Tuesday, May 26, 2020

Payments in Construction Law - Free Essay Example

INTRODUCTION In construction environment, payments was defined as the value of works, materials or goods comprised in a contract as in Royden (M) Sdn Bhd v Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd[1]. In a simple words, payment can be a consideration in terms of money for works that Contractor had carried out and material delivered to site accordance to the contract. Contractually it can be said that the money must be paid by Employer promptly of fully unless there are specific reasons for delaying or withholding it. While interim payment can be defined as provisional or short-term payments made progressively to a Contractor at weekly, bi-weekly or monthly intervals based on periodical estimated value of work that the Contractor has carried out (Siti Suhana Rosli, 2010). Interim payment is also known as progress payment or stage payment (Clause 30.2, PAM 2006). The major standard forms of construction contracts used in Malaysia namely the PWD 203A (2007), PAM (1998/2006) and CIDB (2000), contain provisions for payments to be made against Interim Certificates issued periodically by the Architects, Superintending Officer (S.O.) or Clientà ¢Ã¢â€š ¬Ã¢â€ž ¢s Representative or Contract Administrator as the case may be. The provisions give the Contractor the right to be paid upon the issuance of the interim certificate and compel the Employer to pay the Contractor the certified amount (Harban Sigh, 2003). In the event of late payment or non à ¢Ã¢â€š ¬Ã¢â‚¬Å" payment made by Employer, Contractor ma y have several option either to determine the contract, suspension of work at site or slowing down the work. There is a provision under PAM 2006 Clause 30.7 stated that Contractor has right to suspend the works until payment due is made and a written notice must be delivered by hand or registered post to Employer. While Clause 42.10 of CIDB 2000 allows Contractor to give a notice to Employer about his intention to suspend the works and if the Employer still did not made the payment, Contractor may suspends wholly or partly the works or reduce the rate of execution of works. Contractor also entitled for extension of time and if any loss or damages incurred arising from such suspension of works. In next section 2 cases of Determination by the Contractor will be discussed. DISCUSSION Case: Dataran Rentas Sdn. Bhd. v BMC Construction Sdn. Bhd. (2008) This case is between appellant (Dataran Rentas Sdn Bhd) against the decision of the High Court at Penang on a winding up petition filed by respondent (BMC Construction Sdn Bhd) against the appellant the High Court had made the following orders:- (i) that the appellant be wound up pursuant to the provisions of the Companies Act 1965; (ii) that the Official Receiver be appointed the provisional liquidator of the appellant; and (iii) that the costs of the petition be paid out of the assets of the appellant. Facts The relevant background facts leading to the filing of the winding-up petition by the respondent against the appellant are as follows: (1) The respondentà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim against the appellant is for the sum of RM173, 096.18 due and owing by the appellant to the respondent pursuant to four interim certificates issued under a building contract entered into between the two parties. (2) By a letter of award dated 29.7.1997, the appellant awarded a bu ilding contract to the respondent. (3) Pursuant to the letter of award, it was agreed that the terms and conditions of contract are as per PAM Standard Form Building Contract 1969 Edition (without Quantities) [à ¢Ã¢â€š ¬Ã…“PAM Conditionsà ¢Ã¢â€š ¬Ã‚ ]. (4) Pursuant to Clause 30(1) of the PAM Conditions read together with the Appendix, the appellant was contractually obliged to pay the respondent the amount due under Interim Certificate within thirty days. (5) The appellant has failed to pay the following interim certificates within the stipulated time stated under Clause 30(1) of the PAM Conditions. CERTIFICATE NO. DATES AMOUNT DUE 5 15.1.1998 RM 23,876.74 6 15.2.1998 RM 23,986.80 7 16.3.1998 RM 68,086.41 8 16.4.1998 RM 57,146.23 RM173,096.18 Held It was further held that, as per Gopal Sri Ram JCA, on a true construction of clauses 26(1)(a) and 30(1) of the contract, the appellants obligation to make payment on an interim certificate was a fundamental term or a primary obligation. Court order that the deposits be paid to the respondent (BMC Construction Sdn. Bhd.) to account of taxed costs. Conclusion Case: D. R. Bradley (Cable Jointing) Limited v Jefco Mechanical Services Limited (1988) Facts Jefco were main contractor for the refurbishment of Islington Town Hall. Bradley was appointed as domestic subcontractor to Jefco for the electrical installation. The subcontract between Bradley Jefco were made verbally, no specific payment terms were accepted but it was agreed that interim payment would be made. Bradley made various request for payment but none were met in full. On 29th October 1985, Bradley made another application of interim payment  £27, 140.00 and a notice was given in the event of non à ¢Ã¢â€š ¬Ã¢â‚¬Å" payment, Bradley would leave site. No payment was made and on 12th December 1985, Bradley left the site and litigation commenced. Held Underpayments by Jefco did not amount to a repudiatory breach, but the non-payment of the last application was such a breach, as it reasonably shattered Bradleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s confidence of being paid. Bradley was entitled to consider the contract at an end and to be terminated. Conclusion In the absence of express clause in the contract, non à ¢Ã¢â€š ¬Ã¢â‚¬Å" payment could give rise to a contractor or subcontractorà ¢Ã¢â€š ¬Ã¢â€ž ¢s entitlement to determine, if such non à ¢Ã¢â€š ¬Ã¢â‚¬Å" payment undermined the core of the contract. Nevertheless, in the absence of an express clause giving a right to suspend work, no such right exists in common law. The options is either to carry on working, or determine the contract as the only other remedy if the non à ¢Ã¢â€š ¬Ã¢â‚¬Å" payment à ¢Ã¢â€š ¬Ã‹Å"shatter confidenceà ¢Ã¢â€š ¬Ã¢â€ž ¢. CONCLUSION The non à ¢Ã¢â€š ¬Ã¢â‚¬Å" payment event is a common case occurred in a construction industry. In any circumstances, Contractor cannot suspend works or slow down the progress work in event of late payment or non à ¢Ã¢â€š ¬Ã¢â‚¬Å" payment. The Employer entitled to terminate the employment contract based on Clause 51 (a) (ii) PWD 203A, à ¢Ã¢â€š ¬Ã…“the Contractor fails to proceed regularly and diligently with the workà ¢Ã¢â€š ¬Ã‚  if proven Contractor slow down the progress work at site. In Kah Seng Construction Sdn.Bhd. v Selsin Development Sdn.Bhd (1997) and Canterbury Pipe Lines v Christchurch Drainage (1986), the court held that no implied of temporary suspension owing of non à ¢Ã¢â€š ¬Ã¢â‚¬Å" payment from Employer. However, in PAM 2006, and CIDB 2000, Clause 42.10 there are provision that allows suspension of work in event of non à ¢Ã¢â€š ¬Ã¢â‚¬Å" payment. There are provisions under PAM 2006 and CIDB 2000 standard form of contract allowing Contractor to determine his emp loyment in the event of non à ¢Ã¢â€š ¬Ã¢â‚¬Å" payment by the Employer. Under the common law, termination only permissible if proven repudiation of primary obligation by Employer. Reference is made to the cases of Ban Hong Joo Mines v Chen Yap Ltd (1969), and Yong Mok Hin v United Malay States Sugar Industries Ltd (1967). [1] [1992]1 MLJ 33

Saturday, May 16, 2020

Relationship Between Marriage And Marriage - 1950 Words

Marriage, or what is also known as matrimony, is a process wherein a man and a woman get legally and religiously bound by a contract. In a much simpler sense, marriage is a process wherein a man and a woman unite, establishing obligations as well as rights between them, between their children and them, and between their in-laws and them (Cott, 2000). It is important to establish early at this point that the definition of marriage can vary both contextually and operationally across cultures. In some religiously conservative countries, for example, marriage is a form of union between a man and a woman, after which certain aspects of interpersonal relationships, such as a sexual relationship gets acknowledged. Also, in those conservative countries, marriage can be considered to be a prerequisite, a compulsory requirement, before the pursuance of any physical or sexual activity. Again, because the definition of marriage may greatly vary across cultures, this definition and perception of marriage may not be applicable to countries that are not that religiously conservative (Koppelman, 2006). A case in point would be the current generation of people living in the United States. Marriage appears to be not a prerequisite before the pursuance of physical and or sexual activities between interpersonal relationships partners any longer. Reasons for marriage may also vary. Some of the most common reasons why people marry include but may not be limited to social, legal, libidinal,Show MoreRelatedRelationship Between Marriage And Marriage895 Words   |  4 PagesGrowing up, marriage had never been something that was a topic of conversation until the middle school stage. Around that age is the time where boys and girls start experimenting with dating. 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That makesRead MoreHow Marriage And Family Concepts Relationship Between Hinduism And Christianity Are Influenced By Laws Of Manu And Writings1679 Words   |  7 PagesI am going to talk about how marriage and family concepts or relationship in Hinduism and Christianity are influenced by Laws of Manu and Writings of Martin Luther. Martin Luther, a German monk, priest and theologian, is a great reformer in western church history. He focused his study on the necessity for salvation and stated that the rightness of God is the strong faith believers have. His writings hold against the corruption of Catholicism and at the meantime, describe his perspect ive in the RadicalRead MoreLegalizing Same-Sex Marriage1119 Words   |  5 Pagesâ€Å"Marriage plays a fundamental role in civil society because it is characterized by sexual complementarity, monogamy, exclusive, and permanence† (Anderson). Legalizing same-sex marriage would affect every aspect ethically and morally, resulting in an unacceptable outcome. Therefore same-sex marriage should not be considered respectable and adequate in any lifestyle. Same-sex marriage is the union between partners of the same sex, whether it is a male and a male or a female and another female. TraditionalRead MoreThe Role Of Cohabitation As A Form Of Relationship And The Reasons Why People Choose Co Habitation1250 Words   |  5 Pagesof cohabitation as a form of relationship and the reasons why people prefer co-habitation relationship to formal marriage, including its social appeal. Furthermore, the paper attempts to proffer reasons why people choose co-habitation by examining the role agents of socialization-family, peer and education and mass media play in the decision making process of people who chose this type of relationship, including an explanation of the main differences between marriage and cohabitation. Finally, theRead MoreSame Sex Marriage Across The Whole World1507 Words   |  7 Pagesregarding same-sex marriage across the whole world. Many religious institutions as well as the people under each denomination, still firmly oppos e it even after it’s legalization. â€Å"Religious denominations play a strong role in structuring attitudes about the morality of homosexuality, and support for specific policies of toleration and nondiscrimination† (Sherkat, Mattias de Vries and Creek 81). Religion continues to be a major factor towards the society’s views in same-sex marriage. It also determinesRead MoreArranged Marriage : The Union Between Two People For Better And Worse1724 Words   |  7 PagesOctober 2014 Arranged marriage Marriage is known as the union between two people for better and worse where they both love and respect each other. So what should be the right definition for arranged marriage? Simply arranged marriage is defined as, a traditional marriage that is arranged by the families of the bride and groom where both of them give their consent to be married. This type of marriage is quite common in Muslim communities, royal families (Diplomatic Marriages) and some countries like

Wednesday, May 6, 2020

N Pop And Western Music - 1005 Words

K-pop and Western music are two unique and completely opposite music genres. Originating on opposite sides of the planet, and both extremely popular throughout the world. On YouTube if the reader searches â€Å" Her By Block B† and â€Å"Heathens By Twenty One Pilots†, both have an enormous amount of views on YouTube (YouTube). Although Heathens was featured in a popular movie, Suicide Squad, which gave them leverage to their popularity. Block B did a fantastic job in popularity due to their inability of being featured in a movie. This Research paper will explore and explain the differences between the genres, including their styles and instrumental aspects of their songs. K-pop is a popular music genre originating from South Korea; within the last decade K-pop has gain popularity internationally due to the unique music style. According to Kpopoutofthebox, â€Å"Korean songs aren’t expected to have that much meaning-it’s perfectly understandable in Korea because the music only has to be catchy and upbeat.†(@Kpop,2) Within the K-pop industry, fans only look upon the sound of the instruments or the beat. For example, within the song â€Å"Her† by Block b is a wonderful example of how K-pop music is catchy: â€Å"Her! Uh Uh! Her! Uh Uh! Her! Uh Uh! Her! Uh I can’t talk Her! Uh Uh! Her! Uh Uh! Her! Uh Uh! Except for you, everyone is so plain.†(Block B-Her,6) Block B shows an extraordinary amount of what K-pop is like through their lyrics. The artists show the upbeat and catchy side of the musicShow MoreRelatedJapanese Popular Rock Music And Japanese Culture1315 Words   |  6 PagesJapanese Popular Rock Music Japanese popular music and Japanese popular culture is heavily influenced by Western culture through similar characteristics such as instruments, rhythm, style, and language. When listening to J-pop songs, most people tend to think that they might have heard these songs before despite ever listening to those songs. This familiarity is due to the fact that J-pop songs derive from many aspects of the Western music style. The individuality could come from the arrangementRead MoreImage vs Talent in Music Marketing and Success1385 Words   |  6 Pages Pop music has long been defined by â€Å"idols† and superstars that are subjects of high levels of adoration from severely devoted fans, whose love of these superstars often blurs the line between fandom and obsession. This love is mainly based off of physical looks and charm more often than actual musical talent, as majority of the songs written by these massive superstars are not written by the artists themselves, instead by peopl e hired to write for these artists in a way that will best connect withRead MoreWhat Is The Types Of Music?1587 Words   |  7 Pages What is the types of music? Music became an important thing since i was really young.It grew up with me together and it brings me a lot of things that other things can’t give me.Now,let me tell you all about what i learned from music,and my feeling with music.I found there are many different types of music.And every type of music brings listener different feelings.Types makes music totally different. If i am a narrator,then music is like a main character in my life.ActuallyRead MoreEssay about Rap Music and Teen Violence 944 Words   |  4 PagesMusic can be a reflection of our life experiences. Each genre of music invokes different emotions and reactions in its listeners. Rap has become a very popular genre of music. As its popularity has increased, some people have questioned whether it can trigger violence in teens. While some rap songs do have violent lyrics, there is no direct evidence that rap music provokes violence in teenagers. Rap music has African roots just like jazz, the blues and rock ‘n’ roll. African slaves sang songsRead MoreThe Impact Of Ray Charles On American Culture1164 Words   |  5 Pagesartists of the 1950s. The legendary musician is recognized for being a pillar in the industry, credited with making strides in desegregating musical genres. Although he composed many of his early hits, Charles is considered to be an interpreter of music, offering his distinct personal vision of many classics. Over the course of his career, which spanned five decades, he recorded over 60 albums and sold millions of records worldwide. Ray Charles was born on Sept. 23, 1930, in Albany, Georgia, andRead MoreThe Birth of Rock and Roll Music2432 Words   |  10 Pagesteachers, but music changed the decade of the 1950s. Welcome to the decade, where rock ‘n’ roll music emerged. Rock ‘n’ roll changed the world, but it wasn’t just the music. The music created a movement. People were not afraid to be different. The Birth of Rock ‘n’ roll, created a major impact on many cultures and society. When I think of Rock ‘n’ roll music, I think of the music, as a stepping stone for Americans. I think of Rock ‘n roll music as a stepping stone for Americans because the music reflectsRead MoreMusic Of The 60s Help Shape Modern Australian Society1259 Words   |  6 Pages In what ways did music in the 60s help shape modern Australian society â€Å"People today are still living off the table scraps of the sixties. They are still being passed around - the music and the ideas.† This was pronounced by Bob Dylan, a folk musician of the sixties: an era in which the music heavily influenced the culture of the time and continues to influence the music and culture today. The music and artists of the 60s influenced radio and television, the music, fashion and lifestyles of theRead MoreThe Influence of Classical Music on Modern Music1064 Words   |  4 PagesHow does the classical music influence the modern music? Classical music influence the modern music by styles`s creation, composing and rhythm ,also many artists use elements of classical music in their work, and some choose to quote or replicate it directly. For example,Walter Murphy’s disco hit â€Å"A Fifth of Beethoven† samples Beethoven’s Symphony No.5. The following picture shows The first 5 section is actually quoted from the Beethoven`s sample. It gained a great reaction. There is anotherRead MoreHow and Why Did American Popular Culture Influence Australian Society in the 1950s and 1960s? To What Extent Did Australia Develop its Own Response to these Influences?1595 Words   |  7 PagesThe 1950s and 1960s were times of unprecedented change, and Australian society was influenced greatly by American popular culture, through various mediums, such as: music, film, television and fashion. This especially affected teenagers. It will be explained how Australian society was impacted by American popular culture, and also why American popular culture had such an affect. Australian developed its own responses to these influences, and the extent of this will also be explored. The 1950s meantRead MoreSocial Issues Surrounding the Production and Consumption of Drugs838 Words   |  3 Pagesattitude during the time the drug was taken, and finally the last variable is setting which is the influence of the environment either socially or physically. Social media creates this setting through music, film and video. These media outlets alter the populations’ idea about the drugs. In western culture during the 1930 drugs such as marijuana, cocaine and opiates were seen as ‘pleasurable, mainstream and non-criminal lifestyle’ and was evident in films such as International House (1933). However

Tuesday, May 5, 2020

Manage People Performance for Coca-Cola Plant- myassignmenthelp

Question: Discuss about theManage People Performance for Coca-Cola Plant. Answer: Considerations to take place when allocating work and drawing up work plans. In allocating work, it is essential to pay attention to the goal and the objectives of the task at hand. The manager and the employee have to formulate and set goals that are realistic while being achievable within then acceptable time frames. Coca-Cola ensures that it meets its goals by producing and distributing its beverages both locally and globally by meeting daily demands of its consumers. It is also imperative to ensure that the staff is competent enough to handle the assigned task or project. The staff members must have the required skills and qualifications to complete the assigned task with minimal hitches. An experienced chemical engineer is required to work in a Coca-Cola plant to ensure that the ingredients are mixed in the right manner and correct proportions. Cost-effectiveness must be considered at all times, one of the objectives of any business entity is to maximize profits. Cost-effectiveness can only be achieved if the staff are conscious on cutting down the costs of doing a particular task while at the same time not compromising on quality for instance in a building construction company, cost minimization is paramount. Efficiency ensures that there are minimal wastages concerning raw materials used thus making sure that there is optimal production necessary for the realization of profit maximization by a company. Efficiency is therefore paramount during work allocation. Coca-Cola company ensures there is efficiency in the plastic materials it uses in packaging its beverage to minimize wastage. Also, the staff needs to have all the essential tools required in carrying out the task so as achieve the desired goals and objectives. Consultation with the relevant departments is necessary for the task requires technical expertise to avoid missing the stipulated specifications. A company like Samsung requires consultation with its clients to match the specifications of the ordered phones with the needs and preferences of the customers. Performance management system It is important for an organization to develop and implement a sound performance management system to achieve improvement in all aspects of the organization through the management of performance for teams and individuals(Juneji, n.d.). An effective management system plays a vital role in an organization by ensuring that employees fathom the importance of their contributions to the goals and objectives of an organization. It also ensures that employees understand what is required of them and equally proportionating whether employees have the required skills and expertise to fulfill such expectations. Coca-Cola, a global company, is a good illustration of how they employ performance management system in ensuring that their employees have all the skills needed to fulfill the companys expectations. Code of conduct A code of conduct is the accepted behavior that governs the conduct of workers in a company. It is important that a code of conduct has a motivating statement stating the reason why it exists in the first place and its purpose to the company(Nieweler, 2016). It is through a code of conduct that new employees understand at the instant a companys standards and expectations. The adherence to the code of conduct to the management results in a culture that is consistent with the code to grow throughout the company. A code of conduct is necessary for a company as communicates to employees that a company is responsible. Coca-Cola has this code in dressing where all employees are required to wear the company t-shirts and a badge showing their name and rank in the company, and this shows that the company is responsible. Monitoring and evaluation of work employees When it comes to managing people, lack of knowledge and information about the workplace can hurt the management. Specifically, if a manager fails to know how well or poorly the employees are performing, then such a manager may have no idea on how well to reward excelling workers(Hamilton, n.d.). Also, the manager may fail to know how to assist those that are underperforming. One of the motives behind regularly monitoring and evaluating the work of employees is to maintain the increased employee efficiency. Measuring the performance of an employee and then managing such a performance once it has been measured ensures that employees keep working at highly efficient and productive rates. Coca-Cola company gives performance measures that range from annual reviews to monthly quotas all aimed at ensuring that employees work best or face poor evaluation. Feedback and reinforcement to employees Positive reinforcement involves recognizing and rewarding behavior that is desirable in a move to encourage its continuance. The use of praise and offering incentives as part of positive reinforcement supports the continuity of the desired behavior or appreciates the effort(Joseph, n.d.). Giving feedback and positive reinforcement has been attributed to providing a sense of self-worth by making employees feel high with regards to their work performance. This is critical in cases where some departments that need improvement had been pointed in the past during performance appraisal. Again, Coca-Cola has a unique way of letting their employees know that they are making progress and that the management recognizes the efforts of such employees through giving bonus-based salaries. Systems to manage poor performance A transparent system that manages underperformance is not only good for employees but also for the business. The employers that promote best practice at workplace know and understand that performance management that is ineffective has the effect of dramatically reducing the standards of performance in a business entity. Employees that are performing exemplary well may lose the zeal and motivation needed as they are tasked with the burden of carrying the poor performance from their poor performing workmates. A good performance management system is one that embraces the culture in a workplace and gets acceptance and value from all the workers. A consistent system provides platforms for addressing arising problems and also proffer effective solutions. PriceWaterhouseCoopers(PWC) keeps on tracking the performance of its employees for consistency through personal development programs. Some of the workers that are found to perform poorly are recommended for a unique program that helps empl oyees get back on track through support and motivation. Termination policy and legislation The termination policies and the laws governing such policies is an important part to understand more so for employees who are entering into short-term contracts with their employers. This is crucial in avoiding future disagreements and misunderstanding that arise during termination. It is crucial that the company make clear guidelines and procedures to be followed and, in any case, if there are bonus packages such as pension and other benefits accrued to an employee following termination at the workplace. Also, reasons for terminating an employee should be made available by the human resource manager, and if necessary, a board should be called to convene the matter to ensure fairness in the process. According to Coca-Cola human resource department, there is a working policy that stipulates the conditions that can lead to termination of employment such as the breach of the employment policy. KPIs and KRAs A KPIs is a quantifiable measure that assesses how well a company meets its goals. Managers are at liberty to set some KPIs for their respective companies which they can employ in evaluating how employees are performing. Coca-Cola, for instance, has set quantity based KPIs that act as mini targets to be achieved by distributors. KPIs are crucial in facilitating growth in a company as targets can be measured. For instance, Coca-Cola has merchandise agents in almost all countries it operates in, and the role of the agents is to check on a daily basis if the daily targets regarding beverage products get delivered in various regions. On the other hand, KRAs entail the parameters that an organization has fixed for a specific job(The Economic Times, n.d.). A production manager from Coca Company, for instance, would have to concentrate on maintaining the budget of the production department, the safety of employees, coordinating with other departments within the company and proposing new technologies to help improve productivity. References Hamilton, S. (n.d.). Importance of Measuring Managing Employee Performance. Retrieved March 20, 2018, from https://work.chron.com/importance-measuring-managing-employee-performance-28231.html Joseph, C. (n.d.). Why Is Positive Reinforcement Important in the Workplace? Retrieved from Chron: https://smallbusiness.chron.com/positive-reinforcement-important-workplace-11566.html Juneji, P. (n.d.). Benefits of a Performance Management System. Retrieved March 20, 2018, from https://www.managementstudyguide.com/benefits-of-performance-management-system.htm Nieweler, A. (2016). Four Reasons Your Business Needs a Code of Ethics. Retrieved March 20, 2018, from https://www.whistleblowersecurity.com/four-reasons-business-needs-code-ethics/ The Economic Times. (n.d.). Key Result Areas. Retrieved March 20, 2018, from https://economictimes.indiatimes.com/definition/key-result-areas