Generic Design and Construction Process Protocol (GCDPP)

Generic Design and Construction Process Protocol (GCDPP) 1.0 Introduction The construction industry is a large and complex industry comprising many types and sizes of organizations and a diverse range of professionals and other representative bodies. Consequently, the biggest problem is conflicts in the industry between both clients and contractors and the contractors and their sub contractors (Cooke and Williams, 2009). This most often is as a result of non-clarification of roles or breach of the contract procedures by one of the parties because of lack of communication and co-ordination. Poor productivity and quality within the industry have also been attributed to lack of advance management of the processes by both Latham (1994) and Egan (1998). Professional bodies have therefore introduced various plans of work as attempts to facilitates processes within the industry. In this report, the updated RIBA plan of work which was designed by British architects was employed to plan the execution of a project (CTG) from appraisal to completion. Alternative maps for the same project were produced using the Generic Design and Construction Process Protocol (GCDPP) which was developed in 1995 in other to identify the potential benefits and problems that might be encountered in the use of the process protocol. 2.0 Current plan of work 2.1 Context The Department of Business Innovation and Skills (DBIS) intends to construct a new project, Centre for Technology in Government (CTG), which is a 250,000 square feet facility built to house world class super computers and nuclear weapons design staff. The building site is located in Liverpool, UK and the allowed budget for the project is ÂÂ £50,000,000. The client had explicit goals and therefore appointed a cross-functional team from the start to translate the needs into a design brief. The cross-functional team, after the conceptual design stage, identified various functional and operational requirements (FORs) which were grouped by room type. These FORs became the basis for requests of proposals that resulted in design and build contract 2.2 Procurement method It is important to briefly explain the procurement method used to execute the CTG project because the procurement method and type of contract employed will have implications on the plan of work (Clamp et al, 2007 p 32). Single stage tender (assumption) design and build contract was used; the client, DBIS selected CTG to execute the project because of the business relationship they shared as well as the fact that, the constructor was needed at the design stage to give advice on the constructional method and buildability of the concepts. The client-led design ended at the conceptual stage (RIBA stage C) and the contractor was therefore provided with conceptual designs. 2.3 RIBA Plan of Work The Plan of Work (RIBA, 1997) was originally published in 1963 as a standard method of operation for the construction of buildings, and it has become widely accepted as the operational model throughout the building industry (Kagioglou et al, 1998). It was developed from the view point of the architect to provide a frame work for a standardised method of operation for the design, construction and management of buildings (Poon et al, 2003). This plan of work was developed to meet the needs of the traditional forms of contract and breaks down the entire construction into 5 key stages. There key stages are further broken down into 11 sub-processes as shown below 2.4 RIBA plan of work in GC Ltd There is, however, a slight variation to the work stages primarily because of the procurement method (Design and Build) used. This is because the cross functional team assembled by the client produces conceptual designs that were grouped into FORs which formed the basis of the request for proposals. Detailed designs (RIBA stage D) and technical designs stage (RIBA stage E) were produced by the contractor before tender action while production information stage (RIBA stage F) proceeded after mobilisation stage (RIBA stage J). Figure 2.1 shows the plan of work used in executing the project from the perspective of the constructors which is seen to differ slightly from the plan of work in appendix 1 Figure 2.1 Adoption of RIBA plan of work for Contractor Appendix 2 shows the detailed mapping of each of the above sub processes. 2.4.1 Preparation As a constructor, the first stage of involvement was to review the employers (Department for business innovation and skills) conceptual requirement that has already been identified with the cross-functional team. The constructor (GG ltd) receives the conceptual brief containing the FORs by room type and also confirming key requirements and constraints as well as the Construction (Design and Management) Regulations. The in-house quality management procedures that will be applied on the project is determined. These culminate into the contractors brief. Since GC ltd already has an in- house design team, they assist in the preparation of the contractors brief. The construction company at this stage appoints one of its in-house staff to act as the CDM co-ordinator. During the review, some questions may arise, especially concerning site conditions and operational hazards. It is the responsibility of the contractor to provide all such information to the design team and the CDM co-ordinator. The design team advises on the need for additional consultants for the project. Documents that will accompany the tender submission are identified and the pre-tender programme drawn up. This process in mapped out in detail in appendix 2. 2.4.2 Design development Once the conceptual designs are fully reviewed and understood by the contractor and his team, he authorizes the final layouts. The design team then develops the project brief into developed designs including, the structural elements, the services systems and the general architectural layout. The initial cost plan is updated and the CDM co-ordinator ensures that all health and safety regulation have been considered at this stage. 2.4.3 Technical design This is the last stage of design development before production information is prepared. The detailed designs are produced and all approvals obtained including that of building regulations. The health and safety file is updated by the CDM co-ordinator and the cost plans and cash flows also updated by the quantity surveyor. The stage D report will form the basis of the tender documents. This process in mapped out in detail in appendix 2. 2.4.5 Tender action Once the detailed developments are obtained, the contractor with the CDM co-ordinator prepares the draft initial construction phase plan. The quantity surveyor advises on the preliminaries, the contingencies and the work sequences and proceeds to prepare the contract sum analysis. The CDM co-ordinator, the quantity surveyor and the other design team members contribute to the stage report prepared by the lead consultant. The report includes all the documents intended to be used for tendering. The contractor checks the report to ensure compliance and the tender documents are submitted. The submitted tender documents are evaluated by the employers agent and any queries responded to by the contractor and his team. Once the contract is awarded to the winning firm (GC Ltd), there is negotiation between the employers agent and the contractor before final adjustments are agreed. 2.4.6 Mobilization The employers agent confirms to the client that the contractor (GC ltd) has been duly selected. The contractor is then appointed and the tender documents become the contract documents with certified copies sent to the contractor. His insurances for the project are checked by the employers agent. The site is handed over the contractor and he proceeds to develop his initial construction phase plan with his team and the CDM co-ordinator. Statutory approvals and other detailed planning permission are also obtained. 2.4.7 Production Information The final proposals are translated into precise technical instruction for pricing and construction purposes, which is the preparation of detailed drawings, schedules and specifications. The health and safety file is finally updated by the CDM co-ordinator. The contractor, the design team the quantity surveyor and the CDM co-ordinator reviews all process to ensure compliance with brief and procedures. 2.4.8 Construction This is where actual construction of the CTG building takes place in accordance with contract agreements. Further information is supplied to the contractor as and when deemed necessary. At this stage the contractor, his team and sub contractors are typically involved. 2.4.9 Rectification period After construction to practical completion, final inspections are done and the project is handed over. The contract document allows the contractor to be paid half the amount in the final certificate with the other half released after a predetermined period (6 months), defects liability period. Within which all faults and problems are corrected by the contractor. 2.5 Appraisal of RIBA in CTG project The RIBA plan of work was one of the first expressions of building process by members of the building team (Poon et al, 2003) and has been tried, tested and accepted. It has been widely adopted as the basis of calculating consultants fees as well as gives a vivid description of work stages (Clamp et al, 2007). Adopting design and build as procurement route while employing the RIBA plan of work in the CTG project resulted in hybrid process which improves the plan of work especially in the area of flexibility and eliminates sequential flows which, Sheath et al (1996) argues that, have caused problems of fragmentation and poor co-ordination between project team members. CTG, as a project that will house the designing and testing of nuclear weapons, it requires the involvement of all major stakeholders, as such the client, DBIS assembled a cross-functional team including the contractor, in order to better identify his needs and requirements and identify any possible constraints on development and eventually produce a holistic brief. The adoption of the cross-functional team approach had the advantage of improving co-ordination and communication from the design stage throughout to the project (Kagioglou et al, 1998). It was also necessary to involve the constructors early in the design phase in order to eliminate any claims and counter claims for costs, quality and time between the various parties of the contract (Gunaskaran and Love, 1998). This will ensure buildability and reduce the incident of rework and waste in the design process and construction process. Having established the cross-functional team, weekly meetings were held to review all aspec ts of the design. Since it is a single stage tender, it became the responsibility of the contractor to produce the developed designs and technical designs prior to tender action. In order to facilitate the continuous review of the design by the cross-functional team, the contractor broke the technical design into mini phases as follows; all layouts and setting outs, pile caps and ground beams, structural steel work, substructure, super structure, detailed security services and services systems. There were series of reviews and the final review was during the tender action. Once the contract was signed and mobilisation got underway, the production information was produced concurrently. Construction commenced immediately mobilisation is complete. Daily visits by the cross functional team ensured co-ordination and team work all through the construction. RIBA plan of work guarantees flexibility in the basic outline, in that it can be modified to suit any form of procurement used by simply re-arranging the sub processes (Clamp et al, 2007). The RIBA plan of work, 2007 appears to be very elaborate an simple to understand and use because it maps out the main process at the higher level indicating the sub processes and the outputs at each stage. The details of the sub processes can also be mapped out indicating the activities involved and the parties responsible for those activities. Finally the adoption of the design and build and employing a cross-functional team ensures better understanding of requirements, better translation to drawings, more effective and efficient construction process devoid of any conflicts and unnecessary variations eventually leading to a satisfied client and a satisfied contractor. In every building contract there is some degree of risk (Clamp et al, 2007). Balance of speculative risk will lie almost wholly with the CTG contractor in this project with the client bearing the conceptual risk which involves matters that are key to operational efficiency such as scheme. All the major disadvantages that have been associated with RIBA; linear fashion (Jamieson, 1997; Cooper et al, 2004), lack co-ordination and communication (Sheath at al 1996, Kagioglou et al, 1998), buildability issues and biasness towards the architect (Poon et al, 2003) have been catered for by the adoption of the design and build procurement system as well as the introduction of the cross functional team (including the contractor) at the very beginning of the CTG project. However there are still a number of issues that remains unresolved and primary among them is the absence of a mechanism to transfer all the knowledge that will be shared by the entire CTG project team to similar projects in the future because both success and failure can offer important lessons for the future (Kagioglou et al, 2000). Finally, throughout the entire project, subcontractor and suppliers are only involved from the mobilisation stage (RIBA J) 3.0 The Generic Design and Construction Process Protocol 3.1 Background The Generic Design and Construction Process Protocol (GDCPP) was funded by the Engineering and Physical Science Research Council (EPSRC) under the Innovative Manufacturing Initiate (IMI) and undertook by the University of Salford with a leading number of industrial partners, including clients, architects, contractors, subcontractors, consultants, suppliers and IT specialists during 1995-98 (Lee et al, 2000). The main aim of this project was to develop a Generic Design and Construction Process Protocol for the construction industry by considering the lessons learnt through a number of decades in manufacturing New Product Development (NPD). This was achieved by comprehensive reviews of the construction and manufacturing industries, interactive workshops with the project industrial partners, case studies in the manufacturing and construction industry and other research and data collection tools and techniques (Aouad et al, 1999). There are eight key principles involved in process protocol for process as follows which are originated from manufacturing process. Whole Project view, a consistent Process, Progressive Design Fixity, Co ordination, Stakeholder Involvement team work, Feedback, Process Flexibility, Customisable Process. (www.processprotocol.com). The model identifies the various activities involved in the complete execution of the project as well as the responsible parties produced on a horizontal- X and vertical Y axis respectively resulting in a form of a responsibility matrix. The parties responsible for activity within each phase can be a single person, a firm or a complex network of people (depending on the size of the project) who have been grouped in to activity zones. Consequently, eight (8) activity zones have been identified by the model and are listed below Development Management Project Management Resource Management Design Management Production Management Facilities Management Health Safety, Statutory legal Management Process Management Change Management The design and construction process (X- axis) have been broken down into 10 distinct phases. These 10 phases are grouped into 4 broad stages: Pre-Project, Pre-Construction, Construction and Post-Construction. (www.processprotocol.com). These 4 stages are briefly explained below 3.2 Pre-Project Stage The Pre-Project Phases (0-3) relate to the strategic business considerations of any potential project which aims to address a clients need. Throughout the Pre-Project Phases the clients need is progressively defined and assessed with the aim of: Determining the need for a construction project solution, and Securing outline financial authority to proceed to the Pre-Construction Phases (Cooper et al, 2005 p 76) These phases have been mapped out in detail in appendix 4 Phase zero: Demonstrating the Need Phase one: Conception of Need Phase two: Outline Feasibility Phase three: Substantive Feasibility Study Outline Financial Authority 3.3 Pre-Construction Stage At this stage (4-6), the defined clients need is developed into an appropriate design solution through a logical sequence, with the aim of delivering approved production information (Cooper et al, 2005 p78) These phases are listed below have been mapped out in detail in appendix 4 Phase four: Outline Conceptual Design Phase five: Full Conceptual Design Phase six: Coordinated design, Procurement Full Financial Authority 3.4 Construction Stage The Construction Phases (7-8) is solely concerned with the production of the project solution. It is here that the full benefits of the co-ordination and communication earlier in the Process may be fully realised. Potentially, any changes in the clients requirements will be minimal, as the increased cost of change as the design progresses should be fully understood by the time on-site construction work begins (Cooper et al, 2005 p78). The phases involved are listed below. Refer to appendix 4 for detailed maps Phase seven: Production Information Phase eight: Construction 3.5 Post-Construction Stage Upon completion of the Construction Phase, the Process Protocol continues into the Post-Construction phases which aim to continually monitor and manage the maintenance needs of the constructed facility (Cooper et al, 2005 p 80). This is the last phase of the model Phase 9: Operation Maintenance 3.6 Gates There are gates (soft and hard) in between the phases mentioned above. Soft gates are review points during the process which require a decision to be made, but does not require the temporary overhaul of the whole project until a decision to proceed is made. They enable concurrency while hard gates are review points during the process which may require the temporary overhaul of the project until a decision to proceed is made. (www.processprotocol.com). 3.7 Applying the GDCPP to the CTG project The backgrounds of the construction parties are very variant and they therefore have varying skills, it is therefore critical that parties understand and appreciate the interdependence and responsibilities of one another (Poon et al, 2003). However contract-led restrictions of previous models have prevented the involvement of the various parties in the early stages of the project life (Cooper et al, 2005). The GDCPP aims to improve co-ordination of the entire design and construction process (Lee et al, 2000) and try to address the key areas of the process that have been identified for improvement. The first benefit of adopting the GDCPP in the CTG project in that, it extends the recognized construction industrys involvement beyond completion (cooper et al, 2005) and therefore covers the entire lifespan of the project as can be seen in appendices 3 and 4. This will increase the commitments of all parties to the contract especially the contactor and the sub contractors as they continue to bear some contractual risks within the project even after practical completion. Moreover, risk and value management starts right at the beginning of the project and runs through all the phases as can be seen in appendix 3 and in more detail in appendix 4. This has been absent from the RIBA plan of work. Since the client, the cross-functional team, contractors, subcontractors and suppliers are involved at an early stage, there will therefore be a complete identification of all possible risks and hence an early adoption of strategies to mitigate them. With a project of CTGs nature, variation of requirements at any stage will have serious cost implications on the project, as such the introduction of phase reviews (as can be seen on appendix 3) which aim at reviewing work in each phase and approving progress to the next stage while employing the hard or soft gates is an added advantage. This will assure high quality of work performance (Kagioglou et al, 1998). The backbone of the successful execution of the CTG project will be a good relationship between parties (Jamieson, 1997; Cooper et al, 2005). More often than not, problems have ranged from litigation, lack of trust, lack of communication and lack of knowledge sharing between parties as they have perhaps never worked together probably will never do again (Lee et al, 2000). Therefore the involvement of all stakeholders and using strategic partnering arrangements will allow involvement of all parties from the requirements capture phase as shown on appendix 3 and this fosters a te am environment and encourages appropriate and timely communication and decision making (Lee et al 2000) and because stakeholders are identified, their responsibilities will be explicitly identified. Feedback is an important concept which aims to regulate and improve performance (Poon et al, 2003). The inclusion of the legacy archive with the process protocol is an added advantage. It gives the players within the industry an opportunity to draw from the success or failures of past projects upon which the current or future projects. Furthermore, the adoption of standardised deliverables assist in smooth project delivery as every team knows what is to be produced and at what stage. This is the only way continuous improvement can be sustained. However, the first problem that will come to the mind of members of the construction industry is the extent of involvement of IT in the process. Poon et al (2003) argue that, apart from describing the activities in the map, it is also necessary to use multiple computing skills, which include electronic data interchange, artificial intelligence, integrated databases, inter/intranet application and document management systems in order to analyse activities. The whole set of activities might seem cumbersome and too complicated for non-computer literate users. The roles of the process management and change management activity zones seem to lean much toward the activities and roles of the project manager within the context of construction. Therefore, there could be conflict of responsibilities within these activity zones as they operate within the project. This is the case because of the fundamental difference between construction and manufacturing in relation to the product, the processes and the tracking of changes that occur. Though the process protocol is generic and has the advantage of flexibility, it is quite difficult to fit the protocol into an ongoing project because it has its own definitions and terminologies which could possibly result in confusion if blended with the terminology of the one going project. 4. 0 Production activities An activity is a well defined task in a project which usually requires a certain amount of time to complete and absorbs a portion of the projects financial budget (Waller, 2002). In the CTG project, there are many production activities, however, casting the foundation have been chosen for appraisal 4.1 Casting the foundation A cross functional process map shown in appendix 5 is used to depict how a typical foundation slab within the CTG project is cast indicating the processes cutting across several functions. According to the transformation theory, the emphasis is on the translation of the concrete into the foundation and slab (Koskela, 2000). However, in order to ensure the foundation is cast according to the drawings, checking/inspection is done intermittently as can be seen on the map, this brings us to the flow model: there are waiting, inspection and moving together with the transformations (Koskela, 2000). This is so because, once the formwork in place and the foundation is cast, it has to be inspected. As depicted on the map there are such inspections which involve, waiting and moving as the entire foundation is cast. The effect of these is the eventual extension to the time required to execute the particular operation. There are some non value-adding activities that are important, an example being the time allowed for the concrete to harden before the forms are struck and preparation of the excavated surfaces after excavation. There are other non-value adding activities that need to eliminate an example being the time spent in undertaking all these inspections. In order to improve the efficiency of this process, focus should be on the elimination to the non-value adding processes. 5.0 Conclusion The RIBA plan of work still has its advantage of simplicity and adaptability to various procurement methods. However the GDCPP proves to be more holistic in its approach towards customer satisfaction. The GDCPP is easily adopted in the CTG project primarily because of the size and complexity of the project. The cost that may be incurred through implementation of the protocol will be offset in the communication, co-ordination and team work which will eventually be created. This may however not be the case in relatively smaller projects. The introduction and sustenance of the protocol will fail due to poor process change within companies and will even fail more should managements try to adopt shortcuts by expecting individual workers to execute new working practices without training. Effective implementation and adoption of the protocol requires continuous training and education. This training needs to start from management level down to the last worker.

Hate crimes :: essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  Victims of hate crimes vary in the indiscretions placed against them, whether it is from a simple slander to a vicious attack. But they all have the same mutual notion that the crimes that were committed against them are far above other crimes because they were carried out in hate. I believe that the idea of creating a separate punishment for crimes of this nature is absolutely nonsensical and inane in theory.   Ã‚  Ã‚  Ã‚  Ã‚  In the attached article, it states that â€Å"Congressional negotiators stripped a measure to strengthen 1960s-era hate crimes law from a massive defense bill, likely killing for this year the effort to broaden hate crimes protections for gay people and the disabled (Reuters, 2004).† This action, for some, it a disappointment and a big step back in their movement. â€Å"Backers of the hate crimes legislation, a top priority for gay rights and disabled advocacy groups (Reuters, 2004)† seem more interested in intensifying punishment that is only against them. Such cases that they believe deserved intensification are those like â€Å"the dragging death of a black man named James Byrd in Texas (Reuters, 2004)† and â€Å"the fatal beating of a young gay man named Matthew Shepard in Wyoming (Williams, 2004).†   Ã‚  Ã‚  Ã‚  Ã‚  But I believe the ideals that those kind of people are fighting for is a futile effort and a lost cause. Singling out crimes and criminals with the addition of â€Å"hate† has no added value in the context of the crime. A crime that has been committed in the essence of hate is only as valid as a crime that is not completely perpetrated out of hate. And yes, a hate crime is seen as more debauched in our growingly politically correct society, but under the scrutiny of law it should not be seen as a special crime in need of special punishment. In our legislation we should not make a special needs section to satisfy the victims of intolerance.   Ã‚  Ã‚  Ã‚  Ã‚  In our society everything and everyone is suppose to be equal, and in classifying two different murderers as one being a hate murderer and the other simply a murderer is not acceptable. Now I am not trying to defend murders in my accusations but rather am trying to make a point. Crimes that are committed out of intolerance of one’s beliefs or actions are no different than a crime that is committed out of pure pleasure per se.

Get Back to Work! :: essays research papers

A couple of months ago, my company installed a system to record the phone calls of certain employees. They set the recorder to record only the employees who have outside contacts with customers, regulatory boards, or contract personnel. The company implemented this system to resolve conflicts, clarify positions, protect the integrity of the company’s contracts and verbal commitments, and provide for sales and customer service training. Naturally, this did not go over well with some of the employees who thought this was an invasion of their privacy. Some of the employees started using their cell phones or other company phones to make their personal calls. Others would complain to their coworkers and supervisors about the company’s disrespect for their privacy. I believe that employees should not be bothered by the fact the company is recording their phone calls because the phones are company property and employees are being paid to work. Employees seem to believe that their assigned phone is their phone and they can do with it as they please. It is a privilege to have a phone and employees seem to take their phones for granted. The company is paying for the phones and providing them to their employees for business purposes. It follows the same principles of the computer; employees should not browse certain types of web pages and the company can actually record Internet activity and other computer activity quite easily. Legally, nothing employees do on their phones is private and privacy is not implied. Employees also should not be making personal calls that are not appropriate. If an employee is talking about inappropriate subjects they should not be talking about it at work, period. If the employee does not want their conversations recorded, they should not have them at work. Employees could use their cell phones to negate the recording system, but people will know that they are on a personal call. They can also go to another desk to make their personal phone calls, but this would mean that they are not working. While at work, employees should be working on their assigned tasks. Of course, I am not saying that they should not be able to do some personal activities. Employees should be able to take breaks, gossip with coworkers, take care of personal business, and make personal phone calls, but these activities should be limited and should not disturb an employee’s performance.

Health vs Wealth

WHICH IS MORE IMPORTANT A Introduction: The present civilization is very conspicuously marked by the two words ‘health’ and wealth’. We are the inhabitants of this civilization. This world is going on ceaselessly. The course of this world is obvious and non-stop. The above two words convey a significant role in our daily life. In comparison to health and wealth it is very difficult to decide which one is more important. But from my point of view I think health is more important at every stage of our ongoing life. Basically there are lot of logic behind both the importance of health and wealth. But I think the logic behind health is more reasonable for its importance in our life. I believe this is because health is often taken for granted. Only when someone has become serious ill do people realize the true importance of their health and the health of their friends and family. Overview on health Health: Being physically healthy is of prime importance in life. Being ill or not feeling well can drastically affect your work. Obviously, if you feel physically and mentally healthy, you can be more productive. A person can be said to possess good health when he is free from any sort of physical or mental disease. This then becomes the most priced possession for man and something that even money can’t buy. Money can buy you medicines but it can’t buy you health just like money can buy you books but it can’t buy you knowledge. It has been scientifically proven that being physically active provides a seemingly endless number of overall health benefits to all of us. If we have health, we probably will be happy and if we have both health and happiness we have all the wealth we need. Health and intellect are two blessings of life. Happiness lies first of all in health. So, nutrients are directly related with energy and energy is essential for health. In order to achieve and maintain good health there is a certain guide of do’s and don’ts that you have to follow some activities. They are having sufficient and nutritious food, doing regular exercise, having proper sleeping habit etc. all these habits will result to a good health or a healthy person. Again some bad habits (Such as smoking, drinking, having junk food etc) are forbidden in order to have good health. 0verview on wealth Wealth: It is the ability of fully experiencing life. It is true that wealth will not make a person good, but there is nobody who wants to be poor, just for being good. And as Benjamin Franklin says â€Å"Wealth is not his, that has it, but his that enjoys it†. However, there is a tendency of large number of people to run after wealth. They work to gather more and more wealth. In this process they ignore their health. They do not take care in eating food at the right time. In the process of gathering more wealth, they also undergo a lot of stress. So many people spend their health in gaining wealth and then spend their wealth to regain their health. Without wealth it is not possible to have luxurious life. Although luxurious life can not bring happiness in life, most people are willing to have it. Again to have a better and higher education wealth is essential. Though wealth can’t make us happy, it is very essential to maintain a modern society and culture. Nowadays people are becoming very stylish. In order to follow modern fashion, style and technology wealth is essential. Above all I can say though wealth helps to maintain society and culture, but it can not make us fit. Health is More Important than Wealth Two things which are always on our mind are Health and Wealth. They are of utmost importance to all of us. Health and Wealth decide the quality of life we lead. If we want to lead a happy life, wealth and health are both important. The present civilization is very conspicuously marked by these two words ‘health’ and wealth’. We are the inhabitants of this civilization. This world is going on ceaselessly. The course of this world is obvious and non-stop. The above two words convey a significant role in our daily life. In comparison to health and wealth it is very difficult to decide which one is more important. It is very difficult to decide whether ‘health’ or ‘wealth’ is more important as both of them have enough logic behind their importance. But as I found more strong logic behind the importance of ‘health’ my opinion is â€Å"Health is more and more important than wealth†. Thus, it stands to reason that health leads to happiness much more than wealth. Therefore, health is more important than wealth. secret to happiness: I’ve noticed that people who are truly content with life are enthusiastic with what they do. This enthusiasm, along with good health, is the key to being happy. It also leads to self confidence and fulfillment in life too. It may also lead to success, wealth, and achievements. money cant buy happiness: Sure, there are a lot of people who enjoy earning money, yet they might not have much money or not be happy with their money that they already earned. I have a particular greedy friend who fits this description perfectly. I noticed that these types of people have much more satisfaction talking about how much money they earned, overtime hours collected, or money saved; rather than just being happy with their money. As a result, I think that the happiness from greed of wealth is very temporary, because greedy people can never have enough money. Health’-Precious gift of Allah: Health is the precious gift of God. However, it is our responsibility to take certain steps to make best use of this gift because a deteriorating body and mind is something that snatches away the charms of life. The charms of life are contained within the perimeters of maintaining good health. We all have seen movies and real l ive events where people are fighting for freedom. It is however important for us to understand that with freedom comes along with responsibility. When freedom is gained and that responsibility is not undertaken then injustice prevails. Much in the same way you are responsible for your own health. One does have the freedom of choice to live as they want but their physical bodies have rights over them. These rights must be accounted for by the individual if he is wants to be considered as a just person. It is highly naive to place the responsibility of maintaining good health on your doctor. Sure, there are a lot of people who enjoy earning money, yet they might not have much money or not be happy with their money that they already earned. I have a particular greedy friend who fits this description perfectly. I oticed that these types of people have much more satisfaction talking about how much money they earned, overtime hours collected, or money saved; rather than just being happy with their money. As a result, I think that the happiness from greed of wealth is very temporary, because greedy people can never have enough money. There are other types of people who are very materialistic. I have several friends that c ontinuously buy new toys (such as a new car, computer, camera, electronics, etc. ) and lavish entertainment expenses (such as vacations, dinner at expensive restaurants, etc. way more often than their actual needs or long term affordability. These people always appear to thoroughly enjoy their new toys yet continuously have little or no savings. Unfortunately, their new toys quickly become not so new any more, and a new toy is needed to feel temporarily happy again. In actuality, this is more of a distraction from the really important things in life, and not true happiness or contentment. Therefore, money can not buy happiness. True happiness is what people do with their life, their family, their friends, and everyone’s health. Money is a means to do more and live longer, yet quantity is seldom better than quality. Depression: When serious people concentrate mostly on serious issues that are mostly out of their control, they tend to become more depressed. Decision Making: When someone is full of stress, worry, anxiety, and depression, they are less clearheaded to think logically and carefully. Furthermore, these people tend to accomplish less too, since they are so preoccupied. Boredom: Serious individuals tend to become more bored with mundane tasks. They prefer to work on more important tasks and solve problems instead. Some example: ?When you feel ill, you stay in bed. You can get up and perform a few essential tasks, but that zaps your energy and slows your recovery time, but if they must be done because no-one is looking after you, then that is how it is. ?Now, if you were a Gangster, losing your health would cost you a lot, unless you were Mafia Boss. ?If you were a ruler of any kind, Queen, Company President, etc. you might get away with it, but you would still be worrying about some vassal or other trying to cheat you, and that costs a lot in recovery points too. As a super-productive person, such as one who needs to be physically fit or mentally alert all the time, no health equals no chance. If an athlete became seriously ill, it would be a big blow, if not an end, to his or her career. ?Without our health we are nothing, even normal folks can't work when they are sick, or more importantly can't enjoy life. And their families and friends suffer a lot too; that all costs. ?When you are ill, y ou use up your power points by turning them in them into healing energy. And you use up more points trying to help your loved ones cope with your condition. Or trying to still stay in your â€Å"game† whether that be business, farming, whatever! Nobody is happy; there is no positive wealth coming in, and things just get heavier and harder (poorer) until you recover. ?The saying is not about catching the odd cold or having flu, but you can see for yourself how zapped you become under those conditions. ?It has more to do with serious disease, mental, spiritual and emotional, as well as physical. That is when it makes sense. Conclusion: The present civilization is very conspicuously marked by the two words ‘health’ and wealth’. We are the inhabitants of this civilization. This world is going on ceaselessly. The course of this world is obvious and non-stop. The above two words convey a significant role in our daily life. In comparison to health and wealth it is very difficult to decide which one is more important. But from my point of view I think health is more important at every stage of our ongoing life. Basically there are lot of logic behind both the importance of health and wealth. But I think the logic behind health is more reasonable for its importance in our life. In the world we see men who have a lot of wealth but they are not happy. Though they have a luxurious lifestyle but they couldn’t have a peaceful and normal life. It is proven that happiness does not come always through luxury. It is also seen that their wealth has brought luxury but has driven away their happiness. On the other hand a poor man like a beggar or a rickshaw puller or a day labor who has a sound health may be contented and may taste happiness in their life. They are not the slave of wealth rather they remain happy with what ever amount they have earned. They can enjoy a sound sleep at night because they do not have any exces THE END

Humanism during renaissance

Renaissance is a term used to describe ‘rebirth' (in French), which began in Italy in late middle age and then spread to other parts of Europe. During the Renaissance people to question the Scholastic methods of that time and their questioning resulted as the birth of humanism. Humanism goes along with secularism in the sense that it makes humans beings, not God, the centre of attention. People began to do things because they enjoyed them rather than for God's glory. It was responsible for the change in the medieval education system, emphasizing on rational and racial thinking.Humanism emphasizes on the importance of knowledge, as well as on the potential of the individual and civil responsibility. This concept of humanism became the core of renaissance style. It was in this age that people began to reason and think rationally. Even the term used for the Renaissance philosophers, ‘humanists', shows how the focus of the people's attention had shifted from Heaven and God to this world and human beings. Individualism takes humanism a step further by saying that individual humans were capable of great accomplishments.Renaissance philosophers saw humans as intelligent creatures capable of reasoning (and questioning the authority) rather than being mindless pawns helplessly manipulated by God. Humanism profoundly affected the artist community and how artists themselves were perceived. The medieval mind viewed artists as humble servants whose talent and ability were meant to honor God. This is evident in the work of medieval artists adoring churches and cathedrals. Renaissance artists, in contrast, were trained intellectuals – well versed in the classical and mathematical principles.And the art that they created reflected this newfound perspective. In art, linear and aerial perspective developed and artists considered their canvases to be windows to the natural world. Their task became to portray the natural world as realistically as possible. Renai ssance art portrayed the human body as a thing of beauty in its own right and not like a medieval comic strip character whose only reason to exist was for the glory of God. People were often conceived as nudes covered in real fabric rather than the medieval concept of clothes with a head and ands showing.Painters eliminated extra features and details so that the viewer's attention would focus on the theme of the painting rather than be distracted by details. Paintings became balanced and started to express emotions. During the middle age, saints in paintings wore halos around their heads; saints would also look larger in size than the humans. As humanism became popular the size of the saints began to look more human, halos became fainter and then eventually disappeared. The media of art evolved as well. Early paintings were usually done with egg tempera, which dried fast and created a flat rough surface.Oil paint was introduced in the early 1 5th century, and became immensely popula r as it dried slowly and was translucent, allowing light to shine through the paintings. Humanism freed remarkable individuals and geniuses such as Leonardo ad Vinci to live up to their potential without being held back by the medieval society that discouraged innovation. Other ways in which individualism is seen during Renaissance is that the artists started signing their paintings, thus showing individualistic pride in their work.During the Renaissances, architects trained as humanists helped raise the status of their profession from skilled laborers to artists. Renaissance architecture shows clarity as it emphasizes on clean lines, geometrical shapes, symmetry, and was very systematical. When comparing the Gothic architecture and the renaissance architecture, the Renaissance architecture seems to be more practical in terms of height, and spacing. As in the classical world, Renaissances architecture is characterized by harmonious form, mathematical proportion, and a unit of measur ement based on human scale.Patrician man The drawing is based on the ideal human proportions with geometry described by the ancient Roman architect Vitreous. He describes the human as the principal source of proportion among the classical orders of architect. The image of the man exemplifies the blend of art and science during the Renaissances. An example of the proportions found in the Patrician man – The drawing the length of the outspread arm is equal to the height of a man, from the hairline to the bottom of the chin is one tenth of the height of the man, and from below the chin to the top of the head is one eight of the heights of the man form.Above the chest to the top of the head is one- sixth of the height of the man form and from above the chest to the hair line is one – seventh of the height of the man. The maximum width of the shoulder is a quarter of the height of the man. Temple fronts. His keen understanding and observation of classical architecture is al so seen in the Church of Santa' Andrea in Mantra. The columns in this building are not used decoratively but functional as lord bearing support. For Albert', architecture was not Just creating building but to give a meaning.

Movie Rental Industry

Movie Rental Industry Netflix and Blockbuster Case Analysis Lydia Floyd Strategic Management MGT422 February 28, 2013 Introduction Netflix competitive strategy In order for Netflix to understand were the business lies as it relates to the competition it is important to seek the correct strategy in order to be and stay competitive. The five competitive strategies are * Low- Cost * Broad Differentiation * Best-Cost * Focused niche based on low cost * Focused niche based on differentiation Since each strategy requires totally a different approached my recommendations will be based on focused niche based on differentiation.Netflix originally offered DVD’s on a fee per DVD basis and eventually branched off into the monthly subscription service business. The company at one point was forecasted to have over 11. 3 million subscribers by 2009 and 8 million VOD (Video on Demand) customers by 2013. (See Exhibit 1) This exhibit basically shows how the number of video streaming choices has increased over the past several years. So the company is moving in the right direction as far as broaden their differentiation strategy.The next exhibit shows how Netflix compares to the its main competition and how the company’s net profit margin exceeds a competitor like Blockbuster. The attached SWOT analysis for Netflix mentions some very important points that are associated with a focused differentiation strategy. The company is staying committed to how to service the niche better than the competition and speaks to the areas that appeal to specific customers such as offering services that allow subscribers to go back to pilot episodes of a television series.This analysis will allow the company to identify areas to concentrate on strategically and to make a final diagnosis to where the company stands overall. Strengths * Increasing competition per member viewing is on the * Customers’ opting out is the lowest it has ever been. * Clearest brand identity â€Å"Watc h TV shows & movies anytime, anywhere† * Netflix has surpassed the competitions in improving personalization of customer choices because of large membership base * Price $7. 99 per month * Exclusive Content: Of Netflix's top ten TV shows, six are only on Netflix, and not available with competitors. Netflix's DVD subscription service is extremely profitable, with contribution margins around 50%. * Services allow customers to go all the way back to the beginning of the first season for TV shows Weaknesses * DVD subscriptions are down 8. 47 million subscribers in Q3, 2012 compared to 13. 81 million subscribers 1 year ago. * Brand suffered when the company changed the pricing * It could take three years for a full brand recovery in order to see noticeable difference to profit margins * Streaming subscription contribution margins are much Opportunities International expansion (global) * Original productions offer a way for the company to connect with customer emotions. Company will be offering 4 TV series this year that will only be on Netflix * Lack of use of debit and credit cards – Latin America. * Internet TV. Threats * As Hastings pointed out, â€Å"With big markets comes competition† – There is a clear transition from linear TV to Internet TV and competitors want in on the profits. * Contracts with Disney, Sony, and Universal * Hulu, offers its customers TV shows immediately after they are aired for the first time. Hulu, Amazon, and HBO competitors making more investments in streaming options * United Kingdom is a very competitive â€Å"The sought after competitive advantage over other movie rental competitors was to deliver compelling customer value and customer satisfaction by eliminating the hassle involved in choosing rent and returning movies. Grow forward the company has 2 primary strategic objective 1 to continue to grow a large DVD subscription business and to expand rapidly to internet based delivery of content as that mar ket segment developed. (Case page c-102) The company’s revenue has continued to grow substantially over that last couple of years. The next exhibits show the financial position from the end of 2006 to end of 2008 going from 996,660 to 1,364,661 with the net income margin being at 6. 1% by 2008 which shows the company profitability as it relates to expenses and liabilities. The next two slides just give a visual for where Netflix compares to blockbuster as it relates to sales thru 2010Reference Page Thompson , A. University of Alabama 2008 Case 5 Competition in the Movie Rental Industry in 2008: Neflix and Blockbuster battle for market leadership http://beta. fool. com/danielsparks/2012/10/31/netflix-swot-analysis/15522/ http://www. slideshare. net/only1kiku/techindnetflix Gamble, John E. , Strickland, A. J. , & Thompson, Arthur A. , 2010 Crafting and Executing Strategy McGraw Hill/ Irwin New York New York http://finance. yahoo. com/q? s=NFLX&ql=1

Business Advice Essay Research Paper In advising

Business Advice Essay, Research Paper In reding Gus, Gloria, and the murderer ( jointly known as the ? claimants? ) as to the sustainability in jurisprudence of their several claims in relation to, Rajinder ( hereinafter referred to as? R? ) , Sarah ( hereinafter referred to as? S? ) , and the liquidated company Exotic Holidays Ltd. ( hereinafter referred to as? E Ltd. ? ) , the nucleus issue appears to be that of corporate individuality as opposed to personal individuality of the members of the corporate entity. Issues associating to the general effects and effects of incorporation are besides discussed, viz. , issues of separate legal personality, liability and related exclusions, which in bend necessitates consideration of the? corporate head covering? and under what fortunes the tribunals will be prepared to delegate liability etc beyond the corporate entity to the members. Before sing single claims, some idea is given to the general or cardinal issue of legal individuality, on the evidences that this is cardinal to all the state of affairss. The most of import instance in this respect is doubtless Salomon V Salomon [ 1897 ] AC 22 ( hereinafter referred to as? Salomon? ) , which besides provides an disposed get downing place.The basically of import principal that emerged from Salomon is that a company, one time incorporated, is a legal entity in its ain right. In other words, the company itself, in this case E Ltd. , is a clearly separate being from those that are its members ( R and S ) , and as such, has? single? rights and liabilities accordingly.This has two immediate consequences. First, the company, non its members, must seek a redress despite the fact that in world, it will be the members, non the company, that conclude a redress is needed to turn to some incorrect making to the company. Second, the alternate state of affairs in which the company itself must be sued straight, non the members personally, in the event that the company itself has committed some error. The overall consequence is that members? personal liabilities and the liabilities of the company are regarded as separate. For all purposes and intents, the tribunals have traditionally drawn a divide between them. This separation of members and company, or instead the differentiation between them, is frequently referred to as the? corporate head covering? .The Salomon principal has been by and large upheld by the tribunals, sometimes with terrible effects. In the Irish instance Macaura V Northern Insurance Company Limited [ 1925 ] AC 619, the tribunal upheld the statement of an insurance company that it was non apt to pay out if points were insured on a member? s ain name and non? his? company? s name despite the fact that the points being a portion and package of the company? s concern. The tribunal maintained a stiff divide between the member and the company.In more modern times, Slade LJ basically reiterated the go oning cogency of the Salomon principal in Adams v Cape Industries [ 1990 ] Ch 433, ? ? the tribunal is non free to ignore the principal of Salomon? simply because it considers that justness so requires? ? This principal was more late once more affirmed in Ord A ; Another V Belhaven Pubs Limited [ 1998 ] BCC 607.However, as resolute as the principal stands, there are exceeding instances where the tribunal will? raise the corporate head covering? either at common jurisprudence or by legislative act. This was considered in Atlas Marine V Avalon Maritime [ 1991 ] a All ER 769, ? ? . . . to pierce the corporate head covering is an look I would reserve for handling the rights or liabilities or activities of a company as the rights or liabilities or activities of its stockholders? ? There are assorted fortunes where the tribunal will raise the head covering. In the context of liability, such a class of action by the tribunals will intend that the members themselves will be held apt beyond the company. In other words, liability will non halt at the company, as per the Salomon principal, provided the tribunal is satisfied that certain conditions are met. ? It is these conditions that demand to be considered in each single instance with regard to the claimants, since from the given facts, it appears that R and S seek to trust on the Salomon principal in order to deviate any possible liability from themselves personally to E Ltd as a separate legal entity. ? # 8212 ; Gus.According to the given facts, Gus has issued a writ against R originating from alleged? ? behavior in breach of contract? ? that predates and overlaps the day of the month of incorporation of the company.The alleged breaches extend from April 1998 to October 1998, while R sold his concern to E-Ltd in June 1998 while the company itself was incorporated on the 30th June 1998. Therefore, it appears that Gus had been covering with E Ltd. and non R personally after the incorporation.Ordinarily, by application of the Salomon principal, the action against R would neglect on the evidences that Gus was covering with? E Ltd. and non with R.However, as mentioned above, there may be a manner in which the tribunals may be asked to life the head covering and seek action against R straight. This may go on if R is suspected of fraud, although non needfully of a condemnable nature. In this instance, just fraud would suffice. Put another manner, the duties adhering the member are extended to the bind the company.In Jones v Lipman [ 1962 ] 1 All ER 442, the sale of a piece of land was at the Centre of a contract. The marketer had later changed his head? and in order to avoid an order of specific public presentation of his contractual duties, he transferred his land into the name of a company. The tribunal refuses the defense mechanism that the land was now in the ownership of the company and granter an order of specific public presentation against the seller.Likewise, in Gilford Motor Company Limited V Horne [ 1933 ] Ch 935, the tribunal held that a company that constituted a mere? fake? and formed to avoid contractual duties would non be tolerated. In this instance, the tribunal once more lifted the head covering and issued an order against an person who was non even a member of the company in question.Similarly, Gus must demo that R was in consequence? concealment? behind E Ltd. If this can be achieved, it seems possible that the tribunal may allow a redress against R straight. However, if R can demo that the sale was a legitimate trade in the sense that the sale of R? s former concern to E Ltd. was non a? fake? and was formed simply to avoid a contractual duties etc, it seems improbable that the tribunals will follow the path taken in Jones v Lipman or Gilford v Horne in visible radiation of the determination in Adams v Cape Industries where the tribunals refused to raise the corporate head covering. Lord Keith commented in Wolfson v Strathclyde Regional Council [ 1979 ] that the Salomon principal should merely be excluded in instances of a fraudulent nature where facts were being concealed by a ruse.That said, if R seeks to trust on Adams v Cape Industries, there might be a job sing that this instance was distingu ished from a similar instance, Creasey V Breachwood Motors Limited [ 1992 ] BCC 638 partially on the footing of the timing of the transportation from entity to entity. The tribunal may good see the timing of the sale, i.e. half manner through the alleged breach of contract, as a relevant factor and may good see this as some kind of turning away tactic on R? s portion. It is deserving bearing in head that Creasey v Breachwood was later criticised in Ord V Belhaven. Hobhouse LJ stated, ? ? it seems to me ineluctable that the instance in Creasey v. Breachwood as it appears to the tribunal can non be sustained. It represents a incorrect acceptance of the rule of piercing the corporate head covering? Therefore, in my opinion the instance of Creasey v. Breachwood should no longer be treated as authoritative? ? ( Although the evidences for the unfavorable judgment might good non use to the present instance. ) In sum-up, the facts are non sufficiently clear to justify a clear decision, but it appears that the chief obstruction to Gus wining would be the ability to show that R sold his concern to E Ltd. in order to avoid contractual duties via assumed trust on the Salomon principal. Notably, Lord Keith commented in Wolfson v Strathclyde Regional Council [ 1979 ] JPL 169 that the Salomon principal should merely be excluded in instances of a deceitful nature where facts were being concealed by a artifice. Such as artifice must clearly be demonstrated. # 8212 ; Gloria ( hereinafter referred to as? G? ) .From the given facts, G is stated to hold been a? ? former client? ? of E Ltd. Again, with respect to the philosophy of the corporate head covering, G would prima facie merely have a claim against E Ltd. and non R straight or personally. Unless, the tribunals can once more be persuaded to raise the corporate veil.Members of a company have a general fiducial responsibility of attention which should regulate all their behavior within the model of the company in inquiry, and unless it can be shown that they have breached that responsibility by gross carelessness or Acts of the Apostless of bad religion, no personal liability claims can by and large be successful against them. In Williams v Natural Life Health Foods Ltd ( 1998 ) 2 ALL ER 577, the House of Lords held that the corporate head covering should merely be lifted in utmost instances and moreover, there must be some kind of personal deceits made by the member of the company, who accepts as much, and that the complainant would hold had to hold relied on these deceits. The House of Lords refused to raise the head covering in that instance on the evidences that there had been no contact between the parties and in any event, there was no grounds that the complainant had believed that the suspect had accepted any personal liability.In sum-up, it seems unlikely, based on the given facts, that G? s action straight against R will win. However, taking the determination in Williams v Natural Life into history and the stated standards upon which the House of Lords refused to raise the corporate head covering, if G can run into those standards, her claim might good be sustainable. # 8212 ; The Liquidator ( hereinafter referred to as? L? ) .Again, the principal from Salomon is the get downing point with respect to L? s claim against R and S.A farther parallel can be drawn with Salomon. The murderer in Salomon claimed that the company therein was nothingness as it was basically a? fake? on the evidences that the company was in world nil more that Salomon? s? agent? , due in portion to it being a ? one-person company? . However, the House of Lords held that it was irrelevant that the company was in consequence a? one adult male company? ? and that provided the company had been incorporated right, the fact that one individual held an overpowering bulk of portions in the company was non relevant either.More specifically, it was held in Kodak Limited V Clark [ 1905 ] 1 KB 505 that a 98 % shareholding in a company does non by itself create a member/agency relationship. Therefore any similar statements on the evidences that E Ltd. was fundamentally an? agent? of R? s due to his big shareholding will neglect due to the opinion in Salomon and Kodak v Clark.. By and large talking, L will be unable to trust on a common jurisprudence based attack in inquiring the tribunal? s to life the corporate head covering against R and S. However, there may be a possible path via legislative act. Section 213 of the Insolvency Act 1986 in consequence states that where a individual has continued to merchandise through a company cognizing full good, i.e. fraudulently, that the company will be unable to duly repay creditors, the individual may be held personally apt to an extent determined by the tribunals. Section 214 of the same Act, relevant to companies in insolvent settlement ( as is the instance with E Ltd. ) , extends beyond a clear? purpose to victimize creditors? , as per s213, to include? unlawful trading? whereby the individual knew or ought to hold known that creditors will be unable to be duly paid while go oning to merchandise through the company until the clip of the weaving up order being granted. ? In order for the s213 to apply, L must bring forth grounds of a deceitful purpose by R and S to victimize the creditor he represents. Alternatively, under s214, L must show? unlawful trading? which might be an easier proposition.When sing s213, s213 ( 4 ) directs the tribunals to take assorted things into history. Under s213 ( 4 ) the tribunals are directed to see whether the member/s had acted moderately under the fortunes, or more specifically, ? ? the facts which a manager of a company ought to cognize or determine, the decisions which he ought to make and the stairss which he ought to take are those which would be known or ascertained, or reached or taken, by a moderately persevering individual holding both? ( a ) the general cognition, accomplishment and experience that may moderately be expected of a individual transporting out the same maps as are carried out by that manager in relation to the company, and ( B ) the general cognition, accomplishment and experience that that manager has. Therefore in drumhead, in order for s213 to use, these criterions must be applied to the facts of the present instance, and if it is found that R and S had fallen below the needed criterions, an application via s214 might good be sustainable in that the tribunals may good raise the corporate head covering and extend liability to R and S in their personal capacities. Bibliography. ? Farrar? s Company Law? ? ? J.H. Farrar A ; B.M. Hannigan? Company Law? ( Statutes ) ? Butterworths? Company Law? ( Cavendish ) Internet Beginnings. ? Rethinking Company Law and Practice? ? The Hon Justice Michael Kirby ( www3.lawfoundation.net.au ) ? Company Law? ( www.bigwig.net ) ? Limited Liability? a necessary effect of incorporation? ? ? Aiden Small ( www.nuigalway.ie ) ? Company Law? Corporate Personality? ( www.ukcle.ac.uk ) ? Piercing the Corporate Veil? ( www.themis.wustl.edu ) ? The Doctrine of Separate Legal Personality? ( www.law.anu.edu.au ) ? Raising the Corporate Veil Revisited? ( www.acca.org.uk )