...1 (a) • Both parties had the intention to enter into a contract. The intention does not need to be expressed in writing – it can be inferred from one party’s words or actions. • All contracts must include an offer and its acceptance. So I have received 3 quotes from 3 plumbers for work of a large house I am building under a contract with the owner. • A contract is formed with my acceptance of the offer. If any new terms or conditions introduced not covered in the offer will be a counter-offer. There is also a postal acceptance rule that the contract is complete once the plumber places the acceptance in the mail. Acceptance may be spoken, written or inferred from conduct. I have accepted plumber A’s price by telephone and without written confirmation, but I made a note in my files that I have done so. Plumber A reinforced/acknowledge this agreement by starting work on site. So there can be no argument that there is no contract. • Valuable consideration is the element that shows the parties intend to be bound by their agreement. There is a valuable consideration as I agreed on the price Plumber A submitted. Consideration can be regarded as the ‘price of a promise’, but consideration must be something of value and may take various forms as stated in Currie v. Misa (1875). • Capacity of the parties is that the enforcement of a contract depends on the parties possessing recognised and legal capacity. Their ability to contract must be free of particular limitations. Examples...
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...generally remains open for 30 days. 4. List three areas of differences between the Consumer Guarantees Act 1993 and the Sale of Goods Act 1908: Consumer Guarantees Act 1993 Sale of Goods Act 1908 The Act is designed to protect the consumer – the person acquiring goods or services for personal use; The Act applies to agreements for the traders – seller and buyer; The Act does not cover supply of goods by auction or tender, but applies to gifts and some other subsequent acquisitions; The Act covers sale by auction but not gifts; Goods should comply with sample in quality. Goods should correspond with sample in quality 5. Cases study about arbitrations: (i) There is no any misconduct on this situation. (ii) Both of the building contractors and the respondent should be present at the hearing. (iii) There is no any misconduct on this situation. 6. Difference between arbitration & mediation Mediation is a process by which both sides of a conflict are assisted into finding a middle term, mediation is sometimes a negotiation with the difference that it is supervised by a person or authority empowered to oversight and leads the process. When mediation fails, then the litigation or conflict may be...
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...Issue: Is the Timberland Stamps store considered a “dwelling” under the N.Y. Penal Law during the time of Arthur Constable’s burglary? Rule: “Dwelling” means a building which is usually occupied by a person lodging therein at night. N.Y. Penal Law § 140.00(3) (McKinney 1998) Analysis: Mr. Timberline, the owner of the Timberland Stamps, does have a room set up in the back that has a kitchen, bath and sleeping facilities that his nephew Norman Timberline used the previous summer but will not return. Mr. Timberline himself stays in the back room on occasion. Not more than two times a month. In People v. Sheirod, 510 N.Y.S.2d 945, 948 (App. Div. 1987) The home was considered a “dwelling” since the homeowners intended on returning home after being gone for a year due to a work-related transfer. In People v. Ferguson, 727 N.Y.S.2d 790, 794 (App. Div. 2001) Even though the sorority house was vacant during the summer months it was still considered a “dwelling” because the members of the sorority would be returning when the school re-opened in the fall. However, a seven-story school building with beds in the upper-level offices that are used about twenty to thirty times a year for overnight stays by different visitors does not qualify as a “dwelling”. People v. Quattlebaum, 675 N.Y.S.2d 585, 586 (1998). Conclusion: Comparing the information provided about the backroom in the Timberland Stamps store to the Sheirod and Ferguson case, it does not seem that the store is considered a “dwelling”...
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...The buildings represent the university campus in so many different ways, its good to say the university has roots and buildings that are older than the university are still on campus . These buildings add so much character to our university as well, knowing how many powerful people involved with the university have been involved with that building or even lived in it. The buildings include the Little Round house, Woods Hall, Clark Hall, Manly Hall, Garland Hall, Toumey Hall, Barnard Hall, and the Gorgas House. The Little Round house was originally the guardhouse for the university for overall protection of the university. The Little Round House held its ground during the campus burning and survived and was later saved by the trustees and converted into a record repository (Wikipedia). “Woods Hall was the first new building on campus following the civil war…Initially known simply as “the barracks” it was used as a dormitory. It also has a dining hall and classrooms on the ground floor. Was later converted in 1961 for the use by Department of Art and Art History”(Wikipedia). Clark Hall, built in 1884, “was originally designed as an all purpose building with a library, reading rooms, chapel, and a large public meeting room, which served as ‘the great public hall of the university…’ the building was restored again in the 1980’s… Clark Hall contains the main...
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...Constructing Change: Energy Efficiency and India’s Buildings Sector “The urban sprawl is creating unique challenges and opportunities related to natural ecosystems. As a result, policy makers need to think innovatively about a range of issues from land-resource planning to broader ecological and energy implications. The resulting challenges include reducing pollution, increasing biodiversity, managing peak energy demand and cost, heat-stress health implications, and ensuring an adequate supply of water and nutrients.” Radhika Khosla February 21, 2012 In 2008, for the first time ever, the urban population of the world outnumbered that of the rural. This visible trend has escalated over the last couple of decades; projections suggest that by the end of the twenty-first century, 80 percent of the world’s population will live in cities (which occupy 0.05 percent of the Earth’s surface). Rapid urbanization is creating vast opportunities through an unprecedented demand for the construction of buildings, which already account for more than 30 percent of India’s total electricity consumption. In line with expanding development, the country’s buildings sector is expected to increase five-fold from 2005 to 2050. India is at a unique crossroads where two-thirds of the commercial and high-rise residential structures that will exist in 2030 are yet to be built. Implementing energy efficiency in buildings that are being constructed in the next ten years thus presents a singular...
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...Responsibilities and Duties of a Civil Engineer Author : Exforsys Inc. Published on: 26th Oct 2006 | Last Updated on: 13th Dec 2010 The General Responsibilities and Specific Duties of a Civil Engineer The work of a civil engineer is all around us yet many do not even realize what a civil engineer is responsible for doing. The job role of a civil engineer is extremely important as it equates for the overall safety of society in many different facets. It is important to look at the role that a civil engineer plays and realize what they do in their daily job duties that make the area safe for the people who live there. What Is a Civil Engineer? It is important to first provide a formal definition highlighting the role of a civil engineer. A civil engineer is responsible for using their civil engineering background to plan and oversee various construction efforts in many different areas of this field. They will apply civil engineering principles to ensure that structures are constructed in the safest, sturdiest manner. General Responsibilities of a Civil Engineer A civil engineer engages in many general responsibilities on a daily basis. These responsibilities are a crucial part of their job and enable the civil engineer to engage in their profession to the best of their ability. One general responsibility of the civil engineer is to analyze various factors concerning a construction job. The civil engineer will analyze the proposed site location as well as the entire...
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...Building and Construction Industry Security of Payment Act 1999 As at 21 April 2014 Reprint history: Reprint No 1 30 September 2003 Long Title An Act with respect to payments for construction work carried out, and related goods and services supplied, under construction contracts; and for other purposes. Part 1 – Preliminary 1 Name of Act This Act is the Building and Construction Industry Security of Payment Act 1999. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Object of Act (1) The object of this Act is to ensure that any person who undertakes to carry out construction work (or who undertakes to supply related goods and services) under a construction contract is entitled to receive, and is able to recover, progress payments in relation to the carrying out of that work and the supplying of those goods and services. (2) The means by which this Act ensures that a person is entitled to receive a progress payment is by granting a statutory entitlement to such a payment regardless of whether the relevant construction contract makes provision for progress payments. (3) The means by which this Act ensures that a person is able to recover a progress payment is by establishing a procedure that involves: (a) the making of a payment claim by the person claiming payment, and (b) the provision of a payment schedule by the person by whom the payment is payable, and (c) the referral of any disputed claim to an adjudicator for determination, and (d) the...
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...Chapter 3 Building permits Page 113 One purpose for requiring the issuance of building permits authorizing construction is to ensure that the issuing authority may ensure that the issuing authority may enforce the FBC and the Fire prevention code and thus provide for the safe construction, erection, alteration, repair and demolition of the building. Certain property such as schools federal, and state government faciliteies are not subject to permitting from local authorities State construction falls under the state uniform building code for public educational facilities The contractor will not be required to obtain a local building permit for the construction of the school on school property. However there may be local building permit requirements for utilities outside the school. There is a statutory formal building permit application. The law authorizes the building permit applications to be submitted in electronic form. The building department that accepts service permits in electronic form must provide access to the permit application through internet access in searchable way. A permit may not be issued for any building construction, erection, alteration modification, repair or addition unless the applicant for such permit complies with the requirements for the plan review status within the for the building code However the code shall set standards and criteria to authorize preliminary construction before completion of all building plans review, including but...
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...fire incidents took place throughout the country and most of the them occured in Dhaka and Chittagong. Some of those fire accidents are given below : Tazreen fire accident: A devastating fire broken out in Tajreen Fashion Limited, a sister concern of Tuba Group at Nischintapur, Ashulia, Saver, Dhaka on 24 November at 6:30 pm and it was managed to bring the blaze under control at around 6 am, after more than 11 hours of frantic efforts.The fire broke out in the Westside of the ground floor that was being used as a warehouse and was full of inflammable cloths, yearns and garments accessories. As a result the fire spread up to the upper floors as it could not be tamed immediately. The mid level officials prevented workers from leaving the building after the fire had broken out. Total death & injured workers: •Date of Incident: 24 November 2012 • Place of Incident: Tazreen Fashion Limited, Nischintapur, Ashulia, Saver, Dhaka • Total Number of Death: A total of 111** workers died as per Govt. statistic. Among them 58 dead body has been identified and rest of 53 dead body was unidentified. The identified 58 dead body was handed over to deceased family members or relatives. The unidentified 53 dead body was lied down in Jurain Graveyard. After identification of legal successor through DNA test these dead body will be handed over. According to interviewed worker and other secondary sources total death will be around 160. Ministry of Relief and Disaster Management prepared the identified...
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...violation of the Garfield codes, they may look up the codes on the internet. If their charge is something in the IPMC they are unable to look it up on the internet. They have to call the company and charge $24 to their credit card and a copy will be sent or they would have to take off from work and go to town hall when the clerk’s office is open and read the IMPC or ask that a page be copied and pay $.75. The text of the IMPC reads very much like the NJ BOCA Code. The distinguishing feature is that the NJ BOCA Code is intended to give guidance to a person who is carrying out a permit and following the building code rules so the project will pass inspection. There is no criminal feature to the BOCA Code. Also, parts of the building or house that are not part of the permit are not even considered with reference to the BOCA Code unless a large percentage of the building is under renovation. The IMPC has been adopted by the Council and infractions are tried in the Municipal Court which is Quasi-criminal and therefore follows the rules of Criminal. The text in the IMPC deals with interior space that may be a single family home. If an inspector sees something that violates the dictates...
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...parameters of the corporate plan. As we have mentioned before, the first step in the hiring process will be having the heads of the HR team from the Michigan headquarters to handle the Arizona expansion. Once this team is chosen, there are different plans that will lead to an effective training strategy that will support Clapton’s expansion in Arizona, taking advantage of the high demand that exists in the building market, as well as the different nationalities that are represented in the population. The company will have a rigid stance against racial profiling however due to the closeness to the border with Mexico, all prospective workers must go through extensive background checks. Since the team will relocate from Michigan, this group of people will need to learn the inner workings of the construction market in Arizona and focus on the differences that exist within state laws as well as permits, legalities, costs, employee salaries, etc. They will be the spearhead of the expansion and will need to attend HR seminars where they can learn about the different zoning and construction laws that apply to the state of Arizona. They will also be required to attend job fairs, the local Chamber of Commerce as well as research the competition to make sure that Clapton Construction will provide the future...
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...A company has announced that it wishes to build a large factory near your community. Discuss the advantages and disadvantages of this new influence on your community. Do you support or oppose the factory? Explain your position. Generally, it is important to announce everyone who lives in the community regarding the construction of the new large factory before any problems occur in the future. The process of building a factory is not that simple, it needs a lot of planning and has to pass several laws from the government. The documents must be completed such as the written report from the researcher such as environmental research, traffic management research and social problem. These research documents is an essential way for the government to approve the proposal of the construction in every nation. The question is do they build a large factory base on the acceptance of the community with the government permit or not? To begin with, some people feel that building a large factory close to their community would give many advantages. When the large factory opens, it will create a lot of job opportunities surrounded that community. The construction opens the possibilities for any outsider to invest money to the city which it boosts the economic growth within the community. However the impact is it will help the infrastructure and the city development. Although some people believe it brings a lot of advantages, we should consider some disadvantages from the construction such...
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...attendance at examinations: Please see information available on myAdvisor regarding attendance and conduct at examinations, including information on Student ID cards, permitted materials, use of calculators, and late arrival - http://www.uq.edu.au/myadvisor/index.html?page=108936 Information about the examination timetable: Exam start times: Students should arrive at the examination venue at least 15 minutes prior to the commencement time of the examination and 30 minutes if the examination is held at the UQ Centre. Please note that start times for examinations held on Saturdays differ to those held Monday to Friday, eg. first exam session at 9:30am on Saturdays, and 8:00am on Mondays. Venues Venues are displayed with the Building Name, (Building Number), and Room Number. Where 'Contact School' is shown as the venue, please contact the School for details. Please check your exam venues thoroughly before your exam, and ensure you know where the venue is located. You will not be permitted entry to an exam venue if you arrive 30 minutes after commencement of working time, and no additional time will be granted. Student Split Where an examination is held across multiple venues, students are allocated to a venue based on Family Name. The surname split is displayed in a range and is shown as FAMILY NAME, First Name (first 3 letters). Students should ensure they attend at the allocated venue as there is limited seating capacity in each venue. Changes to the final timetable ...
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...and door sizes Method of compliance w/wind-load & wind-borne debris. WBD area is within 1 mile of coastline and all Risk Category IV and health care structures with 140 mph or greater Vult wind design Engineering for open structures; porches, balconies, etc. a b c d e f g h i Wind-load Design WBD Protection CHECK ONE a) N/A – Not in WBD area b) Impact Resistant Shutters c) Impact Resistant Glass d) Wood Panels-AFFIDAVIT REQUIRED Written approval from your local Planning Dept. for ordinance compliance. Complete, notarized Building Permit Packet including Notarized Owner/Builder Affidavit (if not using a licensed contractor) Recorded Notice of Commencement Signed “A” and “V” Flood Zone handout (Form B-16) Signed Driveway Affidavit (Form B08) Signed Statement of Water (Form B09) or Receipt from water provider Signed Florida Product Approval Affidavit (Form B-37) I affirm building is for residential use only (1&2) Family dwelling unit purposes or accessory Florida Energy Form Verified legal address letter unless in Panama City Septic Tank Permit or utility sewer receipt. Gulf Power REA-Southport REA-Wewa Indicate which power company a) b) c) 2. 3. a b c d e f g 4. 5. 6. 7. Applicant’s Signature CHECK ONE ICC-600/WFCM Architect’s/Engineer’s Design Other Phone Number E-mail...
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...not building or hiring. In franchising thus, the business purchases a building that is already complete and starts operating in it immediately. This is for different reasons. LIVEPAPERHELP.COM is able to write and provide the best tailor made essay on Franchising Franchising is becoming popular in the acquisition of business premises. There are many reasons for the high rates of franchising experienced in many economies. Many businesses are extending their operations by franchising and this is done on many grounds. There are various reasons to justify franchising albeit the challenges. The building of new premises for business is time consuming. The time taken for legalization procedures in the acquisition of land is rather long. There are many bureaucratic steps to be followed pegged on law. Franchising however solves this problem. In franchising, a business does not have to undergo through all the processes of land acquisition for the construction to take place what happens is simply property exchange and business starts. The time wasted between land acquisition and completion of construction for business to commence is used in business operation and this earns the business more profits. The current global costs of construction are generally on the increase. This is because many world economies are faced with inflation. This raises the cost of construction by raising the cost of labor and raw materials. This means that it would be cheaper to acquire a building through...
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