The Scottsboro Trials Essay -- essays research papers

Imagine being a black teenager in the south amid the great depression. It was hard enough for whites to find jobs during this time; I can’t even begin to fathom what it would be like being black seeking a job. Many blacks sought hoboing as a common pastime seeing it as an adventure to get them from one small job to another. And this is where the story of the Scottsboro Boys begins.   Ã‚  Ã‚  Ã‚  Ã‚  Aboard a southern railroad car was a young black youth named Haywood Patterson. He clutched to the side of the car as it careened back and forth over the rusty tracks. Across the top of the car walked a young white man. Every time this man would walk past Patterson he would step on his fingers. Patterson finally said to the man, â€Å"whenever you need to get through, tell me and I will move my hand†.   Ã‚  Ã‚  Ã‚  Ã‚  The young man believed that he did not have to ask someone to move their hands, especially a nigger. This outraged him and he began to shout obscenities and racial slurs at Patterson. Soon after, a stone throwing fight erupted between the white hobos and the black hobos that were riding on the train. All but one white youth was forced of the train by the rocks. This white youth named Orville Gilley was pulled back on. The train itself was picking up speed and Gilley could have gotten killed.   Ã‚  Ã‚  Ã‚  Ã‚  A local stationmaster was told the â€Å"attack† by the white hobos that had been thrown off of the train. This stationmaster wired ahead to the next stationmaster to let him know of the situation. As the train slowed down and came to a stop in Paint Rock, Alabama, those that were accused of the future crime had no telling what they were going to be up against. Once in Paint Rock, 9 black youths were rounded up, tied together and taken to prison in Scottsboro Al. Here the boys were placed in a jail cell awaiting their charges. Little did they know an additional charge was going to be added that never even crossed their minds.   Ã‚  Ã‚  Ã‚  Ã‚  While in Paint Rock 2 young women greeted the Posse that came to round up the men from the train. One of these women (Victoria Price) told the posse that she had been raped by a gang of 12 blacks with pistols and knives (Linder, n.d.).They were escorted into the jail so that Victoria could point out her attackers. Here she claimed 6 of the 9 men had raped her. T... ...oys found their way out of Alabama (Linder, n.d.).Andy Wright was the last to leave Alabama in 1950. Some of the boys wrote books on their experiences. The case showed just how indifferent jurors were in the south during the 1930’s, how two women could ruin the lives of 9 men and how politically minded everyone was involved in the trial. The Scottsboro Trials was the only case in history of the US that produced the most trials, convictions, reversals and retrials. In the end this case allowed juries to be open to blacks and helped to ease racial tensions in both the south and north. Reference List Goodman, J. (1994). Stories of Scottsboro; The rape case that shocked 1930’s America and revived the struggle for equality. New York, NY: Pantheon Books. Norris, C., & Washington, C. D. (1979). The Last of the Scottsboro Boys an Autobiography. Toronto, Canada: Putnam Books. Linder, D.O. (n.d). The Trials of the Scottsboro Boys. Retrieved March 14, 2005, from http://www.law.umkc.edu/faculty/projects/FTrials/scottsboro/SB_acct.html PBS. (1999-2000). Scottsboro Timeline. Retrieved March 27, 2005, from http://www.pbs.org/wgbh/amex/scottsboro/timeline/index.html The Scottsboro Trials Essay -- essays research papers Imagine being a black teenager in the south amid the great depression. It was hard enough for whites to find jobs during this time; I can’t even begin to fathom what it would be like being black seeking a job. Many blacks sought hoboing as a common pastime seeing it as an adventure to get them from one small job to another. And this is where the story of the Scottsboro Boys begins.   Ã‚  Ã‚  Ã‚  Ã‚  Aboard a southern railroad car was a young black youth named Haywood Patterson. He clutched to the side of the car as it careened back and forth over the rusty tracks. Across the top of the car walked a young white man. Every time this man would walk past Patterson he would step on his fingers. Patterson finally said to the man, â€Å"whenever you need to get through, tell me and I will move my hand†.   Ã‚  Ã‚  Ã‚  Ã‚  The young man believed that he did not have to ask someone to move their hands, especially a nigger. This outraged him and he began to shout obscenities and racial slurs at Patterson. Soon after, a stone throwing fight erupted between the white hobos and the black hobos that were riding on the train. All but one white youth was forced of the train by the rocks. This white youth named Orville Gilley was pulled back on. The train itself was picking up speed and Gilley could have gotten killed.   Ã‚  Ã‚  Ã‚  Ã‚  A local stationmaster was told the â€Å"attack† by the white hobos that had been thrown off of the train. This stationmaster wired ahead to the next stationmaster to let him know of the situation. As the train slowed down and came to a stop in Paint Rock, Alabama, those that were accused of the future crime had no telling what they were going to be up against. Once in Paint Rock, 9 black youths were rounded up, tied together and taken to prison in Scottsboro Al. Here the boys were placed in a jail cell awaiting their charges. Little did they know an additional charge was going to be added that never even crossed their minds.   Ã‚  Ã‚  Ã‚  Ã‚  While in Paint Rock 2 young women greeted the Posse that came to round up the men from the train. One of these women (Victoria Price) told the posse that she had been raped by a gang of 12 blacks with pistols and knives (Linder, n.d.).They were escorted into the jail so that Victoria could point out her attackers. Here she claimed 6 of the 9 men had raped her. T... ...oys found their way out of Alabama (Linder, n.d.).Andy Wright was the last to leave Alabama in 1950. Some of the boys wrote books on their experiences. The case showed just how indifferent jurors were in the south during the 1930’s, how two women could ruin the lives of 9 men and how politically minded everyone was involved in the trial. The Scottsboro Trials was the only case in history of the US that produced the most trials, convictions, reversals and retrials. In the end this case allowed juries to be open to blacks and helped to ease racial tensions in both the south and north. Reference List Goodman, J. (1994). Stories of Scottsboro; The rape case that shocked 1930’s America and revived the struggle for equality. New York, NY: Pantheon Books. Norris, C., & Washington, C. D. (1979). The Last of the Scottsboro Boys an Autobiography. Toronto, Canada: Putnam Books. Linder, D.O. (n.d). The Trials of the Scottsboro Boys. Retrieved March 14, 2005, from http://www.law.umkc.edu/faculty/projects/FTrials/scottsboro/SB_acct.html PBS. (1999-2000). Scottsboro Timeline. Retrieved March 27, 2005, from http://www.pbs.org/wgbh/amex/scottsboro/timeline/index.html

Academic Success Factors: Distance Education versus Traditional

Academic settings of distance education courses are distinct from traditional college settings due to its high-tech delivery and facilitating needs of its students. The success rates of each learning arena varies by tempering degrees; distance education students must rely on self-discipline and excellent time management skills while traditional students can use their classes for corresponding reasons. Developing skills for success in distance education and traditional learning environments are up to the students’ abilities to focus on their course work. In turn, the use of college text material, technology, and self-management is essential in varying degrees between each student. Distance and traditional students are required to read course textbooks because textbooks bridge the gap between the learner and the learning experience (Cavanaugh, 2005, p.1). Books remain the number one resource for all students because students must engage in in-depth discussions to sort through materials (Adventist Distance Education Consortium, 2002, p. 4). Implementing technology support such as visual or audio delivery increases distance education learners’ experience (Cavanaugh, 2005, p.1). At the same time, traditional students are experiencing a change in course delivery as well. For example, traditional universities offer online supplement materials for their students- quizzes, email, and video tutorials (ADEC, 2002, p.8). These additions require students to use self-motivation as their learning tools, but this is not the same as distance education learners. Distance learners are responsible for persistence and greater self-discipline because they are not required to physically walk or â€Å"go† to class (Cavanaugh, 2006, p.2). This allotted time is used for other demands such as work, family, or study time. Distance learners are in a state of freedom with boundaries that enable them to learn on their own. Traditional learners are placed in their learning environment that may trigger their motivation to learn, but distance learners must use their resources since their learning environment consists of technology (ADEC, 2002, p.8). Class participation rates are higher in distance education courses because the students have more time to develop well-rounded arguments for instructor’s assignments (Cavanaugh, 2005 p.3). On the other hand, traditional students are required to answer in-class questions at that moment – this triggers some self-consciousness among students (ADEC, 2002, p.8). Distance learners have an advantage over traditional students because of this, but they must seize the opportunity to gather information and articulate in with use of technology (Cavanaugh, 2005, p.3). Traditional students’ ability to physically present their work allows instructors to notice their student’s development over the course. Instructors of distance learners must gather hard data due to the non-facing circumstances. By this, student’s assessments and growth is found through their work (Cavanaugh, 2005, p.4). In conclusion, the success of distance and traditional learners is ultimately the student’s responsibility. Both learners must seize opportunities presented by their facilities to adapt their skills to the situation for greater understanding of their material (Cavanaugh, 2005, p.4).    This is very important that facilities have the appropriate resources available for both students. The distance learner and traditional learner utilize the information given to them; e.g. delivery methods are very important in offering the student adequate support in their academic endeavors (Cavanaugh, 2005, p.4). As stated before, distance education students must use optimal self-management skills for successful results while traditional students must focus attend courses physically for their success. Reference Cites Adventist Distance Education Consortium. (2002) Distance Education Success Guide. Retrieved September 16, 2006 Cavanaugh, C. (2005). Distance Education Success Factors (pp. 1-4). USA: University of North Florida.         

Quantity Surveying in Mechanical and Electrical - Free Essay Example

Sample details Pages: 18 Words: 5274 Downloads: 1 Date added: 2017/06/26 Category Statistics Essay Did you like this example? CHAPTER1: INTRODUCTION In future the proactive and effective manage of cost, contracts, communication and claims à ¢Ã¢â€š ¬Ã¢â‚¬Å" the four Cs- will consistently become more important to developers and facilitators involved in physical structures and properties. Don’t waste time! Our writers will create an original "Quantity Surveying in Mechanical and Electrical" essay for you Create order The Quantity surveyor should understand the challenges and opportunities presented by the needs of client in relation to cost, contracts, communication and claims and perhaps focus their development on the important links between the functions. Changes and developments in the industry and market will also influence the way in which these functions are managed. For those professionals who deliver these services to the industry, the focus should be on client satisfaction and a positive experience for all concerned. Establishing a link in effectively managing the process to ensure success should be the primary aim of the manager. This should be done in close partnership with all functionaries, engaged in the process. Planning, controlling and co-ordinating budgets and cost plans, as well as communicative results will limit claims and facilitate the process of contract management. The contract should also facilitate partnerships and the system should be aimed at satisfying needs, seeking opportunity and perusing growth. CHAPTER 2: AIMS OBJECTIVES OF THE STUDY The main objective of this paper is to study the subject of value engineering (now know as value management) from QS (ME) perspective. Based on the parameters; cost, contracts, communication and claims the value engineering study is done and the challenges faced by the quantity surveyor is also discussed. The objective of the study can be summarized as follows. To study the subject of value engineering and its methodology. To study the value engineering importance in cost management and the quantity surveyors role. To study how the selection of contracts can add value to the project and the quantity surveyors contribution to that process. To study the quantity surveyors communication strategies to achieve the expected value and clients objectives. To study how the knowledge of quantity surveyor can add value (in terms of money, time and effort) during disputes. CHAPTER 3: VALUE ENGINEERING THEORY METHODOLOGY 3.1: Methodology Value engineering methodology evolved in the 1940s when the transition was made from the search for an alternative to the search for means of fulfilling the functions of an alternative. Shortly afterwards it was observed that function-oriented alterations in working methods often result in improving quality along with eliminating unnecessary cost (Palmer et al., 1996). Since its introduction, the methodology has been well developed to be applied in construction industry, as it enables realization of life cycle cost and cost effectiveness of projects (Omigbodun, 2001). VE in the construction industry is mainly an organized effort to challenge the design and construction plans of projects to provide the required facility at the lowest overall costs, consistent with requirements for performance, reliability and maintainability (DellIsola, 1988). Delays in construction projects may be due to lack of meticulously devised plans (Ghorbani and Shokri, 2005) and consequently budget deficit (M irmoham madsadeghi and Aghdami Thani, 2005). Through all-pervasive utilization of the VE methodology such obstructions may be avoided. This judgement is made on the grounds that VE can improve plans and designs along with thriftiness in budget expenditures. Researches (e.g. Mirmoham madsadeghi and Aghdami Thani, 2005) show that this negligence is often due to limited access to experts and lack of knowledge about the method and its benefits (Table 1). One may realize that these two factors may predispose VE teams towards other obstruction factors (Mirmoham madsadeghi and Aghdami Thani, 2005). This obstacle may be surmounted with recourse to artificial intelligence (AI) models. Case-based reasoning (CBR) from AI may be utilized to enhance efficiency of VE study through outlining a model of the expert knowledge for a VE workshop. The inherent analogical nature of a CBR model would facilitate access to more comprehensive and systematically classified information during a VE workshop. Inasmuch as VE in the construction industry encompasses a cognitive process, such a reasoning method could be indispensable and could affirm promising results. Furthermore, classified background knowledge of the knowledge base may enhance the creativity of the VE study team, and transform their creativity to capability from an instinctive behaviour of mind. 3.2: Value Engineering Theory VE may be defined as a creative, organized approach whose objective is to optimize cost and/or performance of a facility or system (DellIsola, 1988). The focal points of the notion are function analysis and creativity. Through defining functions and classifying them, it spots functions with more potential of increasing value. Thereafter with the creative approach alternative ideas would be recommended to replace original design. An established framework for fulfilling assigned tasks of the methodology has been defined as the VE job plan. The job plan is defined through special phases ranging from five to eight in various versions, all following the same concept (Assaf et al., 2000). A typical version, comprising five phases, is selected in this study (Philips, 2003): (1) Information phase: information acquisition, function analysis and selecting areas with poor value for detailed study. (2) Creative phase: generating ideas as an alternative to meet the requirements of an understudied function. (3) Analytical phase: evaluation of ideas and selecting the best practical ideas. (4) Development phase: developing prominent ideas and selection of the best idea. (5) Presentation phase: recommending a VE change and improvement proposal in a most challenging format. Teamwork is an essential phenomenon in the VE job plan, resulting in crossing organizational lines (DellIsola, 1988). The ideal groups for VE should embrace different disciplines (Phillips, 2003): Design groups comprising project engineers, designers, draftsmen and mainly engineers who are responsible for construction. Operators groups comprising supervisors and construction engineers. Experts in costs groups with e.g. cost evaluators and accountants. Development groups comprising construction experts, commercial and financial experts. Organizer groups such as trouble-shooters or construction managers. CHAPTER 4: MANAGEMENT OF COST 4.1: Aims Goals of cost management The basic goals of cost management and pricing of a project or product relate to the link between price and intrinsic value, affordability in relation to needs or investment, and managing the procurement process. The cost managers should therefore understand that they need to work with clients from the very inception of a project, even earlier and then through out the process to ensure the best results. This does not mean that a cost planner or cost manager is a cost cutter, far from it a cost manager should take responsibility ( with designers, client and other roll players) to ensure the interest of the client, community and environment are served ( Ferry and Brandon, 1991:5). Grover Cleveland (cited in Nel, 1992:43) stated the following about the property investment: No investment on earth is so safe, so sure, so certain to enrich its owner. However, one also has to take best value into account as well as to put available funds to best use. This includes gearing, cost design or design to cost, cost planning, cost control, architecture, location environment etc. Sound investment has proven its value, been a safe guard against ill fortune, produced income, provided security and shown itself to be away of producing wealth( Nel, 1992:43). Utilizing funds to best effect will improve these benefits even further. The cost manager needs to understand that the type of construction required for a building will also influenced the performance of the building over time, including the functional performances of the users environment (mole, cited in Venmore- Rowland, Brandon and Mole, 1991:307). The cost managers should be continuously involved from the design to the co-ordination and auditing, to ensure best cost results, specifically in commercial property, where investment is required to yield the best financial returns. Other areas of cost management that need attention are cash flow, the timing of payments, interest rates and the availability of funds at specific times. These aspects also influence the total financial outlay and eventual returns on a property investment. Kenley (2003:3) stresses the potential value of improved and strategic cash flow to enhance the profitability of the construction industry, with the further potential to offer reduced costs to the client and improved contractor performance. Cash flow forecast and management should therefore be part of the cost managers service to ensure that the developers receive the full benefits of pro-active attention. The cost managers (Quantity Surveyors) involved must go beyond a re- active service. It should also include a service that takes the following aspects of value into account. Physical: a quality building Psychological; a pleasant looking building which is good to live in, places of the soul Real quality: cost effective but with specifications that fit the purpose. Durability: taking life cycle costs and whole life cycle costs into account. Design: design to cost, cost design and appearance. Affordability: budget and returns are important. Timelessness: short term fashions as opposed to design that will withstand the pressures of current whims. The cost manager, while communicating alternatives and options to the designers and the client should remember the role of relative quality, affordability, returns, as well as the latters link to design and specification. 4.2: Quantity Surveying and cost management methods and tools Although cost management may be seen as an obvious and simple process, in reality it is not. All aspects associated with a project have a direct impact on costing and how it is managed (knipe et al., 2002: 257). The quantity surveyor is ideally placed to manage this complex process. If the methods are followed correctly and the tools used effectively, cost management may produce exceptional results. 4.2.1: Cost Design This process is based on design aimed at satisfying the parameters dictated by cost, cost of acquisition, operation and management. The process may also be described as cost design where such design is defined as designing a project in economic terms, taking into account the cost and cost benefits of each element of the project in an effort to balance the interrelationship of all cost elements and the reason for its existence ( Knipe, 2002:276; Verster and Berry 2005:20-40). 4.2.2: Value Management Value management is a systematic approach and process earlier referred to as value engineering, to ensure delivery of a function or product at the lowest cost without detriment to quality, performance or reliability (Ashworth, 2004: 409-421; Green 1992). Value management is a continuous process that should occur throughout the project but is most effective when implemented right from the inception of the project. More over, it should also include the following aspects: Orientation: Understanding the issues Information: Identification of functions, needs, budgets, project constraints and timing. Speculation: The creative development of ideas and alternatives Analysis and evaluation: Elimination and filtering of ideas. Development: Examination in detail Selection: The final proposal Conclusion: Presenting the findings to the client. Value management is one of the effective tools available to quantity surveyors who are in a position to play an important role in ensuring that the client and designers actually consider all value and cost related aspects of construction, design specification and development options. 4.2.3: Cost Planning Cost planning is used to ensure that the developer knows in the early stages of a project what the anticipated final cost of the total development may be, including the cost of land, legal issues, demolitions, buildings, professionals, furniture, connections, tax, financing and management. Building cost is only of the items, but the quantity surveyor should include all costs in the cost plan of the final cost. The cost planner should have a clear understanding of cost and budget targets to enable him to adjust the developer about possible future over-runs and pro- actively to provide alternative solutions (Ferry and Brandon, 1991:9). One of the most effective tools that the quantity surveyor uses to assist with the planning and design process is the elemental cost plan. The theory behind the analysis of building costs per element is that the total cost is a sum of the cost of individual so- called elements such as walls, roofs, foundations, etc ( Morton and Jaggar, 1995:41-43). 4.2.4: Cost Control Linked to auditing, cost control is an activity that is aimed not only at reactive reporting of decision results, but also at accounting for the decisions and visions of the client and advising the client how best to achieve desired outcomes (Knipe et al., 2002:257). Cost control happens through out the deployment process, from the briefing stage to completion. 4.2.5: Cost Checking This process is necessary to ensure that the client is always informed about the actual performance of the building in cost terms in relation to the budget or cost plan. The actual cost of each element or section of the building as the detailed designs are developed is checked against the cost target or cost plan, or specific elements in the cost plan( Seeley, 1983:14). 4.2.6: Cost Analysis Cost analysis supports the quantity surveyors service to the client and can provide the quantity surveyor with useful cost information and data. The forms of cost analysis are identified by Ashworth (2002:69), namely; Identification of major cost items Analysis of the annual user cost of building ownership Identification of those groups of items(elements) of cost importance 4.2.7: Cost benefits analysis The aim of cost benefit analysis is to establish the real benefit of expenditure not only in financial terms, but also in terms of time and energy expended by human resources, and the social benefits (Ferry and Brandon, 1991:12-13). 4.2.8Life cycle costing The life cycle costing also known as cost-in- use describes the modelling techniques aimed at coping with the mixture of capital and running cost of buildings and effect on ownership of a building. The quantity surveyor must be very sensitive to the influence of all cost factors so that the client receives advice that is practical, applicable, timely and effectively 4.2.9: Cost reporting The Quantity surveyor must ensure that continuous, accurate cost information, analysis, cost results and cost influences are reported to the client and design team. 4.3: Conclusion Using the above tools, techniques or methods and implementing them effectively will result in a better product at a better price with lower maintenance cost and an increased return potential over a long period of time. Money is the most limited resource and the challenge is to utilize it optimally. Though the quantity surveyor is ideally positioned continuously to play an active role, he should also be more involved in strategic decisions to empower clients even more. CHAPTER 5: CONTRACTS AND THE QUANTITY SURVEYOR 5.1: Aims and goals of construction contract A contract is a document that spells out the rights and obligations of parties and the administration of this interaction while protecting the parties against the risks that emanate from various relationships, action s and production. Many alternative ways to procure contracts exist, but experience has shown that a partnership approach as opposed to a two -sided procurement method is preferable. The secret of success may be in the organization of rights, obligations and administration, in such a manner that mutual support by the parties and effective professional service to the contracting parties are important factors to be included in the contract. Although the legal systems in countries are very specific to each country, there are important aspects that need to form part of any construction contract in any country ensure harmony, the parties understanding o f duties and the effective administration of obligations: Objectives: Offer acceptance and performance Preparation: Documents Design responsibility Agents Site representation Regulations Works risk Indemnities Insurances Securities, guarantees etc Execution: Preparation Access to the works Access to the works Setting out of the works Assignment Nominated and selected sub contractors Direct contractors Completion: Practical, works and final completion Defects liability periods Sectional completion Revision of dates Penalties Payments: Interim payments to the contractor Adjustments Recoveries Final accounts Cancellation: By the employer or the contractor and the rights related to Default and disaster Disputes: Litigation, arbitration, adjudication and mediation. The above headings taken from an agreement show the general terms that should be included in a construction contract, but one needs to remember that many project- specific variables also need to be included in the agreement. The contract documents, apart from drawings and specification, should also include the following: Preliminaries the management of the contract Trade preambles basic standard specifications Bills of Quantities depending on the method of procurement used, but compiled in accordance with an acceptable and agreed standard. Guarantees. 5.2: Procurement options Although the quantity surveyors service is traditionally linked to the production of bills of quantities, the profession has evolved to play a pro-active role in any procurement alternative and contractor selection process. Once the quantity surveyors service, in relation to pre-contract cost advice , is concluded, the very important next service phase of procurement advice and action should be addressed. Basically, procurement can be divided into two main alternatives, these are: Price-in-advance methods Cost-reimbursement methods Various other procurement methods for diverse needs and reasons are used, such as cost plus, construction management, design and manage, and measured term contract. The primary considerations for contractor selection or procurement, however, are the following: the influence of cost, time and design as well as the clients needs and budgets. For this reason, the quantity surveyor may promote the multi-procurement method to enable the client to control the effects of time and cost, continuing to allow space for sustained design, development, effective professional service and contractor involvement. The method relives on producing procurement documents timely, on a provisional basis, based on provisional design information. This enables the procurement of a main contractor who will manage many other selected or nominated sub -contractors who will be procured during the development of the building, as detailed information becomes available. The secret of this method is that mutual unders tanding and a very close working relationship between all role players must exist. The quantity surveyor performs a very important task in the execution of the project. 5.3: Conclusion The proper selection of an appropriate procurement method and the introduction of effective contract terms that will enable the contracting parties to focus on the work at hand should derive from pro-active, knowledge -based advice to the client, taking all aspects and circumstances of the proposed project into account Contracts, ensuring a partnership approach and imposing order on the rights and the obligation in proper manner, generally cover all risks and ensure effective contributions by the client, contractor and professionals. CHAPTER 6: THE MANAGEMENT OF COMMUNICATION 6.1: The goals of a communication strategy 6.1.1: Contract communication Contract terms should be communicated to parties and people involved so that they have no or little doubt about the meaning of words or terms. For this reason, the following aids are used by courts to interpret contracts: Avoidance of absurdity Upholding the contract or clause as opposed to ineffectual or void interpretations Equitable interpretations The intention s of the parties The recitals are subordinate to the operative part of the contract The grammatical meaning of the words used The contract will be interpreted as a whole in respect of the purpose and scope The technical meaning of words The written contract itself as opposed to verbal explanations It is clearly understood that the contract guides the official communication related to rights, obligations and administration of the contract and by all the parties involved. It is therefore important that the quantity surveyor should understand all issues related to contract communications. 6.1.2: General communication In the information era, however, the strategic resource is information, knowledge and creativity. There is only one way a corporation can gain access to these valuable commodities through people its most important resource (Naisbitt and Aburdene in Puth, 1994: 25) The above quotation illustrates how important it is to work with people, not only informally but also formally by means of contract documents, and in the process communicate well with them. People are the most important resource and thus the most important aspect and source of success. 6.2: Communication using management and leadership methods While contract communication is generally used as a formal and official communication method to ensure that the rights and obligations of parties are protected and enforced, management and leadership communication, as an approach or method, are very important elements in ensuring results. 6.2.1: Management communication Management communication is the number one problem in business today. While technology has advanced in leaps and bounds, managers and academics understanding of the substance of the process. Communication is seen as the life-blood of organizational management; therefore, the manager and professional must have an adequate knowledge of the nature and role of communication although it is difficult to do well or understand the influence of communication (Ewing in Puth, 1994: 3). The effective communicator should have a well-founded understanding of substantive transformation as a basic approach. Management is inherently a problem-solving job ( Whetten and Cameron in Puth, 1974: 109), indicating the importance of communication while obvious criteria for solving problems are expertise, knowledge, skills and experience , using sound management principles to transmit function -and- outcome expectations. 6.2.2: Leadership communication Leadership is based on communication. Leaders communicate not only information, but also attitudes and assumptions (Emshoff and Denlinger in Puth, 1994: 146). Since professionals often find themselves in leadership positions where clients and other parties rely on their expertise and skills, the professional must also be able to communicate and be concerned with: Coping with change Understanding competition and markets Be able to inspire followers Be a good example and influence people to achieve goals Emshoff and Denlinger in Puth (1994: 147) suggest that many corporations today are over-managed and under-led. Professional leadership is needed and should be the concern of all professionals. Autry and Mitchell (1998: 214) suggest that a wise leader should embrace the paradox of: By not forcing, he leads By not dominating, he leads By not leading, he leads Leadership asks for communication with subordinates, partners, professionals and other functionaries. Leadership is expected of any professional because of his position, knowledge and pro-active service. The lessons to be learned from the above are that communication is not forceful, not dominating, but accommodating. 6.3: Conclusion Colin Bower warns against a specific form of leadership, in his words: Leadership is never a neutral value à ¢Ã¢â€š ¬Ã¢â‚¬Å" far from it, it polarizes and divides he continues the cult of leadership is not more than the most thinly and inept disguised cloak of tyranny. He argues that we do need leaders in battles and expeditions, but because of these times, it should not mean that they are always needed and that leaders fudge issues and paper over cracks by substituting evangelical qualities for good organization, agreed objectives and rational propositions. He concludes with an idealistic picture of competent individuals acting as his or her own leader (Bower, 2005: 2). It remains clear that leadership could be all of the above, but that effective communication and partnerships with individuals may lead to success. CHAPTER 7: MANAGEMENT OF CLAIMS AND DISPUTES 7.1: The goals of claims and dispute resolution The goals o f claim and dispute resolution are firstly to establish the right of any party to submit a claim, and secondly to enable the other party to consider the claim in terms of its validity, contractual terms and possible outcome. Lodging or considering a claim do es not mean that a dispute exists, but should the rejection of a claim occur, a different interpretation of a claim exist, a difference of opinion obtain, one has to note that a dispute may then be lodged. Dispute resolution should then assist the parties in resolving such an impasse in a cost effective, satisfactory and timely manner. 7.2 The methods used to resolve disputes For the purpose of this paper, the methods to be discussed are cancellation, adjudication, mediation and arbitration. 7.2.1 Conciliation In an effort to resolve a dispute, satisfactory results are never guaranteed, not even in a court of law. It is therefore perhaps important to use inexpensive ways and methods to try and resolve a dispute. Results have shown that conciliation does have a remarkable measure of success in regard to solving differences before they can become disputes. The parties decide who the conciliator will be. The conciliator should, however, be a person with good communication skills and knowledge. The objective is to bring the parties together in a forum to investigate their contentions and assist the parties to formulate their own settlement, by indicating the consequences. Improved communication should be ensured through joint and separate meetings. The conciliator may also be requested to formulate an own opinion. In the end, parties are still left with the option to continue with litigation or arbitration. Conciliation, however, has the following foci and advantages: Control the parties control the process Consensus the parties aim at the best commercial solution Continuity the relationship will continue Confidentiality- no harmful public exposure The following diagram illustrates the difference between litigation and all ADR (Alternative Dispute Resolution) processes: The quantity surveyor, with good communication skills is ideally positioned to play an important role in respect of conciliation because disputes usually revolve around payments, valuations, certificates and penalties. 7.2.2: Adjudication Adjudication is an accelerated form of dispute resolution in which a neutral, impartial and independent third party deals with the dispute as an expert and not as an arbitrator, and whose determination is binding unless and until invalidated or overturned b y an arbitration award. The adjudicator shall not give advice to the parties or their representatives concerning any aspect of the Agreement in respect of which he has been appointed other than in accordance with stated Rules[Joint Building Contracts Committee (JBCC) 2005 4.1 Adjudication rules, cl. 1.1, 3.2] The procedure may be as follows: Either party shall submit full details of a dispute arising in terms of the agreement, together with copies of all relevant documents The other party may submit a written response The adjudicator shall: act as an expert and not as an arbitrator adopt the most cost and time -effective procedure The adjudicator may also: convene and conduct a hearing determine the payments and costs of the dispute on the basis of the submitted documents only meet with the parties decide on his own jurisdiction make use of specialist knowledge open up documents related to the dispute refuse admission to any persons other than the parties It is important to note that a n adjudication award is not binding on the parties, but is most definitely a process that will limit the costly processes of arbitration and litigation. Quantity surveyors and cost engineers are ideally positioned to play a very active role in adjudication. 7.2.3: Mediation Mediation means different things to different people, but in the construction industry, it usually denotes a procedure in which a neutral third party seeks to resolve a dispute between contracting parties, by conducting an enquiry, similar to arbitration, but less formal and by giving a non -binding opinion. The parties represent themselves without calling in legal professionals. The mediator should know the details of the dispute and should give each party the opportunity to state their case. The mediator should decide which procedure is the best, based on circumstances. Quantity surveyors often perform mediation tasks for clients or other parties, be it informal as a quantity surveyor mediator or formal by appointment. However, in terms of many contracts (JBCC series 2000, Ed. 4.1), the parties shall agree on the appointment of a mediator and meet with the mediator in an effort to reach a settlement. If a settlement is reached, the mediator shall record such an agreement which shall become binding on the parties on the signing. 7.2.4 Arbitration In some countries, arbitration is a process provided for by an act of law, adopted by parties through mutual agreement stipulating that they will submit any dispute that may arise between them to the impartial judgement of some third party of their choice and that the award by this impartial person will be final and binding. Arbitration is not a new process; in fact, it was know n to the Romans, used by the Dutch and English in the days of colonial expansion and is currently widely used in the construction industry and further a field. Arbitration is a more formal process than the dispute-resolution processes mentioned earlier, but arbitration has many advantages. Some of these are: Expert knowledge of a selected arbitrator possible savings in legal representation costs Flexibility of the process The decision is final and binding Time and money are saved Arbitration is a private matter Quantity Surveyors perform or can perform an important role in arbitration, as cost advisor, expert, representative, witness or even arbitrator. 7.3: Conclusion A knowledgeable professional, utilizing the claim- and dispute -resolution met hods available to best effect, may assist the parties by means of these methods, to save money, time and effort. Quantity surveyors may be in a good position to assist the parties and professionals in this manner, because of their knowledge and skills in relation to determining costs, tariffs, rates, prices, certification, contract terms and contract related communication. Chapter 8: References 1. Ashworth, A. 2002. Pre-contract studies: Development economics, tendering and estimating. 2nd Ed. Oxford: Blackwell. 2. Ashworth, A. 2004. Cost studies of buildings. 4th Ed. England : Pearson Prentice Hall. 3. Autry, J.A. Mitchell, S. 1998. Real Power: Business lessons from the Tao Te Ching. New York : Riverhead . 4. Bower, C. 2005. The myth of leadership needs to be debunked. Business Report, November 5. Browning, D.C. 1982. Dictionary of quotations and proverbs. New Jersey: Chartwell books. 6. Computerized system for application of value engineering methodology. ASCE Journal of Computing in Civil Engineering, 14(3), 206à ¢Ã¢â€š ¬Ã¢â‚¬Å"14. 7. DellIsola, A.J. (1988) Value Engineering in the Construction Industry, 3rd edn, Smith Hinchman Grylls, USA. 8. Emshoff, J. Denlinger, T. 1994. Beyond management: mastering the art of leadership. In :Puth, G. 1994. The communicating manager. Pretoria: Sigma Press. 9. Ewing, D. 1994. Communication and management. In: Puth, G. The communicating manager. Pretoria: Sigma Press. 10. Ferry D.J. Brandon, P.S. 1991 Cost planning of buildings. 6th Ed. Great Britain: BSP Professional Books. Ghorbani, A. and Shokri, A. (2005) Value engineering and management of claims in construction projects. Paper presented at the 2nd National VE Conference, Tehran, Iran, November. 11. Havard, T. 2002. Contemporary property development. London: RIBA Enterprises. 12. Joint Building Contracts Committee (JBCC), 2005. Principal building agreement. Houghton: Joint Building Contracts Committee Inc. (Series 2000 Code 2101), March. 12. Joint Building Contracts Committee (JBCC), 2005. Adjudication Rules: for use with the JBCC Principal Building Agreement Nominated / Selected Subcontract Agreement. Ed . 4.1, cl. 1.1, 3.2, 6.0-7.0, Houghton: Joint Building Contracts Committee Inc. (Series 2000 Code 2109), March. 13. Kenley, R. 2003. Financing construction: Cash flows and cash farming. London : SPON Press. 14. Knipe, A.,Van der Waldt, G.,Van Niekerk, D., Burger, D. Nell, K. 2002.Project management for success. Cape Town: Heinemann . 15. Mirmohammadsadeghi, A. and Aghdami Thani, M.R. (2005) Studying obstacles in utilization of value engineering in construction industry of Iran. Paper presented at the 2nd National VE Conference, Tehran, Iran, November. 16. Mole, T. 1991.Building Maintenance policy: Nebulous nevertheless necessary In: Venmore- Rowland, P., Brandon, P., Mole T. Investment, Procurement and Performance in Construction. Proceedings of the First National RICS Research Conference held at Barbican Centre, 10-11 January 1991. London: E FN SPON. 17. Morton, R. Jaggar, D. 1995. Design and the economics of building. London : E FN SPON. 18. Naisbitt, J. Aburdene, P. 1994. Task management to people management. In: Puth, G. The communicating manager. Pretoria: Sigma Press. 19. Omigbodun, A. (2001) Value engineering and optimal building projects. ASCE Journal of ArchitecturalEngineering, 7(2), 40à ¢Ã¢â€š ¬Ã¢â‚¬Å"3 20. Palmer, A., Kelly, J. and Male, S. (1996) Holistic appraisal of value engineering in construction in United States. ASCE Journal of Construction Engineering and Management, 122(4). 21. Nel, N. 1992. Think Tall: Real estate has created more wealth than gold, diamonds or any other investment. Pretoria: Executive Living. 22. Peter, L. 1991. 5,000 Gems of wit and wisdom: Memorable quotations for all occasions. London: Treasure Press. 23. Philips, M.R. (2003) Manual for 40-hour; Module-I; Value analysis training workshop, Value Management International, Tehran, Iran, February. 24. Seeley, I.H. 1983. Building economics: appraisal and control of building design cost and efficiency .3rd Ed. London: MacMillan Press. 25. Whetton, D.A. Cameron, K.S. 1994. Communication, problem solving and decision making. In: Puth, G. The communicating manager. Pretoria: Sigma Press, p. 109-123. 26. Willis, C.J., Willis, J.A. Ashworth, A. 1996. Practice and procedure for the quantity surveyor. 10th Ed. London: Blackwell Science.

Arthur Andersen Failure to Report Accurately Essay

Enron Corporation has been accused of cooking the books and overstating company profits in its financial reports. In addition, Enron’s trading business adopted mark-to-market accounting, which meant that once a long-term contract was signed, income was estimated as the present value of net future cash flows, even though in some cases there were serious questions about the viability of these contracts and their associated costs. Author Andersen provided both consulting and auditing services which created an inherent conflict of interest. On one hand, Andersen was auditing an Enron financial recording system and strategy based for the most part on the advice of its own consultants. Evidence eventually surfaced that some internal†¦show more content†¦In addition, when news of Securities and Exchange Commission (SEC) investigations of Enron were made public, Andersen attempted to cover up any negligence in its audit by shredding several tons of supporting documents and deleting nearly 30,000 e-mails and computer files. James Bodurtha, Jr., argued that leading up to the downfall of Enron, the primary motivations for Enrons accounting and financial transactions seem to have been to keep reported income and reported cash flow up, asset values inflated, and liabilities off the books. (Bodurtha, James N., Jr. (Article, Spring 2003) Arthur Andersen was accused of applying reckless standards in their audits because of a conflict of interest over the significant consulting fees generated by Enron. The auditors methods of reviewing the financial transactions were questioned as either being completed solely based on receiving its annual fees or simply a lack of expertise in properly reviewing Enrons questionable accounting practices. The accountants looked for new ways to save the company money, including capitalizing on loopholes found in Generally Accepted Accounting Principles (GAAP), the accounting industrys standards. An Enron accountant revealed they attempted to aggressively use the GAAP document to their advantage and added that the large number of rules had created the opportunity to manipulate the weaknesses of the system, whichShow MoreRelatedEnron Corporation : The Enron Scandal Essay1172 Words   |  5 Pagescompany . However, in some cases auditors can fail to recognize – or intentionally ignore – misleading data within a company’s financial statements, leading to negative outcomes for lenders and investors. 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Today, Enron Corporation is most widely known for their 2001 accounting scandal, which led to the biggest audit failure and largest bankruptcy in American history. After Mr. Jeffrey Skilling, Enron’s President, was hired, he began to build up a staff of top executives that were able to conceal billions of dollars of debt the company had incurred from failed projectsRead MorePossible Exam 310042 Words   |  41 Pagesrestrictions and regulations on the investment banking industry starting in 1999. FALSE 3. For the most part, the credit ratings granted to mortgage-backed securities did not accurately reflect the true risk of the securities. TRUE 4. In hindsight, most observers agree that Enron’s problems were caused by a failure of the board of directors to exercise adequate oversight. TRUE 5. Although The Board of Directors is responsible for approving the hiring of auditors, they are not responsible

Political Ideologies On Current Day Topics That Are...

Growing up, I was raised in a white, conservative, upper-middle class, Christian home. At a young age I listened and asked questions to what my parents and family members were discussing when the news came on, normally politics. As I got older and started thinking more for myself I did research on what actually I was blindly agreeing with just because that’s what my parents believe. I came to the conclusion that my ideology was similar to theirs. It wasn’t until about sophomore year in high school that I started questioning every topic that came up in politics or society. Slowly my heavy conservative feeling became less. Today I still declare myself as a conservative, but not extreme and do side with some liberal views. When getting ready for this paper I came across the article â€Å"Conservative vs. Liberal Beliefs† from the Student News Daily. In this paper I will discuss my political ideologies on current day topics that are disputed between politicians and m embers of society. 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Organizational Resources and Capabilities Tools

Question: Discuss about the Organizational Resources and Capabilities Tools. Answer: Introduction: An analytical approach is a form of corporate strategy, also referred to as rational approach which depends on the development of a chronological system of steps or procedures. In other words, this stratagem involves a systematic linear thinking and ought to be combined with an emergent approach to be effective. An emergent strategy, on the other hand, is a type of organizational strategy which relies primarily on instinctual thinking, leadership, and erudition. It is seen as a fragment of management and again should be combined with an analytical approach for it to be successful. This paper aims at analyzing the advantages and disadvantages of planned or analytical and emergent approaches to strategy. To bring this concept out successfully, I will embed my arguments in Makkah Construction Development Company, one of the best performing corporations in the Middle East headquartered in Saudi Arabia. Analytical/planned approach As Macredie, (2008) points out an analytical strategy involves a clearly enunciated vision and concomitant plans with a presence of proper control mechanisms to execute them in a stable foreseeable or manageable environment. From this argument, it is evident that there are three characteristics of an analytical strategy. A typical company often has a precise mission which is articulated in an unambiguous manner to keep all stakeholders on the same page. Since its inception in June 1989, Makkah Construction Development Company has had the purpose of operating predominantly within the Real Estate Sector concentrating entirely on Diversified Real Estate Activities and emerge the market-leader in this particular sector. Moreover, there exists a mutual organizational intention among various stakeholders at every level. All employees in Makkah Construction and Development (4100) are committed to achieving the companys set goals and objectives. These shared-intentions as Heisig, (2002) sup ports, should be accomplished regardless of any environmental force. Various team players in our firm of interest place quality above every other aspect, sometimes at the expense of earnings. In analytical approach, managers execute a strategy, state it precisely and endeavor for its viability in the competitive environment without considering any external factor compelling them to alter their plan. In other words, it is non-responsive to external influencers such as government policies, changes in customer choice or emergence of new technology. However, it is clear that this phenomenon cannot be applicable in the modern business environment considering various factors such as competition, national financial crises, and other adverse economic conditions. In short, organizations usually operate in an environmental setting with various influencers which they have no control over, and as such, purely analytical approach is not logical (Kevrekidis, Frantzeskakis, Carretero-Gonza?lez, 2 008). Vision can deliver a holistic view of organizations path, with opportunity for adaptation that is the final vision can come up in the course of the journey itself (Kelly Booth, 2004). In an emergent strategy, stakeholders' feedback and comments are welcome on firm's previous undertakings, threats, and opportunities and hence the organization's vision is refurbished and developed again. Besides, in emergent approach, flexibility to an adaptation of external business influencers and distortion of threats into opportunities are fundamental. We can, therefore, take this as a bottom-up strategy, an essential constituent of the analytical approach since it ensures that information from all aspects of the company is incorporated in the decision-making process (International Symposium on Environmentally Conscious Design and Inverse Manufacturing, Umeda, 2012). In Makkah Construction Development Company, for instance, information in various departments flows freely, and managers make decis ions by putting into consideration all inputs. In analytical approach, formal plans and precise intentions are pre-determined before starting the journey, and the business strives to achieve its purpose without considering the impact of external environmental factors. On the other hand, in emergent strategy, businesses are adaptable to emerging threats and opportunities, and it is quite responsive to external inputs. For a planned approach to be successful, the business must operate in a perfectly predictable environment where it has full control over. Organizations which advocate for an emergent approach anticipates for significant changes in the future of the business, and as such, they are flexible enough to adapt to new operation mechanisms depending on the prevailing business environment. The rational strategy assumes a controllable and predictable environment which as (Swayne, Duncan, Ginter, 2008)say is almost impossible to have in the modern high-tech and ever-changing business world. In emergent approach, business activ ities need to be conducted consistently over time with a significant view of what is transpiring in the external environment of the firm. Implemented strategies should be open, responsive, and flexible to adjustments in the course of the business life. The rational approach, on the other hand, is non-responsive and strategies advocated for tend to be rigid and only focusing on what the organization has control over (Ginter, Duncan, Swayne, 2013). Practical Experience and These Approaches I was working as a BGDM (Business Growth and Development Manager) in Alinma Bank Stock Company when the regional government instructed them to execute rigorous preventive measures to alleviate the impact of the 2010 credit-crisis exposure. The company's vision was at a very high echelon, and the business opportunities and threats seemed unknown and as such as we progressed we considered input from our environments, for instance, Bank's stakeholders and government regulatory bodies. We later used their feedback and input to formulate our vision in the course of the journey. Had we opted for an analytical approach, it would have failed, because we did not have any clue about the external business factors. Besides, the course of the ground situation was unpredictable, and as well we had no hint on the best measures to implement and circumvent the impact of credit crisis in our business. Both external (cyber-attack and government monitoring) and internal factors (readiness of the bank st aff and anxiety of possible job loss) challenged us. The staff members advocated for a planned approach where decision-making process could not require any external input and the business could thrive without considering the impact of external influencers. We first motivated them and promised them any strategy that the management will make will not affect their privileges neither will it influence their occupation rights. After that, we gathered their feedback, arranged workshops to brainstorm on the jeopardizing issue of credit-crisis, and we unanimously turned this threat into an opportunity, and our Programme was recommended by the already motivated staff. A pragmatic strategy requires a company to combine both analytical approach and emergent approach at the same time. Leaders at this point are able to establish a vision to direct their subjects and initiate a path to accomplish the business goals. It is of paramount importance for the implemented strategy to be highly sensitive and responsive to the external influencers in the course of the journey. We can argue that both stratagems have some concomitant drawbacks but their significance in the journey to succeed cannot be underestimated. However, it depends on the situation at hand and the business domain too (Siim, Mokre, 2013). In a manufacturing company such as aircraft and automobiles industries or even in insurance or banking domain, planned approach is applicable since these sectors function in a Bureaucratic structure where Standard Operating Processes are adhered consistently with a diminutive scope of invention. Once an analytical approach is executed, people follow unquestionably the laid down mandates and rigorous supervision implemented to accomplish the pre-determined objectives, and they are not hindered by any external factor (Roberts, 2015). Emergent strategy is being enhanced as time elapses is in association with and accommodating the varying authenticity. Pavarini, Autumn School Correlated Electrons. (2013)maintain that it is a front-line tactic as it tends to resolve definite problems. In this contemporary unpredictable, swiftly-evolving, boundary-less business environment, it is essential for organizations to be more responsive to attain the competitive-edge over contestants in the industry. This aspect makes emergent strategy more practical and advantageous in a slow-growth market as well. References Ginter, P. M., Duncan, W. J., Swayne, L. E. (2013).Strategic management of health care organizations. San Francisco, CA: Jossey-Bass, Wiley. Heisig, G. (2002).Planning stability in material requirements planning systems. Berlin: Springer. International Symposium on Environmentally Conscious Design and Inverse Manufacturing, Umeda, Y. (2012).Design for innovative value towards a sustainable society: Proceedings of EcoDesign 2011: 7th International Symposium on Environmentally Conscious Design and Inverse Manufacturing. Dordrecht: Springer. Kelly, L., Booth, C. (2004).Dictionary of strategy: Strategic management A-Z. Thousand Oaks, Calif: Sage Publications. Kevrekidis, P. G., Frantzeskakis, D. J., Carretero-Gonza?lez, R. (2008).Emergent nonlinear phenomena in Bose-Einstein condensates: Theory and experiment. Berlin: Springer. Macredie, R. (2008).Modelling for added value. London: Springer. Pavarini, E., Autumn School Correlated Electrons. (2013).Emergent phenomena in correlated matter: Autumn School organized by the Forschungszentrum Ju?lich and the German Research School for Simulation Sciences at Forschungszentrum Ju?lich 23-27 September 2013 ; lecture notes of the Autumn School Correlated Electrons 2013. Ju?lich: Forschungszentrum Ju?lich, Inst. for Advanced Simulation. Roberts, A. J. (2015).Model emergent dynamics in complex systems. Siim, B., Mokre, M. (2013).Negotiating gender and diversity in an emergent European public sphere. Swayne, L. E., Duncan, W. J., Ginter, P. M. (2008).Strategic management of health care organizations. San Francisco, CA: Jossey-Bass.

Of Mice and Men by John Steinbeck free essay sample

An examination of the relationship between George and Lennie in John Steinbecks Of Mice and Men. This paper gives a character sketch of the two main characters George Milton and Lennie Small, discusses their dependencies on each other and determines how their characters affect the plot and flow of the story. One important point in establishing the importance of George and Lennies character in the story and their dependence on each other is through their character sketches. George Milton was illustrated in the novel as small and quick, dark of face, with restless eyes and sharp strong features while Lennie is described to physically big in form and is said to be as big as a bull (Planet Papers 2002). George may be small in physical stature, he compensates for his deficiency in built by possessing the mental ability to think rationally and logically, which Lennie obviously does not have, since he was a mentally-challenged individual. We will write a custom essay sample on Of Mice and Men by John Steinbeck or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Lennie, although unable to comprehend complex ideas and thoughts, has a special ability to care and love for those people who value him for whatever he is, and George is evidently the only person who cared for him despite his mental deficiency and shortcomings in character.