An overview of the role of tort on construction projects - claims which can be brought in the civil courts against a member of the project team, and outside the provisions of a contract.
The note was developed by Sarah Fox, who helps construction specialists understand their contracts - and how they are supplemented by implied terms and tortious duties.
www.500words.co.uk
•What is Contract?
•What is Construction Contract?
•Purpose of Construction Contract
•Contract for Bid and Procurement
•Contract for Pricing Arrangement
•Construction Contract Component
•Contract Document List
•Standard Form of Contract in Malaysia
A review of the concept of extension of time for construction contracts, including why it is beneficial for employers to grant extensions. Includes a look at alternatives to extension, by way of acceleration of works.
•What is Contract?
•What is Construction Contract?
•Purpose of Construction Contract
•Contract for Bid and Procurement
•Contract for Pricing Arrangement
•Construction Contract Component
•Contract Document List
•Standard Form of Contract in Malaysia
A review of the concept of extension of time for construction contracts, including why it is beneficial for employers to grant extensions. Includes a look at alternatives to extension, by way of acceleration of works.
The document is a summary of the Concise Australian Commercial Law, 3rd Edition, Turner, Trone, and Gamble 2015. Material distribution is protected to its author’s Intellectual Rights.
What Can You Claim for Breach of A Construction Contract?Sarah Fox
A summary of the law setting out the damages you can claim in the event that someone breaches their contract with you.
The note was developed by Sarah Fox, author of the 500-Word Contract. The tips and techniques from her 500-Word series of talks, workshops and contract coaching will help you create simple, ethical contracts you can read, use and understand.
Contact her by email sarah@500words.co.uk or for more information, visit her website www.500words.co.uk
Tort laws are laws that offer remedies to individuals harmed by the unreasonable actions of others. Tort claims usually involve state law and are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others. Tort laws involve civil suits, which are actions brought to protect an individual’s private rights. In this case I'm brought Malaysia case Law on Tort in Construction Industry as example for viewers.
The law of Torts trespass negligence and occupiers liability and independent ...Mzumbe University
Negligence is not a single nominate tort. Some interests are protected against negligent interference, others are not. The purpose of the law of torts is to adjust societies' losses and to afford compensation for injuries sustained by one person as a result of the conduct of another. Law of torts must dynamic and responsive to changing society.
LIABILITY INSURANCE: WHAT YOU MUST KNOW!Newton Bezeng
The law obligates us to exercise a duty of care to our neighbor while carrying out our personal or business activities in the course of our life. A breach of our duties will be considered tortious and will be held liable. This articles is examine using the various questions and headings:
What is Liability Insurance?
An Overview
What are the Sources of Liability Insurance?
What are the different types of liability insurance?
How can Liability Insurance Arise?
The Importance of Liability Insurance
Conclusion
The HeartObjectives· Identify the anatomical structures of the.docxrtodd33
The Heart
Objectives
· Identify the anatomical structures of the cardiovascular system
· Explain how blood flows through the heart, lungs, and body
· Describe the electrical conduction system of the heart
· Explain the cardiac cycle, including how the cardiovascular system contributes to the homeostasis of the body
Assignment Overview
This practice exercise allows students to review the structure and function of the heart.
Deliverables
An annotated resource list of learning tools from the Internet
Step 1 Access and review the online activity:
https://www.youtube.com/watch?v=5tUWOF6wEnk#action=share
Step 2 Access and review the online activity:
https://www.youtube.com/watch?v=H04d3rJCLCE#action=share
Step 3 Access and review the online activity:
https://www.youtube.com/watch?v=fZT9vlbL2uA&feature=youtu.be
Step 4 Using the Internet, search for additional learning aids from reputable sources.
Using the Internet, search for additional learning aids from reputable sources. These can be animations, videos, diagrams, or any other type of resource that you find useful in your studies. Find at least one resource for each of the following topics:
· Heart anatomy
· The electrical conduction system of the heart
· Blood flow through the heart
· Blood flow through the body
· The cardiac cycle
Step 5 Write a brief summary of each topic.
For each topic listed in Step 4, write a brief summary paragraph that explains the major highlights of the topic and briefly explains why you think the resource you have found will help in learning the material. Cite the resource appropriately.
Step 6 Submit your answers.
When you have completed the assignment, save a copy for yourself in an easily accessible place and submit a copy to your instructor using the
ACC 150
THE LEGAL ENVIRONMENT OF BUSINESS
With Doreen Smith, Esquire
Chapter 8
GENERAL PRINCIPLESWhat is a Tort?
Civil wrong that interferes with one’s property or person. A common tort is a negligence action which often impact a business (such as a slip and fall action or car accident).Torts distinguished from crimes/contracts
Crime arises from violation of public duty, whereas tort arises from violation of private duty. Same act can be both a crime and a tort.
A breach of contract action is not a tort.
CIVIL VS. CRIMINAL CASECriminalBurden of Proof—beyond a reasonable doubtCase brought by governmentGuilty person would pay a fine, serve time in prison or receive the death penalty CivilBurden of Proof—By the preponderance of the evidenceCase brought by a private partyA Defendant may pay damages for what they did wrong.
GENERAL PRINCIPLES
Types of Torts:Intentional (see below for specific torts)Civil wrong that results from intentional conduct. This a a category of torts that includes assault, battery and defamation.Negligence Civil wrong that results from careless conductStrict LiabilityCivil wrong for which there is absolute liability because the activity is inherently dangerous
INTENTIONAL T.
Why use 50000 words when 500 will do? (March 2020)Sarah Fox
Considers what's wrong with UK construction contracts (complex, paper-based and adversarial) before proposing solutions to those issues: simplify content, digitise as tools, collaborate ie work on trust not terms.
Talk to CICES on 12 March 2020 by Sarah Fox of 500 Words Ltd. For more on contracts go to https://500words.co.uk/
How accessibility, simplicity and clarity can stop contracts being a burden a...Sarah Fox
Construction contracts are a burden and a bore for three principal reasons: they are complex, paper-based and adversarial.
This 30-minute Webinar focused on how we can improve accessibility with contract patterns (eg from the IACCM contract design pattern library), clarity and simplicity to build trust and help avoid disputes.
Sarah Fox is a speaker, author and innovator who wants to help construction companies safeguard their business without annoying their clients. She is interested in legal design, digitalisation and plain language as means to making user-friendly contracts available to 1m SMEs and micro-enterprises in UK construction.
For more about Sarah go to www.500words.co.uk.
This talk was for IACCM Ask the Expert series and considered the UK perspective. The recording is available to members at https://www.iaccm.com/.
A presentation (webinar) based on 5 steps to creating effective contracts:
1. Decide a contract is important
2. Avoid contract myths
3. Review STAR content
4. Delete jargon
5. Keep it simple
The sample contracts were provided by a client working on international process plant projects as a consultant but have been anonymised. For more information or to learn how to create your own STAR review, see Sarah's blog at www.500words.co.uk/blog
Presentation to the Institute of Demolition Engineers' conference in March 2019 by Sarah Fox of 500 Words Ltd on managing risks and changes under the NEC4 ECC contract.
For more information on using contracts to safeguard your business without annoying your clients, go to www.500words.co.uk/blog.
From Captive Cult to Culture Change: Sarah FoxSarah Fox
First in a series of talks hosted by Hurley Palmer Flatt on 8 October 2018 discussing whether the rise of digital engineering or digital construction requires the demise of BIM.
Sarah Fox, 500 Words Ltd, talked about the difference between cult (rules imposed by a leader) and culture (rules agreed by and changed by the group), the challenges to digital construction (technology, language and conduct), the importance of cultivating the skills to embrace those innovations.
Images by Sarah Fox, Hurley Palmer Flatt, NBS National BIM Survey and Unsplash.
For more resources go to Sarah's blog http://500words.co.uk/blog/, find B1M top 5 tips for digital construction https://www.theb1m.com/ or joint Women in BIM http://womeninbim.net/
If you are in the UK and need to check that you will comply with the General Data Protection Regulations when they come into force in May 2018, this checklist might help. Developed for use in my own business it is shared without liability. Please use it wisely to start the process of complying.
For more information on making your processes and your legal documents simple, especially if you are in the UK construction industry, go to http://500words.co.uk/
Ten great quotes from Bryan A Garner's Elements of Legal Style (used with permission) to help you improve your legal writing. Plain Language is critical under legislation in US and South Africa as well as the Consumer Rights Act 2015 in UK and EU equivalents. But it is good practice for all legal writing.
You can ignore grammar rules & write normally. But you should focus on substance (say something important) and be direct rather than rely on weasel words. The key is to use clarity to select the best words to convince your reader - whether a judge, member of the pubic or businesswoman.
Even though you are a lawyer, you can rely on emotion, colour and verve to create simple straightforward stories.
But only if you edit ruthlessly.
For more information read Bryan A Garner's Elements of Legal Style, Joseph Kimble's Writing for Dollars Writing to Please, Martin Cutt's Oxford Guide to Plain English. and to learn about effective writing for your profession ask about our courses www.500words.co.uk
Top 5 Methods for Resolving UK Construction DisputesSarah Fox
According to the Arcadis Global Disputes Survey 2016, the average value of a construction dispute is near $46m and it takes over 16 months to resolve. This guide looks at your
five main options to resolve a dispute in the UK construction industry. It compares litigation (court proceedings), arbitration, adjudication, negotiation and mediation.
The author is Sarah Fox 500 Words Ltd and you can get regular tips for construction contracts to help you avoid disputes and the need for dispute resolution methods in her fortnightly tips sheet http://just500words.co.uk/signup.
In this presentation for the 'Working wit the Enemy' session at the Construction Industry Summit 2016, Sarah Fox discussed the role of trust in contracts. Her themes were:
- how we currently have read extensive contracts which is like searching for a four-leaf clover
- importance of user experience with contracts
- current focus on small print not a shared objective eg Trebor v ADT the popcorn case
- how contracts should and can help us avoid disputes eg Arcadis Global Disputes Surveys
- whether trust comes before simpler contracts or vice versa (chicken or egg)
- how contracts including money should be built on trust
For more tips sign up to her fortnightly tips sheet http://just500words.co.uk/signup
Creating Smart(er) Construction ContractsSarah Fox
At Architex 2016, Sarah Fox spoke about smart contracts in construction covering:
- contracts are tools to help companies do business
- how construction contracts have developed in the last 5,000 years
- the development of contracts from paper to electronic to digital to smart to intelligent
- how the construction industry compares to banking which had standardised money less than 2500 years ago and is now using digital and smart money eg bitcoin
- how trust is critical to both banking ("I promise to pay the bearer on demand") and construction
- what we need before we can move to smart contracts ie simplicity in contracts and contracting
Sarah referred to these formats for construction contracts:
Paper = hard copy. First produced under sanction of RIBA. First JCT in 1931.
Electronic = editable online document (JCT Digital launched in 2006)
Digital = contract completion, execution and archiving on trusted digital platform (eg Contract Express, owned since 2015 by Thomson Reuters)
Smart = contract creation, execution and operation using logic systems
Intelligent = contracts & works documents all smart; eg multi-party payments made remotely once conditions met
For more about smart contracts see Sarah's blog at http://500words.co.uk/smart-contracts/.
A major cause of contract disputes is failing to read, understand or use your contract. This can be resolved at the drafting stage by writing effective (not defective) contracts.
These 8 tips will help you build trust, create contracts that work for your business, and avoid disputes. The blog that accompanies these slides is at http://500words.co.uk/8-habits-defective-contracts.
Sarah Fox simplifies contract processes and contracts to help you avoid disputes and build trust. Her blog is at http://www.500words.co.uk/blog
Sarah Fox talk to Clarity UK (clear language for lawyers) on adopting simpler contracts, instead of the complex, adversarial and long standard forms currently in use.
Sarah is an advocate of plain language and simplicity in contracts, particularly her specialist area of construction contracts.
For more information contact Sarah via http://500words.co.uk/contact-2/
Sarah Fox talks about how trust is more important than terms in her keynote. "One of the most engaging, thought-provoking and fun sessions I've attended". Learn how simple contracts can help not hinder business.
Guide for Construction Contract AdministratorsSarah Fox
An overview of the two main roles of a contract administrator on a generic construction project. The Contract Administrator acts as both agent of the employer and as decision-maker for critical certificates.
This notes sets out some of the questions to ask, case law to understand and tips for avoiding disputes arising from the administration of a contract.
Prepared by Sarah Fox, 500 Words Ltd, who lectured final year students at Salford University to help them become better contract administrators.
www.500words.co.uk
This note considers whether a contract term can exclude all liability for latent defects and limit liability to defect repair or replacement. The clause is based on clause 36.9 from MF/1, the Model Form of conditions for electrical, electronic and mechanical plant from IMechE/IET.
The relevant cases are British Fermentation Products v Compair Reavell [1999] 2 All ER (Comm) 389 and in BHP Petroleum v British Steel [2000]2 All ER (Comm) 133.
The note was prepared by Sarah fox, 500 Words Ltd. She has reviewed, adapted, advised and trained on the MF/1 form of contract.
www.500words.co.uk
Using the poem 'Solomon Grundy' this slideshare was designed to showcase the UK Construction Industry.
Because construction matters.
Developed by Sarah Fox, www.500words.co.uk a specialist in construction contracts
10 Essentials For An Effective Construction ContractSarah Fox
An overview of the 10 aspects every contract for a construction works package (however large or small) needs to include to make it an effective tool.
These 10 essentials are the foundation to the 500-Word Contract (TM), developed as a basis for construction contracts in England/Wales. They are also a checklist for your own terms and conditions.
For more information go to www.500words.co.uk or send Sarah an email sarah@500words.co.uk
A note on the 2015 case of Transformers & Rectifiers v Needs which reviewed the principles for determining whose terms and conditions apply. Includes a review of the battle of the forms.
Transformers & Rectifiers Ltd v Needs Ltd [2015] EWHC 269 (TCC).
For help writing simpler contracts or understanding complex ones, including which terms might be implied into any contract, contact sarah@500words.co.uk
Do you find yourself unable to agree contract terms because of their complexity?
Are you paralysed by indecision over which elements are important?
Do you find yourself avoiding the pain of paperwork by not signing or reviewing contracts?
Do you want a quick way of sorting out if your construction contract is good to go or may cause problems later in the project?
This checklist is designed for use during the tender stage to determine whether to continue.
The checklist was developed by Sarah Fox, author of the 500-Word Contract for construction projects. If you want to know how to use 4 key elements to evaluate contracts before they are signed then 500 Words Ltd runs a 90-minute introductory workshop to help you spot the disasters waiting to happen.
For information on how we can give you the confidence to use contracts for project success, email sarah@500words.co.uk or visit www.500words.co.uk
A checklist to help facilitators and trainers remember everything they need to run a seminar, course, workshop or event. Adapt as you see fit.
Sarah Fox of 500 Words and Emma Sutton of Naked Presenting developed this list after years of running, delivering, facilitating and organising a range of learning events.
www.500words.co.uk
www.nakedpresenting.co.uk
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018