court found that the delays occasioned by the owner and the contractor prevented either the owner or the contractor from recovery damages. Half a century later, in Shook v. Dozier, the court summarized the then-current law as: “Courts cannot know of these conditions as they actually existed at the time, and the evidence would be very unsatisfactory, taken months after, that would attempt to set forth all such conditions. Therefore courts have laid down the very salutary rule to the effect that they will not attempt to apportion delays where the causes have been mutual, but will refuse under such circumstances to enforce the penalty.” 59
The first objective of this paper was to review the current legal position on concurrent delay in common law jurisdictions such as England and Wales in comparison to the legal position within the UAE. It is concluded from the considerations above that the recent decision in the Walter Lilly case has provided a clearer picture on how the courts will determine liability in the case of concurrent delay, and that the previous Scottish decision in the City Inn case is not applicable under EnglishLaw.
The judgment by Mr Justice Dyson aligned with the judgment in Peak, which ensured that a contractor is not exposed to damages during a period that the employer was also preventing the completion of the works. However, Malmaison does not go on to provide a resolution as to whether the contractor is entitled to costs in such a scenario. It is however to be noted that Mr Justice Dyson accepted an agreed position between the parties, therefore it is not entirely clear if his decision reflected his own opinions on the matter of concurrent delay. It is also unclear if he considered how the approach aligned with the express terms of contract. The decision by the English courts in Malmaison was soon followed by the case of Royal Brompton Hospital NHS Trust v Hammond and Others (No. 7) 22 ; within which Judge Seymour
Practitioners and their clients should undoubtedly benefit from this effort to elevate substance over procedure. In addition, from the standpoint of the courts, any protocol that offers clarity and transparency will likely be applauded. It is uncertain, however, whether the AACE Recommended Practice will assist practitioners in overcoming many of the challenges presented by the existing body of case law related to concurrent delay. This body of law is both substantial and, in several respects, inconsistent, as the parties and judges involved in nearly every delay dispute seem to have differing views as to which delays are concurrent and how any such concurrent delays should impact the outcome of the dispute. While courts uniformly seem to agree upon the basic rules of concurrency, the uneven application of these rules to recurring fact patterns has given rise to inconsistent precedent and thus a lack of predictable guidance for parties seeking to avoid future disputes.
COMPUTATIONAL ANALYSIS OF PREDICATIONAL STRUCTURES IN ENGLISH COMPUTATIONAL ANALYSIS OF PREDICATIONAL STRUCTURES IN ENGLISH V Henry Kucera Brown University Providence, R I , U S A Summary The results[.]
The ILC and the Reconstruction of U S Banking SMU Law Review Volume 63 | Issue 4 Article 3 2010 The ILC and the Reconstruction of U S Banking Mehrsa Baradaran Follow this and additional works at https[.]
00001t tif N a r r a t in g Id e n t it y a n d T e r r it o r ia l it y T h e Ca se s o f t h e U S M e x ic o a n d U S C a n a d a B o r d e r l a n d s Jason MacGregor Ackleson London School of Ec[.]
We used data from Childbirth Connection’s Listening to Mothers III survey: a nationally representative survey of 2400 women who gave birth in U.S. hospitals in 2011 and 2012 . This was an online survey of women aged 18–45 who had given birth between July 1, 2011 and June 30, 2012 and who could complete the survey in English. Participants took the survey between October and December 2012. Women who completed the survey were re-contacted and invited to complete a follow-up survey between January 29, 2013 and April 15, 2013. Al- most half of the women (1072 or 45%) completed this follow-up survey, which included open-ended questions about their pregnancy and birth experiences and ques- tions asking in what hospital, city, and state they gave birth. We analyzed data from this follow-up survey be- cause it includes the geographic location of the women’s birth. Although the post-partum dataset is weighted to make the data representative of the national population of English-speaking women aged 18–45 who gave birth to a singleton baby in hospitals in 2011 and 2012, we do not use the weight due to deletion of 138 women from the dataset because they did not provide the hospital, city, and/or state of the birth. For the quantitative ana- lysis, we drop cases list-wise to allow for the most data to be used in each analysis. In order to provide a greater number and variety of experiences to analyze for the qualitative data, we analyze responses from women who provided information for hospital location and ethnicity, even if they did not provide information for educational attainment and/or insurance status.
Countability and Number in Japanese to English Machine Translation Countability and Number in Japanese to English Machine Translation F r a n c i s B o n d , K e n t a r o O g u r a , S a t o r u I k[.]
U S Taxation of Nonresident Aliens and Foreign Corporations A Strategy for the International Capital Market Game SMU Law Review Volume 42 | Issue 3 Article 5 1988 U S Taxation of Nonresident Aliens an[.]
Does fiscal discipline restrain government from increasing its budget size? To answer this question, this paper investigates whether Wagner’s law is satisfied for two types of states: U.S. states, in which fiscal sovereignty is established, and German states, in which fiscal transfer dependence is high and budget constraints are softened. In U.S. states, we demonstrate that Wagner’s law is validated, while some of the balanced budget requirements weaken the validity of the law. In German states, we find an “inverse” law, especially after the bailouts of Bremen and Saarland. The “inverse” law is a new channel of growth in government size, and means that soft budget constraints cause significant negative correlation between government size and output. These results are robust regardless of whether intergovernmental fiscal transfers are taken into account, while they quantitatively change the validity of the law. Our findings imply that the characteristics of fiscal discipline are prime determinants of the channel and degree of growth in government size.
not subscribing to the CAP testing service. For 1991, the CAP survey showed that 42% of 1,029 responding hospital labora- tories processed 1 to 50 specimens per month in 1991 (12); in comparison, 31% of the hospitals responding to our 1991 sur- vey performed primary culture on 1 to 500 specimens per year. It is vital that optimal laboratory methods be used at state health department (8, 11) and other reference laboratories. However, total specimen volume during 1991 was estimated to be higher among all 2,841 U.S. hospitals with $ 100 beds than among state laboratories for primary cultures performed (2,110,742 versus 386,400, respectively) and M. tuberculosis isolates identified (39,874 versus 27,225). Multiple isolates may be identified from a given patient, so the estimated number of isolates exceeds the 26,283 cases of tuberculosis reported in 1991 (4). These figures emphasize the importance of optimiz- ing laboratory methods at hospital as well as at reference laboratories.
adopt in the context of international business . The Plain English Campaign (PEC), established in 1979 and based on the principle of everyone having access to clear and concise information, helped many government departments and other official organisations with their documents, reports and publications . Today the campaign got wide popularity within the special web- platform offering a large number of commercial services on editing English texts. The concept of Minimal English was introduced by Anna Wierzbicka in 2014 to denote a radically reduced ‘Mini-English’ – an inter- language, a global means for discussions and information exchange [11: 194]. Cliff Goddard points to cross-translatability as a key distinction between 250 words of Minimal English and all the rest simple English models .
The econometric analysis presented in this paper confirms the earlier analysis of Globerman and Storer (2008) and provides empirical support to back up the many complaints made that there has been a “thickening of the border” after 9/11. It estimates that Canadian exports of goods, excluding energy and forestry products, to the United States have been 12.5 per cent lower than would have been expected based on estimated relationships. It should be noted that this is substantial negative impact on exports even in comparison with the likely positive impact of the FTA/NAFTA, which, even though it reduced non-tariff barriers, only