Monday, May 25, 2020

Bus Stop, a 1955 Broadway Play by William Inge

William Inges comedy, Bus Stop, is filled with sentimental characters and a slow-but-pleasant, slice-of-life storyline. Although dated, Bus Stop manages to charm its modern audience, if only due to our inherent longing for a simpler, more innocent past. Most of William Inges plays are a mixture of comedy and drama. Bus Stop is no different. It premiered on Broadway in 1955, just on the heels of Inges first Broadway success, Picnic. In 1956, Bus Stop was brought to the silver screen, starring Marilyn Monroe in the role of Cherie. The Plot Bus Stop takes place inside a street-corner restaurant in a small Kansas town about thirty miles west of Kansas City. Due to icy conditions, an inter-state bus is forced to stop for the night. One by one, the bus passengers are introduced, each with their own quirks and conflicts. The Romantic Leads Bo Decker is a young ranch-owner from Montana. He has just fallen head-over-heels for a nightclub singer named Cherie. In fact, he has fallen so wildly in love with her (mainly because he just lost his virginity), he has whisked her onto a bus with the assumption that the young lady will marry him. Cherie, on the other hand, is not exactly going along for the ride. Once she arrives at the bus stop, she informs the local sheriff, Will Masters, that she is being held against her will. What unfolds during the course of the evening is Bos macho attempt at luring her into marriage, followed by a humbling fist-fight with the sheriff. Once he is put in his place, he begins to see things, especially Cherie, differently. Ensemble Characters Virgil Blessing, Bos best friend, and father-figure is the wisest and kindest of the bus passengers. Throughout the play, he tries to educate Bo on the ways of women and the civilized world outside of Montana. Dr. Gerald Lyman is a retired college professor. While at the bus stop cafe, he enjoys reciting poetry, flirting with the teenage waitress, and steadily increasing his blood-alcohol levels. Grace is the owner of the little restaurant. She is set in her ways, having gotten used to being alone. She is friendly, but not trusting. Grace doesnt get too attached to people, making the bus stop an ideal setting for her. In a revealing and amusing scene, Grace explains why she never serves sandwiches with cheese: GRACE: I guess Im kinda self-centered, Will. I dont care for cheese mself, so I never think torder it for someone else. The young waitress, Elma, is the antithesis of Grace. Elma represents youth and naivete. She lends a sympathetic ear to the misbegotten characters, especially the old professor. In the final act, it is revealed that Kansas City authorities have chased Dr. Lyman out of town. Why? Because he keeps making advances on high-school girls. When Grace explains that old fogies like him cant leave young girls alone, Elma is flattered instead of disgusted. This spot is one of many in which Bus Stop shows its wrinkles. Lymans desire for Elma is shaded in sentimental tones, whereas a modern playwright would probably handle the professors deviant nature in a much more serious manner. Pros and Cons Most of the characters are very willing to talk the night away as they wait for the roads to clear. The more they open their mouths, the more clichà © the characters become. In many ways, Bus Stop feels like antiquated sit-com writing -- which is not necessarily a bad thing; though it does make the writing feel dated. Some of the humor and the comradery taste a bit stale (especially the talent show that Elma coerces the others into). The finest characters in the play are the ones who dont blather as much as the others. Will Masters is the tough-but-fair sheriff. Think of Andy Griffiths amiable nature backed up by Chuck Norris ability to kick butt. Thats Will Masters in a nutshell. Virgil Blessing, perhaps the most admirable character in Bus Stop, is the one who tugs at our heartstrings the most. In the conclusion, when the cafe is closing up, Virgil is forced to stand outside, alone in the dark, frosty morning. Grace says, Im sorry, Mister, but youre just left out in the cold. Virgil replies, mainly to himself, Well... thats what happens to some people. Its a line that redeems the play - a moment of truth that transcends its dated style and its otherwise flat characters. Its a line that makes us wish that the Virgil Blessings and the William Inges of the world would find comfort and solace, a warm place to take off lifes chill.

Friday, May 15, 2020

A Literature Review On Trust - 6131 Words

Literature Review of Trust When we consider popular social theory, trust indicates a certain belief and a sense of assurance that is based on strong but not logically-conclusive evidence, or based on some ones character, their ability, or truth that someone or something has shown over a period of time or over experiences. Trust makes for a sense of being safe or of being free of fear, enough so that one s focus can be on other matters (Spirithome, 2005). Key elements of this definition are its dependance on the foundation of character, its ability and a sense of being safe. Trust is also a public good, according to noted sociologist Giovanni Sartor (Sartor, 2003). Sartor stated if there was no trust, co-operation would end, and the whole fabric of society would collapse. Trust can be defined as the â€Å"belief that someone or something is reliable, good, honest, effective.† High levels of trust promote healthy interactions, whereas low levels of trust undermine constructive relationships. Trust in law enforcement is essential for the belief in the legitimacy of law enforcement, or feeling of obligation to obey the law and defer to decisions made by legal authorities (Friedman, M, 2014). The question is asked, is it necessary for law enforcement to actually have the trust of the public, or is just their approval all that is needed? Clearly, riots indicate a large-scale breakdown in civil order, and can be seen as a glaring collapse of society. While this type of publicShow MoreRelatedUncertainty Risk Trust And Information In Literature Review944 Words   |  4 PagesThe Article, â€Å"Uncertainty, Risk, Trust, and Information: Public Perceptions of Environmental Issues and Willingness to Take Action† written by Reneà © J. Johnson and Michael J. Scicchitano in its current form is unfit for publication. Johnson and Scicchitano should be commended for identifying a gap in our ability to accurately quantify the strength and intensity of environmental concerns. This gap is certainly worthy of further study; however, their execution and attempt to quantify this phenomenaRead MoreModern Leadership: Trust Empowerment - a Literature Review and Discussion3630 Words à ‚  |  15 Pages Modern Leadership Abstract 3 Today, leaders must understand the needs of the people they work with. For instant, their needs at the most basic level of income, jobs, housing, health care and their larger needs for a sense of community and mutual trust, for recognition and respect, and for new challenges and visions. In society, leadership is dispersed throughout all segment of the society – government, business, social agencies, associations, the minority communities and so on. The development ofRead MoreA Review of Related Literature on the Role of Trust in Global Virtual Teams1791 Words   |  8 Pages On the other hand, trust, which is a term commonly used for virtual teams is basically, based on, and described to be the reliance on someone to keep their word on the arrangements and responsibilities agreed upon (Piccoli Ives, 2003). Often times, in completing a task, one may be asked to work with or for someone, and the trust between the parties involved plays an important role in the success or failure of completing that assigned task. It is no wonder, then, that trust is a significant factorRead MoreAn Outline for a Research on Oline Shopping Essay566 Words   |  3 Pagesperspective of trust of online sellers and consumer trust in online shopping. Rationale is that online shopping can be researched from many aspects one of which is consumer trust that is caused by multiple categories of trust. 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For the purpose of the study literature review will focus on the following identified factors of brand loyalty namely brand trust, store environment, service and quality. 2.3.1 Brand trust Literature review carried out indicate that Brand trust is the willingness of the average consumer to rely on the ability of the brand to perform its stated function The researcher reviewed the work of Chaudhuri (2001). Further review shows that consumers trust a brand because of the ability of the brandRead MoreChallenges Of Sharing Tacit Knowledge Within The Organization1695 Words   |  7 PagesCritical Literature Review: Difficulties and challenges in sharing tacit knowledge within the organisation. Introduction In today’s era of digitization, technology is changing significantly which leads to change in the knowledge-based organisations, so knowledge is paramount importance for any organization and hence become a vital asset for them. 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Moreover, public perceptions of, and experiences with the police have played a critical role in police effectiveness (Beck et al. 1999), and in order for police to prosper and adequately function, they require public support. To date, there have been adequate research and investigations conducted on the level of confidence and general public perception

Wednesday, May 6, 2020

John Stuart Mill s On Liberty And Utilitarianism Essay

This essay examines and inspects liberty and order conflict based on the writings of philosopher John Stuart Mill, titled On Liberty and Utilitarianism. We will discuss how his philosophical views on equality as fundamental to what it means to be human. We will interpret John Stuart Mill’s theorist view on equality as fundamental to the good or bad functioning of the state? The question and debate we would also raise will be, is equality be integral the arrangements of power? Lastly, we would argue the theorist’s approach to liberty fundamentally influenced the way we view equality in the 21st century. In John Stuart Mill works of On Liberty, the piece focuses and concerns common and social freedom or, to take a gander at it from the opposite perspective, the nature and points of confinement of the power that can honest to goodness be practiced by society over the person. In John Stuart Mill works of Utilitarianism, it offers a possibility for a first standard of ethical quality, a rule that gives us a model recognizing good and bad. The utilitarian applicant is the guideline of utility. We will convey works from both pieces and examine his theoretical/ philosophical values of equality. Despite the fact that all may have concurred that an activity s results for the general satisfaction and happiness were to direct its rightness or misleading quality, the explanations for the acknowledgment of that guideline and the utilizations to which the rule was put changedShow MoreRelatedJohn Forbes Nash Jr.912 Words   |  4 PagesJohn Forbes Nash Jr. and John Stuart Mill were both very important economist. John Forbes Nash Jr. was an American mathematician, and an economist. John Mill was a British Philosopher, economist, moral and political theorist, and was the most influential English-speaking philosopher in the nineteenth century. 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Mill grew up with the belief that there was no God and therefore believed that man is born inherently good; government should be limited to allow individuals to make their own decisions from their inherently good instincts; economic freedom provided individuals with the protection ofRead MoreJohn Stuart Mill : An Influential Philosopher Of The 19th Century1252 Words   |  6 PagesTierra Myers Mr. Berkoben English IV 26 October 2016 John Stuart Mill Not only did Harriet Burrow give birth to a son but also the most influential philosopher of the 19th century. Exploring the life of as well as evaluate the work of and examine the impact of John Stuart Mill gives us as readers and understanding of why this man deserves this title. Born May 20, 1806, John Stuart Mill became the son of James and Harriet Burrow. As a child he faced multiple struggles; being the only child meantRead MoreUtilitarianism and Omelas Applying John Stuart Mills Utilitarianism to Ursula Le Guins The Ones Who Walk Away from Omelas1220 Words   |  4 Pagesreasons in which a follower of John Stuart Mill s Utilitarianism would disagree with the events taking place in Ursula Le Guin s The One s Who Walk Away from Omelas. The creed which accepts as the foundation of morals, Utility, or the Greatest Happiness Principle, holds that actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness (Mill 55). This is how Mill first presents the idea of Utilitarianism. 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Tuesday, May 5, 2020

Construction Law In Singapore And Malaysia -Myassignmenthelp.Com

Question: Discuss About The Construction Law In Singapore And Malaysia? Answer: Introduction Building and construction adopt standard form contracts generally but the process of their conclusion performance and remedies available for their breach resembles those applicable under any other form of general contract. The elements required of a valid contract however have to exist for such a contract to be legally enforceable. The contract should have a dispute resolution clause that provides for the manner and forum for resolving disputes arising out of a disputed contract for building and construction. Contracts for building and construction generally employ alternative dispute resolution mechanisms in resolving construction disputes. Arbitration is always preferred as the parties maintain a control over the dispute as to opposed to a judicial process where the control of the dispute resolution process is taken away from the parties. The practical solutions that this paper proposes would majorly form part of the provisions of the main contract document with an exception of a few matters that require specialized treatment that will require inclusion in a facilitating contract that is ancillary to the main contract (Robinson Lavers, 2010, p. 51). The main contract incorporates the facilitating contract through reference; the main contractor shall also have the general supervisory powers over all the contracts relating to the project. The facilitating contracts could be numerous as every specialized works will require different people skilled in varied fields and therefore the need to have each specialist and their duties and responsibilities reduced into writing differently (Chan Suen, H. C. (2015) The relocation of Equipment and Staff The construction contract would relate to the carrying out of works on an already existing Burnaby building which needs to be improved and the floors increased. Naturally, there are persons who are employed by the Portsmouth University and use the building as their work offices together with the equipment they use for their day to day activities in the provision of services to the university. These persons and their equipment will require to be moved to create space for the construction works (Barrie Paulson, 2012, p. 67). There are two options for the moving of staff and equipment; relocating them to already existing structures within the university or to temporary structures built for such purpose. Though the two options are available, there are factors that should be taken into account before settling into one or the other. The most important factor to be considered is the security of both the equipment and the staff. It is natural that security may not be guaranteed if the staff and equipment are moved to some temporary structure with no security. To ensure that both the staff and equipment are safe, relocation would be to the existing structures. Another factor that should be considered is the available space. The number of staff and equipment available might be more than the available space; this would mean that certain equipment especially those that are not used on a daily basis are kept in temporary and makeshift structures but with enhanced security to avoid any loss or destruction that may make the university to incur additional costs in replacing equipment that have been destroyed by bad and unfavorable weather conditions or otherwise stolen (Bruner O'Connor, 2012, p. 48). Considering the available options, the existing structures are preferred when relocating staff and equipment as security is guaranteed. Existing structures would also provide better working environment and conditions to the staff as they should, even when the construction works continues, provide the essential services and support that the university requires to achieve its mandate (Bruner O'Connor, 2012, p. 22). Relocation of staff and equipment normally occurs before the commencement of the construction works. Engaging the main contractor to undertake the relocation of staff and equipment would be very expensive to the university. This would therefore necessitate the negotiating and entering into a facilitating or an enabling contract. This a form of contract that is different from the one of the main contractor which is concluded between the employer and a service provider for the carrying out of specialized works necessary before the main construction works can continue. Relocation of staff and equipment qualifies as a special work since the equipment that are fixed have to be removed by someone who has special training in the use and installation of such equipment (Callon Law, 2009, p. 29). Under the new 2016 JCT, there is provision for the insurance of works to cover damage and injury associated with construction sites. Under clause 6.2, the responsibility and liability that would likely arise rests with the person contracted to undertake such works. The person engaged to undertake the relocation of staff and equipment should be one who is registered and capable of taking out an insurance cover to assist in mitigating any loss or injury likely to occur in a construction site (Bresnen Marshall, 2010, p.21). Loss, injury and damage that results from the acts of negligence of persons engaged in the relocation of equipment and staff, the client has the right to seek and obtain indemnity from the contractor. Clause 6.3 provides that any form of loss and damage that are caused to existing structures and equipment should be borne by the contractor. The clause providing for indemnity is expressly contained in the contract and enjoys the force of law; and can be enforced where a party ignores or neglects his obligation under the contract. The parties are however free to include an exclusion clause when the application of the indemnity clause. Where the loss or damage results from an act that is exempted, indemnity does not arise and the loss will be borne by the employer on his own account. A contractor who is keen in minimizing personal liability for loss, injury and damage should therefore be encouraged to take out an insurance policy cover for any perils that are common in construction sites. This is buttressed by JCT at clause 6.4 which provide for the insurance the works as well as the contractor to cover personal liability which may arise in the performance of the construction works. The said insurance policy should however be taken in the name of the employer in accordance with clauses 6.5.1 and 6.1.5 but the premium paid by the contractor since it relates to personal cover (Gould et al, 2010, p. 84). The relocated equipment as well as the existing structures should be well maintained to ensure the continued safety of the equipment kept therein. Damage to existing structures and equipment is a ground that could lead to repudiation or termination of the contract by either of the parties so as to mitigate and prevent further damage and destruction. However, such loss or damage that motivates a party to terminate a contract should be a material damage. JCT at clause 6.14 lays down the grounds and factors as well as the procedure to be followed when terminating the contract. The party that is desirous in terminating the contract has to issue notice of the intention to terminate within a reasonable time which is usually about 28 days. Where the contract is repudiated or terminated, the liability will on the employer to undertake the repair of the damaged equipment (Fenn et al, 2011, p. 66). In Hersent Offshore SA and Amsterdamse Ballast Beton-Waterbouw BV v. Burmah Oil Tankers Ltd (1978), the question that the court was faced with was a consideration of what amounted to adequate and reasonable notice of the intention to terminate the contract by either of the parties. The court held that notice that is issued long after the works have been completed cannot be said that such notice was issued during the continued performance of the works or before the commencement of the construction works Provisions in the contract document should be drafted in such a manner that is exhaustive, giving each of the parties well defined duties and responsibilities to avoid liability being borne by one party to the contract. Where each of the parties responsibilities and duties under the contract is well laid down, the risks associated and prone in construction contracts are spread to minimize the costs and liability which would otherwise be borne by one party who is at fault or is said to have been negligent The IT and other electrical connectivity and related services are form part and parcel of operations of every organization. In their relocation to the existing structure and/or temporary structures, the persons contracted to undertake such relocation should be extra cautious to limit and prevent any damage as well as loss of any form. Such sensitive matters warrant the engagement of specialists through a facilitating contract specifically concluded between the employer and the specialist in carrying out the relocation of Information Technology as well as equally delicate electrical connections and services. The facilitating contract would then be incorporated into the main contract by way of reference; giving the main contractor supervisory roles over the works carried out by the registered and recognized specialist (Hinze, 2010, p. 41). It is expensive on the employer to undertake the relocation of staff and equipment. To ensure continued minimization of costs and to avoid any instance of delay in the performance of the construction works, the facilitating contract should be concluded under terms that ensure the cost involved is to the minimum. The costs should be checked because such relocation is temporary for a very limited amount of time and upon the successful completion of the construction works, those staff together with their equipment that had undergone relocation would be returned simultaneously especially where there is provision for staged access of the building under construction. A facilitating contract would ensure that the performance of the works is expedited due to division of labor as well as responsibility amongst several persons; and not leaving all the work and decision making to the contractor. The contractor is only charged with supervisory roles as the special works are left to specialists and persons generally trained and instructed to undertake such specialized works involved in building and construction (Richter Mitchell, 2012, p, 63). Construction and Staged access In building and construction, a building under construction is capable of being occupied when the construction works are still continuing. Staged access is commonly seen and practiced in those organizations that engage in the provision of continuous services whose interruption would be detrimental to the mandate of such organizations. This particular project is being undertaken in a university that provides learning services to students in a continuous process over a long period of time and interruption should be kept to the minimum or avoided altogether. To ensure that the provision of services is continuous and uninterrupted, the building should be occupied in stages for example, the lower floors would be completed first to allow for occupation before the upper floors are constructed to allow staff to move in and continue offering services to the students and the university at large. Whereas staged access requires authority to be obtained, the employer has the duty and responsibility if ensuring that such consents are sought and obtained within reasonable time. The building plans in order to ensure staged access would necessitate splitting into smaller factions capable of being treated as independent and separate contracts. This would allow a floor to be completed to allow staged access before proceeding with works on the subsequent floors (Howarth Watson, 2009, p. 57). The new 2016 JCT provides for staged access of buildings under construction. This is provided at clause 2.3.3. The employer is required to seek and obtain consent every time a floor is ready for occupation. Staged access should be contained in the main contract with a clause providing expressly and specifically for staged access of the building under construction. Such clause should however be detailed, providing for detailed procedure and the mode through which such access should be achieved. Staged access of a building under construction can however be expensive depending on the amount of the works involved. For instance, where the building is a storey one, say twenty floors, obtaining consent for each floor will be tedious and expensive However, there are a category of contracts for building and construction where staged access cannot be avoided no matter how expensive its adoption and use is. This being a learning institution, staged access is inevitable since offering services to the university should be provided continuously to the students in the learning institution. In the case of Mistry v Thakor (2005) EWCA Civ. 953, the plaintiff was hit and sustained injuries as a result of being fell on by a cladding from a building adjacent to where the applicant was as he walked on a public road. The court found that the property manager was guilty of negligence by failing to warn that the panels on the subject building were dangerous and could cause serious injury to passers-by. Pre-cautions should therefore be in place to ensure that students and members of staff are safe and not exposed to any situation that may occasion injury to them. This should also extend to members of the public especially where the building is located adjacent to a public way (Cushman Myers, 2009, p. 39). Information Technology Services When undertaking the relocation of the staff and equipment, it will be necessary to switch off and relocate as well the IT and other electrical services that power the equipment and ensure that they function as required (Oglesby et al, 2009, p. 71). The learning institution heavily depends on the IT and other electrical connections and services and being very sensitive aspect in the building and construction, it will necessitate that a facilitating contract be entered into between the employer and a registered specialist to undertake the switch off without causing material damage and delays in the delivery of the mandate of the university. Such contract should contain provisions that speak to the time, manner and cost of such switch off and reconnection on the temporary structures as well as the existing structures if such connection had not been extended by the university to cover such buildings and premises (Cheung Yiu, 2013, p. 17). Some perils do happen and are normally associated with construction sites. One of those major risks is fire. The main contract should contain a provision on common perils such as fire and how they should be prevented and/or managed if in any case they occur. The risk and liability arising from an outbreak of fire needs to shared between the contractor and the sub contractor. Under JCT, clause 6.18 makes it mandatory for construction contracts to have provisions that speak to and comply with the joint fire code and any of the amendments likely to be made on the code from time to time. Acts that are considered as breach to the fire code and the actions that should be taken when fire eventually breaks are provided for under clause 6.19 and contracts should fully adopt them (Jones, 2014, p. 15). Other than complying with and incorporating the provisions of the joint fire code into the contract document, insurance can also mitigate loss occasioned by fire outbreaks (Kumaraswamy, 2011, p. 101). In the case of Six Continents Retail Ltd v Carford Catering Ltd (2003), the court considered a dispute on fire resulting from fire outbreak where the defendants, who had been contracted by the plaintiffs to carry out finishing works in the kitchen were sued after fire outbreak a few days after they had completed the works. The court found the defendants guilty for not mitigating and preventing the outbreak of the fire (Lambert White, 2012, p. 91). In the case of Mistry v Thakor (2005) EWCA Civ. 953, the plaintiff was hit and sustained injuries as a result of being fell on by a cladding from a building adjacent to where the applicant was as he walked on a public road. The court found that the property manager was guilty of negligence by failing to warn that the panels on the subject building were dangerous and could cause serious injury to passers-by. The contractor is therefore under duty to carry out construction works in such a way that the security and safety of the building, workers and members of the public is guaranteed. This would prevent injuries that would otherwise be avoided by being a little cautious (Jervis Levin, 2009, p. 19). The safety of the persons employed in the construction site should be guaranteed by the contractor. This should extend even to members of the public. While it is the responsibility of the contractor to ensure safety, the contract should give the contractor the authority of engaging safety supervisors to ensure that the site is safe and people are not exposed to instances and likelihood of sustaining injuries. Ensuring the safety of the construction site may not require the conclusion of a facilitating contract, the duties and functions of the safety supervisors can be contained in the main contract document and therefore there is no need of entering into another contract specifically for that even though the persons to be engaged might likely be those with special training and experience in ensuring that a construction site is safe (Choy Sidwell, 2011, p. 77). The new 2016 JCT contain provisions that speak to the safety as well as other important precautionary measures that should be taken to protect the health of people who are in the employment of the contractor to assist him in carrying out of the construction works, third parties and members of the public (QC, R. W. S. 2010, p. 33). The new JCT at schedule 2 require parties to a contract to create a conducive environment that guarantees better health and safety standards of all those individuals engaged in the construction works. In the case of Alfred McAlpine Construction Ltd (2001) 1 AC 518, the contractor entered into building and construction contract that required him to build a certain storey building which hosted several offices and had provision for parking places. It was held by the court that third parties are not privy to a contract and therefore have no locus standi to sue on behalf of either party except in situations where the performance of the subject matter of the contract would directly affect them (Chan Tse, 2013, p.19). Removal of asbestos Since time immemorial, asbestos had been used in undertaking constructions. But due to its poisonous nature, there was the passing of the Toxic Substances and Control Act to limit the health hazards that its use poses both to people and the environment as well. Asbestos became hazardous upon being damaged especially when the building is being demolished. The hazardous nature posed health problems to residents and occupants. This is because its fibres when released to the air are very dangerous to the health of people and causes environmental degradation (Rubin, 2013, p. 47). Before demolishing any building, the consent of the Occupational Safety and Health Commission (OSHA) has to be sought and obtained. OSHA are mandated to prescribe the best way to proceed in removal of asbestos without causing any life threatening hazards both to the people in actual occupation of the subject building, those in the employment of the contractor in undertaking such demolition and the environment at large. OSHA ensures that filters are used so as to limit and prevent the negative effects of the fibres released when a building where asbestos had been used during construction is under demolition. Other than filters, ventilation systems and enclosures also assist in minimizing the dangers posed by asbestos. The contract document should contain provisions providing for the engagement of OSHA during demolition so that OSHA can suggest best ways to undertake the demolition without exposing individuals to hazards likely to be posed by asbestos (Simon, 2009, p. 23). Removal of asbestos is likely to affect the date initially set as the completion date for the construction works. However, it should be done procedurally so that the health of other persons is not jeopardized. In the case of Education 4 Ayrshire Ltd v. South Ayrshire Council (2009), the issue was whether the contractor could be held to have committed a breach of the contract by failing to notify the employer of the likelihood of delays due to inevitable technical issues. The contractor was not aware that there existed additional asbestos that would need to be removed before continuing with the construction works. The court made a finding that the contractor was obliged to issue a written and adequate notice to the employer of such fact while informing the employer of his considered estimation of any additional timelines needed to successfully complete the works (Stipanowich, 2009, p. 45). Due to the dangerous nature of asbestos, removal of asbestos would necessitate the engagement of a specialist. A facilitating contract is therefore necessary between the specialist and the employer to provide for the most efficient and safer method of undertaking such removal. The facilitating contract would then be incorporated into the main contract by way of reference. The facilitating contract will however be under the close supervision of the main contractor to ensure that the removal is undertaken in line with the recommendations of OSHA to avoid any form of causing health problems to people and the environment (Stokes, 2009, p. 21). Initially, the 2011 JCT and its provisions were used in drafting and performance of construction contracts. The new JCT of 2016 has however made improvements and caused changes in the 2011 JCT. the new JCT is now in use due to the changes that have made contracting efficient and the performance of contracts effective. The most notable changes are on performance security, insurance, company guarantees, payments, performance bonds just to mention a few (Love et al, 2008, p. 50). The contractor is obligated by clause 7.3 of the 2016 JCT to ensure that company guarantees and performance bonds have been provided at the time when the contract is being entered into The new JCT also provides for the rights of third parties. Clause 7.4 gives third parties the right to be given warranties by the subcontractor. There is therefore a requirement that parties should when completing contracts include and incorporate Construction Regulations (Uff, 2015, p. 23). Another important change that had been introduced by the 2016 JCT is the insurance of construction works upon the commencement of the construction works. Parties have the choice to make use of say for instance the replacement schedule called C.1. The C.1 allows the party to use varied arrangements for the construction works. The arrangements allow the parties to adopt insurance plans that cover varied risks that are susceptible in the construction industry. The new JCT has also specified the manner of drafting the contracts to provide for insurance (Sykes, 2016, p. 14). The subject contract cannot therefore adopt the use of the old JCT in this particular contract since the new JCT has more comprehensive and detailed provisions that provides guarantee to the contracting parties in the performance of the contract without incurring any form of additional liability. While there is the main contract providing for the general works to be done by the main contractor and other facilitating contracts that deals with the special works such as removal of asbestos and relocation of staff and equipment (Uff, 2015, p. 41). Conclusion In summary, a construction contract is negotiated and entered into just like any other general contract. 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