Alternative Dispute Resolution Methods And Procurement

Alternative Dispute Resolution Methods And Procurement The term of procurement method is frequently complex network of relationships which are formed between clients, consultants and construction companies, to enable a building project to be realized. Quantity Surveyors know how to provide a full Procurement solution at the inspection stage. There are essential clients requirements at inspection stage such as; Advice on procurement method, Contractual advice, Contractor selection, Preparation of tender and contract documentation, Forms of contract, etc. Particularly on the construction project it is vitally important to arrangement of the right method of procuring the construction works. There are different types of procurement arrangements and options exist in the construction industry Such as; Traditional (Design-bid-build), Design and Build, Management Contracting, Construction Management, Design and Manage, etc. ADR typically refers to processes and techniques of resolving disputes that fall outside of the judicial process (HG.org Worldwide Legal Directories) ADR is takes few variety forms as Negotiation, Mini-trial, Mediation, Conciliation, Mutual fact-finding, Expert Determination, Private judging, Dispute resolution boards, etc. INTRODUCTION This report emphasize for identifying critical phases of the Construction procurement and Alternative dispute resolution methods Therefore, especially highlight concerning significant phases of procurement and disputes. And also critically discuss key role of Quantity Surveyor for Disputes resolution and opinions to improve the procurement methods. MAIN BODY DISCUSSION Explain the quantity surveyors role in the various needs of client for selection of procurement at inception stage of the construction project. What is the Procurement method of Construction Project? The term of procurement method is frequently complex network of relationships which are formed between clients, consultants and construction companies, to enable a building project to be realized. It is important to discriminate the contractual relationships from managerial links, and in complex modern procurement systems. (Which Contract? 4th edition by Sarah Lupton, Stanley Cox and Hugh Clamp) Clients Requirements at the Inspection Stage Quantity Surveyors know how to provide a full Procurement solution at the inspection stage of project for all clients, such as Main Contractors, Private Public Clients. Whatever level of construction procurement is required; Quantity Surveyors have the knowledge and experience to guide clients toward a successful construction project. Hence as identified essential clients requirements at inspection stage those can be specify as follows; Advice on the most appropriate procurement method for the project, Contractual advice, Contractor selection advice, Preparation of tender and contract documentation (bills of quantities schedules of rates), Forms of contract, Reviewing tender documents (drawings and specifications). Quantity Surveyor Role based on Client requirements at for select the Procurement methods Quantity surveyors have an important role to perform in building procurement selection at the inspection stage based on client requirements because choosing the right procurement method is vital to the success of a building project. Some experience clients who may have their own professional team and an effective procurement policy and inexperience client have little or no knowledge of procurement methods; hence they require extensive professional advice at the inspection stage. Below mentioned are the vital important roles as identified. Advice on the most appropriate procurement method: as a specialty of construction Contracts, Quantity Surveyor has to advice for select a suitable procurement methods based on client requirement. Since some clients need different type of procurement methods according to their project scope. Contractual advice: as an important part of contract at the initial stage of project, required preparing an agreement to obtain clear understand and less disputes until finish the project. Hence Quantity Surveyor involves selecting and advising proper suitable contract agreement for the project as per client requirements. Advice for Contractor selection: selection of suitable contractor is complex process within role of Quantity Surveyor, because project success is depend on which selected contract organization. Hence Quantity Surveyor involves at the project inspection stage considering client needs for select a reputed contractor according to the standards procedures. Preparation of tender and contract documentation: Quantity Surveyor involves directly for preparation of calling tenders and documentations, such as, Company guarantee, Sectional Completion, Limitation of Contractors Liability, Price Adjustment for Inflation , Bonus for early Completion, Delay Damages , Changes in Law, Condition of contract, Additional Conditions, Bills of quantities schedules of rates, etc. Forms of contract: Quantity Surveyor involves selecting suitable form of contract expelling having advantage to the project when select most suitable form of contract according to the considering client requirement. One of those as JCT forms FIDIC form, NEC form, ICTAD form of contract in Sri Lanka. Reviewing tender documents: Quantity Surveyor involve to review drawings and specifications for tenders process, also tender evaluation based on predetermined estimate and preparing final report for tender award. Analyze the different type of procurement arrangement (process of conducting with advantages and disadvantages). Particularly on the construction project it is vitally important to arrangement of the right method of procuring the construction works. Not only is it important to choose the right contractor but it is vital that the contract documentation and form of contract is appropriate to the project. In basic terms Procurement is the process used to obtain construction projects. It involves the selection of a contractual framework that clearly identifies the structure of responsibilities and authorities for participants within the building process. There are different types of procurement arrangements and options exist in the construction industry as follows; Traditional (Design-bid-build) Design and Build Management Contracting Construction Management Design and Manage Traditional (Design-bid-build) Generally Traditional methods can be described under few forms procuring process as follows; Cost Reimbursed Contract Cost plus percentage Cost plus Fixed fee Cost plus Targets Lump Sum Contract Measure and pay contracts Engineers Main Contractor CLIENT Cost Consultant / Quantity Surveyor Nominated Sub-Contractor Domestic Sub-Contractor Consultant The client who is appoints an Architect as initial appointment to the project under this method, subsequently the architect appoint his design team and other consultants as requires to the project. And also the design team provides advice to the client until completion of project execution. Furthermore understand of Contractual relationship shows by below given chart. (Refer to diagram 01) Diagram 01- Contractual relationship Cost Reimbursed Contract Introduction This method is not constructive for any client due to absence of tender sum or final predicted final cost. Hence cost reimbursed contract also often provide some incentive to contractors to control costs. This method generally used only for following situations; Emergency projects, when the correct scope is unavailable where payments will be paying day work basis etc. Cost plus percentage: The contractor paid for cost of labour, material, plant and subcontractors overheads profit. And Profit directly subsists with contractors expenditures. Hence this is not constructive for clients. Cost plus Fixed fee: Profits of Contractors are pre-determined and agree with both client and contractor under this method before the start of work. Also contractor will try to control the project cost by reducing his management costs etc. Lump Sum Contract This method generally both contractor and client agree for a fix amount before the commencement of the project. The contractor is responsible to carrying out works according to the contract documents referring to the agreed cost. Further lump sum contract obtain two forms as with Quantities and without Quantities. Measure and pay contracts Particularly the Contractor is paid for actual work done according to the contract documents. There are several types of methods under this process, based on provide Drawing and Specification, Performance specifications, Schedule of rates, Bill of quantities, Bill of Approximate quantities, etc. Advantages of Traditional Method The total cost of the project Client is familiar with early, Tender price is little, High tender quality and superlative tender competition, Allow to design changes, Assist the cost management process. Disadvantages of Traditional Method Acquire additional time to start work execution from inception, Risk of design mistake occur to project delay, Lack of participation of contractor with design process. Design and Build Employ of a contractor is directly by Client instead of appointing an architect to a project under this method. Hence the Contractor is responsible for both designing and execution of the project. Also appoint a design team for develop the design using tender process by Clint. The contractor is invited by the client to develop and build the design which is done by the clients consultant under this form. (Refer to diagram 02) Design and build Contractor Client Nominated Sub-Contractor Domestic Sub-Contractor Cost Consultant / Quantity Surveyor Architect Consultants Licensees Diagram 02- Contractual relationship Advantages Contractor cant make any charge on client for design errors, High level of price certainty exists, Reduced project duration and enhanced degree of buildability, Not necessary to appoint employees other than the Contractor. Disadvantages Difficult Cost management and comparison of tenders, The building may aesthetically less acceptable if the constructors organization is smaller or less experienced team, Less knowledge about the value for money client has. Management Contracting Architect Engineering Consultants CLIENT Quantity Surveyor Trade Contractor Management Contractor Trade Contractor Trade Contractor In this method, Contractor employs by the client for mange the whole project by considering past experiences. The management contractor not doing any construction works himself. Generally distributes work packages to sub-contractors and manages them. Also paid by the client for management fee and also any other additional costs for services if has to provide before or during the construction period. (Refer to diagram 03) Diagram 03- Contractual relationship Advantages Contractor work under clients team, therefore it influence to identify clients requirements. Design team can use Contractors knowledge and management experiences for design requirements. Work is able to start early once the design of each work package is completed and also reduce project duration. Disadvantages Final cost of the project available only after the completion of the last work package only. The client would have risk on cost which can increase due to design errors. Construction Management This is similar to the management contracting but deferent is each trade contractor has direct contract with the client. The client is appointing a construction manager either consultant or contractor for organize and plan construction work. Also there is responsibility of appointing a design team as client needs. Advantages Every trade contractor have direct contract with the client therefore it is easy to redress delays. Easy to avoid or minimize practical troubles due to close relationship between construction manager and design team. Work is able to start early once the design of each work package is completed. Construction works and Project management integrated directly. Disadvantages Financial commitment difficult to identify to the client until the final work package is signed. The client has to deal with another consultant and contractors instead of main contractor more. Design and manage Designer Work Sub-Contractor Scope designer CLIENT Design Manage Contractor This method also similar to the management contracting and however the major difference is additional design responsibility to the management contractor. The form of procurement of this type of contract shows similarities to the design and build contracts but extend of the single point design responsibility. (Refer to diagram 04) Diagram 04- Contractual relationship Advantages Design team can use project managers knowledge and management experiences. Work is able to start early once the design of each work package is completed. Practical problems possible to minimize or avoid and also reduce the project duration. Explain your view on the construction procurement and suggestion to improve the effectiveness. Suggestions to improvement of Traditional method Need to be avoiding design errors and project delays by involvement of a knowledgeable independent professional body at the inception of the project. Carryout the tendering process separately for each trade package once it is completed and start execution accordingly for reduce the time duration. Suggestions to improvement of Design and Build method Client can check contractors recourses to make sure the capability of the firm to execute his project It is possible to develop the design by a 3rd party to makes sure better value for money. Briefly explain each ADR methods with advantages and disadvantages in contract. Alternative Dispute Resolution (ADR) Introduction ADR typically refers to processes and techniques of resolving disputes that fall outside of the judicial process (HG.org Worldwide Legal Directories) Alternative dispute resolution (ADR) is originated in the USA, was adopted in Britain in the 1980s and is now practiced worldwideà ¢Ã¢â€š ¬Ã‚ ¦ (Page123, Quantity Surveying Construction Management, 2012) Goodwill between both parties is very important to achieve good results from ADR applications without wasting time and recourses with Arbitration or litigation. General advantages of ADR applications can review as Private, Quick, Economic, etc. ADR is takes few variety forms as follows. (Page123, Quantity Surveying Construction Management, 2012) Negotiation Mini-trial Mediation Conciliation Mutual fact-finding Expert Determination Private judging Dispute resolution boards Negotiation In negotiation participation is voluntary and there is no third party who facilitates the resolution process or imposes a resolution. There are no limits for arguments. Advantages:- All Parties can find their own judgments and Time and money saving. Fully confidential if third person not involving with the process. Disadvantages:- This might effect to the relationship of the both parties due to unnecessary arguments. Mini-trial Mini-Trial involves the top decision makers of the corporations having a dispute by engaging them in the presentation of their respective cases and the subsequent negotiating process. A mini-trial is generally not a binding method unless the parties agree otherwise. Advantages:- Independent advisor and facilitator is available. Time and money saving is exist. Unfriendliness is reduced. This method is not a trial at all and maintained confidentiality. The business relationship of the both parties is maintained Disadvantages:- Resolution if fail, parties can go to the court. Process will not succeed if the parties have any doubt on his impartiality and independence. Any party at any point of time, there is a possible to withdraw. Not much cost effective all the time. Mediation Mediation a forum in which a neutral third party facilitates communication between parties to promote settlement. A mediator may not impose his or her own judgment on the issues for that of the parties. Advantages:- Avoid unfriendliness and Less cost than go to the courts. Mediators knowledge helps to the parties guide clear future disputes. Disadvantages:- When parties week and strong, Possible to make agreement it may be lopsided to favor of the more prominent side. Conciliation One party invites to other party to resolve disputes trough Conciliation and the process will commence once the invitation is accepted. This process newer commence if other party rejects the invitation. If both party fail the process they has to go to the arbitration to resolve disputes. Advantages:- Both parties attempt to become for negotiation as of the great respect of the neutral person and also it is faster than negotiation. Disadvantages:- Less confidential due to involvement of conciliator. Expenses are higher. No any binding between both parties. Mutual fact-finding All the parties strongly engage and make a report with or without assistance of a mutual expert. The parties can solve their disputes trough the report and also this report is possible to use as a trial, as well as can give as evidence to the court or arbitration. Dispute resolution boards In the background of construction contracts, a DRB include a board of one or three persons, independent of the contracting parties, engaged to carry out an overview role of the execution of the project. Its primary function is to assist the parties to avoid disputes if possible or if not, to assist them to a quick, cost-effective and avoid the need for arbitration or litigation. (Dr Donald Charrett, Barrister, Arbitrator and Mediator Owen Dixon Chambers East, Melbourne) Advantages The panel acts realistically as third person. The Panel members are industrial experts. Early responses save time and money. Disadvantages:- Select and appoint of members are complicate process. Not retain confidentiality. Expert determination This is a private alternative to court litigation for the resolution of disputes. It is one of a number of ADR  methods available including arbitration,  mediation and adjudication. (Daniel Djanogly Forensic Accountants Chartered Arbitrators) Advantages Cheaper than running a case to trial. Allow both parties a greater knowledge of how the factual evidence is likely to be decided if the case goes to trial. Disadvantages The expert has no power to force his findings on the parties. One party is probable to have to sure the other to implement determination of the expert. Private judging Private Judging is a special type of decisional process, based on arbitration.    A retired judge is appointed by parties in dispute to preside over a private trial. Advantages It offers convenience and flexible to all parties. The flexibility of this method ownership and control of the litigation to the dispute. It is speedy process confidentially Disadvantages This is some considerably costly method in ADR The parties are unable to evaluate the quality of the judgment which given under this method. The parties entered into the contract they may face to various disputes. Discuss the role of the quantity surveyors input, from the inception to completion of the project. Role of the quantity surveyors for Disputes Resolution To be identified and scheduled might be occurred disputes at the early stage. Involving and discuss with line managers regarding the identified disputes. Advice to the client for selecting an accurate method of dispute resolution. As an initial action try to be settle by negotiation action to avoid wasting time and money. If negotiation is unsuccessful, to be advised to the senior management for go to the ADR methods by avoiding go to the Arbitration or Litigation. Perform to evaluate and advise to select the correct method from available in ADR process. Collects and prepares all necessary supporting documents required to the ADR process. Attending for relevant meetings and review the issues of meeting CONCLUSION/RECOMMENDATION Basically Construction project disputes are occurred due to selection of inappropriate procurement applications for the project. Hence selection of suitable procurement methods at project inspection stage is a very important responsibility within role of Quantity Surveyor. I recommend every Quantity Surveyor should develop their knowledge in-field of Construction procurement application and disputes resolution methods in practically.

Different generations in Dubliners by James Joyce Essay

Dubliners: Choose one story from the collection and discuss how Joyce depicts relationships between people of different generations. In your answer you should: * Explain your own view of the treatment of the young by old people; * Look closely at the effects of Joyce’s narrative methods and language; * Comment on how the story relates to the concerns and methods of the novel as a whole. In Eveline Joyce portrays two generations, namely Eveline and her parents. Unlike the narrators in the previous stories, Eveline is an adult but the entrapment of the narrators remains constant with her. The main treatment of the young is of Eveline by her father. Her father, an alcoholic, abuses his daughter, â€Å"Even now, though she was nineteen, she sometimes felt herself in danger of her father’s violence. She knew it was that that had given her palpitations.† He makes her work but takes away her wages to throw away on drink, saying that she would â€Å"squander† the money, having â€Å"no head†. He is ungrateful for the hard work she does and ridicules her. Like Dublin, her father is stifling and oppressive and while she is with him she can never be happy or prosper. Also her work colleagues treat her unfairly, another example of the mistreatment of the young by their elders. On wondering what they will think to her moving away, she says they would â€Å"say she was a fool, perhaps; and her place would be filled up by advertisement. Mrs Gavan would be glad.† She says â€Å"She would not cry many tears at leaving the Stores. But in her new home, in a distant unknown country, it would not be like that.† Although she hates the lack of respect her colleagues have for her, her work is familiar, like her home life, and though it is dismal, it is assured. Eveline is in keeping with the stages-of-life structure of the novel whereby the narrator of each successive story is older than the last. Eveline is an adult, a young women of marrying age, but like the narrators of the first three stories preceding her own, she is controlled by the older generations. Eveline has more responsibilities than the previous narrators and her financial situation is worse but Joyce blurs the distinction between her adulthood and the children of the previous stories with her recollection of childhood memories. She recalls when â€Å"they seemed to have been rather happy then. Her father was not so bad then; and besides, her mother was alive.† The subject matter is more adolescent and the ideas of love and romance are introduced, having only previously being presented in the form of the boy’s unrequited crush in Araby. However, Eveline seems to distance herself from everyone around her and does not appear to feel very much love. Although she seems very attached to the familiarity of home, she â€Å"knows† her family rather than â€Å"loves† them – â€Å"In her home anyway she had shelter and food; she had those whom she had known all her life.† Equally, she does not appear to love Frank, but merely likes him – he was â€Å"very kind, manly, open hearted.† Although this story marks a shift to a third person narrative, Joyce uses the technique of streams of consciousness to convey the narrators’ thoughts. When Eveline has her epiphany, her sudden realisation of how terrible her life really is, this techinique is used: â€Å"Escape! She must escape! Frank would save her. He would give her life, perhaps love, too. But she wanted to live. Why should she be unhappy? She had a right to happiness. Frank would take her in his arms, fold her in his arms. He would save her.† The ellipse follows this, taking the action to the dock where she is to leave. This acts to build tension as the reader is sure Eveline will leave. By saying that â€Å"She prayed to god, to direct her, to show her what was her duty† Joyce is commenting on religion as if God has instructed Eveline to make the wrong decision and stay in Dublin. Likewise, in the previous stories he has presented priests very negatively and has hinted at the repressive nature of the Irish church, religion being another of the omnipresent themes in Dubliners. The recurrent themes of entrapment and paralysis play an important part in Eveline with the title character being trapped in the stagnant Dublin by her abusive, domineering father. Joyce makes clear her desire for something more as â€Å"She sat at the window watching the evening invade the avenue† but duty bound she wastes her opportunity to escape. It is she that looks after the house and the children, her brothers – â€Å"It was hard work – a hard life – but now that she was about to leave it she did not find it a wholly undesirable life.† This shows the extent of her feelings of duty and her entrapment as she will suffer with the familiar rather than escape to the uncertain. Although she is terrified of ending up like her mother, whose â€Å"life of common place sacrifice closed in final craziness†, she feels obliged to stay to face the same inevitable future of misery. There is also a strong element of fear, of her father and of her lover but predominantly of the unknown – life outside the safe misery of Dublin. The treatment of Eveline by her father, and to a lesser extent her work colleagues, is typical of the treatment of the young in Dubliners. In The Sisters, Araby, and An Encounter children are repressed and controlled by adults including parents, teachers and churchmen. Throughout the novel Joyce depicts trans-generational relationships in a negative light, with most of them being very unbalanced and unfair. In Eveline the father is controlling and ungrateful and uses his power to keep Eveline from escaping Dublin, in the hope of a happy future. The main theme of entrapment dominates this story with Eveline trapped by fear and duty in the stagnant Dublin, trapped in the claustrophobic confines of her home.

Evolution Can Be Scary, Important And Intimidating

Converse over Evolution BIO 4984-001, Dr. Liu Jacob Garver The topic of evolution can be scary, important and intimidating. This was definitely the case for me, as I interviewed my grandmother. When discussing who I intended on interviewing, I immediately thought of my grandma. I wanted to hear her thoughts on the subject as well as her misconceptions. By having a great pre-existing and open relationship, I knew I could count on her for an unbiased and â€Å"real† conversation. My 65 year old grandma grew up in a religious and devout Christian family with a history of conservative beliefs. She has been in the insurance business for over thirty years and has tremendous experience talking with farmers regarding crop/farm insurance. She often†¦show more content†¦To my surprise, she stated that evolution contradicted religion and that one could not be a Christian and also believe in evolution. After hearing her entire opinion, I began my rebuttal. I stated that evolution, in easy terms, described a change in an anim al/plant over a long period of time. I also wanted to clear up the misconception regarding the ape to human evolution. I stated that humans and apes merely share a common ancestor, but did NOT evolve into one another. Knowing that religion is a large part of her life, I also wanted to touch on the God/evolution controversy. I began by stating that evolution is not a means to prove an origin of life, but a change of an organism over time. This surprised her! This statement caused her to rethink everything she had already told me. I told her that religion, specifically Christianity, would say that organisms were created as is and that no change occurs. Evolution, however, is defined by a slow/progressive change in an organism over time. From here, I moved onto the second topic. This topic encompassed the evidences of evolution. I was extremely interested in hearing her account of this topic! By merely proposing the question about evidences of evolution, I could tell she was puzzled. M y grandma admitted that she had absolutely no previous knowledge of this topic. Ironically, we had just previously discussed a certain bird while drinking coffee earlier that morning while on vacation in

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