Viewing papers 1-11 of 11 for construction AND contract AND claim: AND arbitration AND council

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Construction Contract Claim: Arbitration Council Case Study

… the runoff water entering through the defectively placed refill at the top of the liner, the government claims, was defective as had been established during inspections, which as per the contract, was the government’s duty.

The government argues that it had identified that the concrete at the top of the liner had not been done as per the provided guidelines. The government further alleges that it was not its duty to bring this to the attention of the contractor, because such inspections were done for the benefit of the government. This is a clear indication that the government has not been acting in good faith, and still is not. This is evident because the government still argues that “deficient placing of the refill was…. [read more]


English Right of Set-Off Term Paper

… And, according to the Court of Appeals, claims that are merely contingent at the relevant date, but are not "due" are not employed in a set-off.

The right of combination differs from the right of set-off because, unlike set-off which assumes independent obligations between parties, combination allows full balancing of all liabilities. Unless there is an express or implied agreement to keep accounts separate, even accounts that are different in nature have been considered to be automatically combined in determining the final balance upon insolvency. The cases do not seem to offer a perfectly predictable rule, but generally there is an implied agreement that a loan account in debit and a current account in credit should be treated as separate. Unlike the right of set-off,…. [read more]


Industrial Relations Term Paper

… Industrial Relations

The purpose of this work is to document in chronological order the major events in Australia industrial relations and both Federal and State form 1980 to the present. Each event will be described and the objective stated. Each will be analyzed as to the impact on the construction industry.

The collective and/or enterprise agreement that may be advantageous to both workers and management in large construction companies will be discussed as well as any disadvantages noted in this area. Secondly the object of the Act will be summarized and the options and limitation under the act if not satisfied with the payment schedule received in response to payment will be discussed as well as detailing how the Act may benefit every sub-contractor.

Introduction…. [read more]


Risk Allocated in Oil Research Paper

… ¶ … risk allocated in oil and gas contracts?

Petroleum agreements

Joint Venture Agreements (JV)

Contractual indemnity

Indemnity clauses in Oil and gas contracts

The legal interpretation of the indemnity clauses

Relationship between Operator and Contractor

Rights and obligations under the contract

Exclusion clauses

Limitation on liability clauses

Willful misconduct and gross misconduct

Fiduciary relationship: utmost good faith

Types of risks in Joint Ventures

Investment and business risks

Environmental risks

Deficit of human capital

The worsening of fiscal terms

Control of costs

The competition for Reserves

Risk allocation

The allocation of risks in oil and gas contract is a complicated legal process that has different approaches. The preferred methods all have different legal interpretations. In this paper, we analyze the methods and process of allocating…. [read more]


Foreign Investment in Saudi Arabia Term Paper

… ¶ … percent of the world's proven oil and gas reserves, the Saudi Arabian government has embarked on an aggressive initiative to diversify the country's economy and provide new employment opportunities for young Saudi nationals entering the job market. As part of this initiative, Saudi Arabia has implemented a number of pro-business foreign direct investment laws that are helping achieve this diversification. The purpose of this study was (a) to determine how the government of Saudi Arabia currently regulates foreign investment; (b) to identify the controlling laws that govern this type of investment; and, if so, what are the requirements; and (c) to analyze Saudi foreign direct investment laws through a series of case studies to gain new insights into how the regulatory framework actually…. [read more]


Negotiation Police Labor Conflict Term Paper

… "The arbitrator also awarded a moderate increase in the paid detail rate, bringing Boston police closer to what most Massachusetts cities and towns have received for years. Unfortunately, he decided no other issues of concern to BPPA members, such as matters of residency, retirement, or replacement by civilian workers." (Carnell, 2004)

Identification of others affected

There were many individuals affected by these negotiations. The city as a whole will now be responsible for meeting the new payroll for the next four years at a time where it is already fighting budget constraints. The police will have to accept the pay and benefits conciliations even though they have been with out pay raises for the past few years putting them in a catch up position at…. [read more]


Origins, History of the IMF Term Paper

… SRF: Supplemental Reserve Facility loans are to be repaid within a year and a half, and there is a substantial surcharge of 3-5 percentage points.

CCL: This is under the same repayment criteria as SRF, but the surcharge is less (1.5 to 3.5 percentage points).

CFF: This type of loan was designed to help a country experiencing a very sudden "shortfall" in export earnings (caused by world commodity fluctuations), and the financial terms match those of the SBA (except CCF loans have no surcharge).

In the event of a nation suffering a natural disaster like an earthquake, flood, typhoon, or other calamities, or for a country just emerging from war, the IMF provides "Emergency Assistance" loans. They are subject to the basic rate of charge,…. [read more]


Education for Diversity Thesis

… Education for Diversity

Were you surprised at the categories he chose to ground his discussion of diversity?

No, not really, the categories Spenser chose seem to be some of the most important and relevant categories of diversity in adult education, and some of them, as he notes, have been ignored for far too long. Women are an important element of adult education, often because they must continue their education while working and caring for a family, and so distance and adult education courses help them manage their time more effectively. It is interesting that women were some of the first targets for adult education, and that their options were so limited in the past, even though they were often the instructors, as well as the…. [read more]


Offices in the Judicial System Term Paper

… The legal system has its effect on almost every aspect of our society. And lawyers play a very important role in society by being able to form the backbone of the legal system. Hence their positions hold high responsibility, and they have to follow strict code of ethics. These lawyers, or attorneys as they are often known, act as advocates and at the same time as advisors. As advocates they represent one of the parties in criminal or civil trials, present evidence on behalf of their clients, and argue in their support. And as advisors, they guide their clients on their legal rights and duties and give suggestions on the course of action to be followed in business matters as also in their personal matters.…. [read more]


Conflict Resolution in the Middle Term Paper

… The pro-Israel camp has its own lobbies, organizations, think tanks, magazines, support groups, Internet user groups, etc. that strives hard to establish that the Arabs are wrong and they are right. The Israelis pose to be more outstanding in morality than the Arabs. Similarly the lobbies, organizations, think tanks, magazines, support groups, Internet user groups, etc. existing in the side of pro-Arab camps strives hard to establish that the Israelis are wrong and they are right. They also announce in similar fashion that they are morally more upstanding in comparison to the Israelis. Both of the groups are accusing each other labeling allegation that the other is morally deficient, the other is not acting nicely and because of the other that they are not arriving…. [read more]


Janice How an Act Essay

… To pay her for the consignment of cakes, Janice will have to ensure that there was an actually a valid contract between Croft Cakes and her. Without a valid contract between the two parties, Croft Cakes would not have any legal obligation to pay Janice. A valid contract requires the presence of an offer, acceptance and consideration.

Offer

An offer is a promise that, according to its terms, is contingent upon a particular act, forbearance, or promise given in exchange for the original promise or the performance thereof; a demonstration of the willingness of a party to enter into a bargain, made in such a way that another individual is justified in understanding that his or her assent to the bargain is invited and that…. [read more]

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