Lack of clarity of purpose can be a risk and a legal issue leading to disputes. The major legal principle here is that, companies should always endeavor to clarify and understand each and every clause of the contract so that they know what they are committing themselves too. It lessens on the misery caused during times of disputes. No matter how easy and simple it may appear during the contract signing process, it becomes totally complicated to understand and agree upon a common interpretation of ambiguous clauses when disputes come up. For instance, in the simulation given, there were ambiguous clauses like “ordinary requirements change” which became a source of conflict because the software user and system requirements changed over time which were had to just incorporate into the contract because of the big effect they had on the project costs and
Using workers from these other countries requires Riordan Manufacturing to consider cross-cultural issues. Consideration of cross-cultural issues requires Riordan Manufacturing to perform a situation analysis, which will require the company to consider issues and opportunities that the company could face. In addition to identifying the issues
Project Task-List Memo CMGT/410 February 4, 2013 Project Task-List Memo Attn: Management and Stakeholders Project Task-List Accurate estimates are extremely important for effective project management because in the absence of accurate estimates, the project planning will go completely wrong and the project team will not be able to achieve the desired project objectives in terms of scope, timeframe and costs. Lack of accurate estimates will lead to shortages of resources, shortage of time and chaos during the project. Accurate estimates are the foundation for efficient planning for the project, be it related to scheduling, budget, etc. Accurate estimates ease the burden on project managers to keep everything under control. Some of the steps that project managers can take to improve the accuracy of estimating projects include: 1) Detailed analysis of the project scope and requirements at the planning stage and clear understanding of requirements in advance.
ASSESSMENT TASK 1 – EXPLAINING CONTRACT CLAUSES In your own words, write down what the obligations and responsibilities for each party are. What procedures do you need to follow to comply with these? 1. Clause ; breach of contract (both the owner and builder) A breach of contract occurs when either party fails in their obligations as stated in the contract. Builders Obligations : Warranties as per Section 8 of the Domestic Building Contracts Act 1995 a) The builder has to carry out the contracted work in a proper and workman like manner as set out in the contract, plans and specifications b) The builder has to use good and suitable materials for the contracted works and unless stated in the contract these materials are to be new c) The
There must be sufficient, definite, and certain terms in the contract such that a court may fashion a decree. Under common law of contracts the agreement must mention parties (George and Fairco), subject matter (the renting of a booth), price (no price is mentioned but the call of the question has stated that it is valid), quantity (one booth), and time for performance (first Sunday of each month). Therefore, there are definite and certain terms for the courts to fashion a remedy in this situation. INADEQUATE LEGAL
This is the stage that some managers miss. The manager must involve all staff members. “There is a tendency in organizations for the project team to dissolve soon after implementation of the hardware and software solutions. The evaluation, if done at all, is done too early and is used primarily to justify the project” (O’Connor., 2002). The manager must keep the evaluation project ongoing to ensure the process has worked to the plan.
Though the department is government and federally mandated, the process in place allows communication and documents to fall through the cracks, thus causing forthcoming compliance issues. When using critical thinking for process improvement, you must first know that the problem is. In this situation, the existing process is the problem. Now that the problem has been identified, the next step is to define the criteria, goals, and the objectives. The goal and
Portraits submitted to the Archibald Prize must adhere to specific guidelines in order to be approved and accepted for the competition. Craig Ruddy’s portrait contested the traditions of the art making process as he remarked, “I work fairly high and quickly. So I knew it was possible, but yeah, it was a challenge, especially with the size of it”, which also demonstrates the technical resolution of Ruddy’s ideas and approach to his portrait. He challenged the rules of the competition to express his portrait of David Gulpilil proficiently, leading up to majority of the portraiture piece produced in charcoal to emphasise Gulpilil’s features. Controversy over the argument of Tony Johansen brought about challenging that the portrait was an illustration rather than a
In all organizations, each employee’s individual contribution to the company is of great importance as the goals of the company would not be met and success would not be obtained. References Bateman, T.S. & Snell, S. (2007). Management: Leading and Collaborating in a Competitive World. (7th ed., pp.
It is worth clarifying how a negligence claim differs from a contractual claim or a claim for fraud. A contractual claim arises when two parties have a contract, one party breaches the contract and the other party suffers losses as a result. So, any dispute that arises between the surveyor and his customer (that is, the party who engaged him to carry out the survey) is a contractual dispute and may give rise to a contractual claim. A negligence claim is different. Although the surveyor is engaged by one party, the fact is that other parties such as buyers and banks may rely on the accuracy of the certificates that he issues.