement path than the Design and Build system (Ashworth, 1998). In construction due to the complexity of construction works it is almost impossible to complete a project without changes to the plans or the construction process itself however good and the complete the design details are at the start of the project. Baxendale and Schofield (1996) define variation as any change to the basis on which the original contract was signed. Construction plans are formed form of designs, drawings, quantities and specifications earmarked for a specific construction site and Variations are imminent in any construction project due to various reasons from finance, design, aesthetic, geotechnical, geological, weather conditions to feasibility of construction. Hence it is essential to have a provision to instruct and ev