The CRC research indicates that risk averse contracts which attempt to transfer risk of matters within the control or influence of the party transferring the risk are entirely counter productive and lead directly and indirectly to project inefficiency, delays, costs, quality issues and disputes; and that that it is preferable that clients remain engaged with risk management throughout the life of the project 3 . However, even on the best
There is often a perceived gap between the principles of contract law as stated in textbooks and the business realities of how contracts are entered into and projects managed and delivered. The authors of IT Contracts and DisputeManagement: a Practitioner’s Guide to the Project Lifecycle effectively and impressively bridge that gap. It contains a detailed exposition of how the law – or, more accurately, the law in England and Wales – applies in reality to the management of a technology project, from the very early stages of its development, right through to issues such as litigation and disputemanagement. The book’s core strengths are its ability to weave legal principles into a practical context, and its identification of steps which can be taken in the management of an IT project to avoid disputes. The preface to this text explains that it was “conceived through painful professional experience”, but it should go far in helping others learn from this experience.
largest economic segment in industry sector after agriculture, as it is one of the forces for driving the development of nations of the world. A contract agreement is mandatory in all construction projects, it sets forth the parties obligation to each other and determines how risks will be shared or divided on the project. In India most of the construction projects are delayed due to tendering and contractual issues. On an average around 26 percent of construction projects are failed or delayed due to risks in construction contracts. There is no proper framework for managing risks in contracts. The disputes between the owners and contractors due to contractual issues, can be solved through ADR(Alternate Dispute Resolutions)systems but it is noted that solutions given through the ADR systems are facing difficulty in courts and typically take many years to settle. The aim of this paper is to study and identify the major risk factors in construction contracts of Government projects, private projects and PPP projects and they are ranked according to their critical nature. These risks can be managed by the suitable risk management techniques.
In practice, many contractors are reluctant to commit themselves until they see how the situation develops. Many consultants and employers also prefer to postpone any decisions for as long as possible. These attitudes are against the contract procedures and the principles of dispute avoidance Contracts always emphasize the need for written notices, whereas it would be preferable to encourage the culture of negotiation, rather than conflict. All contracts, including contractor‟s design and managementcontracts contain similar provisions and basic procedures. It is essential to ensure that the contractor gives the employer every opportunity to resolve the problems as quickly as possible and to mitigate the consequences of the initial problem, but this should only be a part of the requirements.
profiles). The tool then plots the outcomes of all of the ‘runs’ showing how often any given value was achieved. From this plot you can work out the probability of any cost or duration being achieved. Monte Carlo deals with all of the issues such as the fact that most outcomes for any one of the events are more likely to be nearer to the most likely than at an extreme outlier; but occasionally you will get very high (or very low) outcomes across all of the items being considered. In project management Triangular or Beta distributions are typically used because there is a lot more things that can go wrong than are likely to go right (Normal distribution assumes an equal probability of plusses or minuses).
• Personality is the icing on the cake – the right personal attributes will make achieving the desired outcomes easier for the project manager to achieve. Personality and behavioural competence are likely to be closely linked but do have quite different perspectives. However, personality alone is useless; if the underpinning project management competencies do not exist then personality is irrelevant.
The military doctrine of ‘command and control’ heavily influenced the structural approach to management 10 characterised as ‘Scientific Management’ and the works of Taylor (1911). Scientific management assumes, amongst other things, that ‘supervision must be achieved through a clear chain of command and through the application of impersonal rules’ and that ‘only those at the top have the capacity and opportunity to direct the enterprise’. This philosophy has strongly influenced the development of project management 11 but is
The concept of the Hero PM 27 who as a highly skilled practitioner could create project success almost singlehandedly is rapidly fading. In the second decade of the 21st century successful PMs will display 5th Level Leadership 28 , attuned to the needs of the team as well as the power structures of the organisation. Successful PMs will combine the traits of effective leadership described in the first part of this White Paper with competent project management defined in documents such as the PMBOK® Guide.
Generally, the scale of these disputes shows that for a majority of groups seeking to redress injustices or inequalities in land distribution and use, conflict is an inherent feature of their struggle for change, and the means that can provide the leverage needed to assert their claims. The protracted nature of some of these land disputes is also an indication of an apparent defect in the existing arrangement for redressing grievances over land rights. In Ghana, dispute settlement - including land dispute settlement – has become the preserve of the law courts. This is because the law courts are constitutionally endowed with the power to apply all the rules of law recognized in Ghana, whether customary, common law or statute (Crook, 2004). Though the majority of land disputes occur in the customary land sector, traditional authorities and traditional modes of dispute settlement have largely been relegated, even though their existence is guaranteed by constitutional provisions. Their functions are confined to religious and cultural observances in their respective communities, and to arbitrating in minor infractions. This is in spite of a backdrop of a dominant socio-political role played by traditional authorities at various times in Ghana’s history (see for example Evans-Pritchard, 1940; Gluckman, 1955; Tait, 1958).
It will include technocrats that approve of proper water management policies. It will pull back the conflict to a scientific level, which will pose many challenges. The team must convince Turkey that keeping the quantity of water shares on its soil that the GAP project requires would further increase the risk of earthquakes in the al- ready geologically unstable region. This reality poses a big challenge for Turkey’s national security. The ulti- mate objectives for this team will be to:
According to Brand et al. (1997) it is almost axiomatic that the ideal labour resolution system should be free, or, at the very least, inexpensive. The practice direction number 1 of 2014 requires that a party who lodges an appeal or application before the Labour Court to deposit with the sheriff as security of services of all notices of set down of matters, if one does not pay the costs, the appeal or application will be deemed to have been abandoned and shall not be set down for hearing. The research observed that the practice direction number 1 of 2014 had sharply contradicted with what ideal labour dispute should be like-free. It has gone against the principle of the State in dispensing equity as was stated in the case of Marcussen and Cocksedge vs. Dzikiti LC/H/53/05, where Hove P said that the Labour Court was created “to dispense simple, cheap and industrial justice….” While the court needs money to run its administrative business, it should balance their needs and the plight of the employees taking into cognizance the fact that there are out of employment.
Both the atrazine 50% WP and standards ametryn 80% WP did not show any significant influence on the population of total bacteria in rhizosphere of kharif sugarcane at initial stage though after the application of the chemicals, significant variations were found between the treated and non treated plots. The population of total bacteria decreased up to 60 DAA as compared to the observation before spraying and then increased for herbicidal treatments. Twice hand weeding and control recorded steady but very slow increase of the population (Fig.1). At harvest, herbicidal treatments recorded 0.19 to 32.16 % higher population of total bacteria than control. The decrease in the population up to different dates was due to competitive influence and the toxic effect as well as different persistence periods of different chemical herbicides in different soil ecosystems. On the other hand, the increase was affected by the commensalic or proto-cooperative influence of various micro-organisms on total bacteria in the rhizosphere of sugarcane. For all the cases of herbicidal treatments, total bacteria recovered from initial loss and exceeded than initial counts (Ghosh et al. 2012).
The naming of a dispute (the case reason) displays the constructed and conceptual- ized facts and the source of facts obtained from explanations in daily legal practice. The interpretation right is inconsistent with the determination right of case reasons. With the help from the power of language, having a broader set of instances for when certain case reasoning apply can be an important approach to court and dispute man- agement. In local courts, insufficient legal sense, legal knowledge, lawsuit ability, and experience leads to difficulty in identifying and choosing an appropriate case reason. Then case-filing judges ’ explanations of case reasons can exert a strong influence on plaintiffs. On the one hand, judges need to provide the necessary guidance and explana- tions to plaintiffs according to the spirit of “justice for people”. On the other hand, legal practice requires that plaintiffs’ right to bring a lawsuit be respected. In order to meet the format of case reasoning, adjusting case reasons is reflected as follows: plaintiffs advance disputes to courts and ask for legal solutions; but whether or not disputes are suitable for legal solutions or can be tried must be understood within the system of legal concepts and rules. Disputes are converted to cases after being defined and named. To describe this internal-filtering process, this work adopts the analogy of wine filtering and adulteration. After legal filtering and adulteration, disputes are modified to accommodate legal demands.
The reasons for proposing a contract may include a continuous intent of the provider to make available an initial set of terms to form a contract. Another reason is when a client wishes to have specific business terms. The initial set of terms in general has an established pattern that fits within transactional rules for Web Service. The set of terms with rules is the draft contract. Draft contract is a template for contracts. The draft contract is available for download from the server, named here as Broker. The Broker plays the role of manager of contracts. The Broker is used for verification and publication of services related to contracts.
Contracts in which single entities provide integrated engineering, procurement, construction, operations, routine maintenance, repair and replacement services to deliver and run new facilities and infrastructure may have first come into existence in the 1980s, and possi- bly much earlier if one includes public-private partner- ships for public utility infrastructure which date back to the late nineteenth century. Companies specializing in one or more of the above services usually must form consortia to meet the wide scope of responsibilities required under such contracts. Contract terms can be as long as 50 years, and entities providing these ser- vices assume most of the functional roles of the owner of the facility.
Section 1692g governs the validation of debts and requires notices from collectors advising debtors of their rights. Congress enacted this debt validation and notice section to “eliminate the recurring problem of debt collectors dunning the wrong person or attempting to collect debts which the consumer has already paid” without “additional expense or paperwork” to the debt collector. 31 Section 1692g(a)(3) prevents a debt collector from assuming a debt is valid if the debtor has disputed it. 32 However, a debtor’s failure to dispute the debt within the thirty-day period, or at all—thereby triggering the collector’s assumption of validity—cannot operate as an admission of liability. 33 Therefore, absent a dispute, the assumption-of-validity provision allows the debt collector to continue its collection efforts ethically, but does not grant the ability to obtain a judgment against the debtor solely on the debtor’s initial failure to dispute. 34