Analysis Of The Poem The Road Not Taken By Gwendolyn...

For my analysis I chose to look at two poems where the authors transform the readers into the speakers. I will be analyzing â€Å"The Road Not Taken† by Robert Frost and â€Å"the mother† by Gwendolyn Brooks. Both of these poems show decisions made on the speakers part and how the reader can relate to the speakers feelings about their decisions. â€Å"The Road Not Taken† opens with a man in the woods, looking down two equally worn paths. It is a reflection on his part. This incident happened in the past and years later he is looking back at it. He recalls trying to look down both paths to see where they go, but both paths are so jagged that he can’t see very far into them. Therefore he must chose a path to take blindly and without a specific reason. He dislikes this. The speaker wishes that he could take both path, so he could know two different possibilities, and therefore be able to make a decision on which is better. But he can’t, so he decides to pick the path that is grassier. This is a superficial reason, which he knows. Both paths have been equally traveled, but since he knows he has no reason to pick one path over the other he decides to look for something that stands out, which here is the extra grassiness of one path. He understand the implication of him choosing that path. He knows that one pa th will lead to such a different and far destination from the other that he will never be able to go back and try the other path as well. He says with a sense of forlorn that he does wishShow MoreRelatedInterpretation of the Text13649 Words   |  55 Pageswe have, then, is an independent little world made of words: a world of forms, images, and sounds that are all designed to work together. This does not mean that works of literature have nothing to do with reality. On the contrary, Walt Whitmans poems often address the reader directly; Mark Twains Huckleberry Finn has everything to do with the history of American slavery; and when Emily Dickinson writes, 1 never hear the word escape Without a quicker †¢blood, she is surely expressing her ovm feelings

Stem Cell Paper . Framework. No Medical Advancement Has

STEM CELL PAPER FRAMEWORK No medical advancement has ever been met with unanimous acceptance because it is in the nature of man to not only question the present but the future. Stem cell research currently presents itself as the nearest medical advancement in time of strong contentious social and political climate. The debates on the scientific, political, and ethical implications are intertwined in a discourse that practically leaves the United States at a standstill in amidst this scientific revolution. Some of the questions that seem to permeate this intersecting debates include what is a stem cell and what are the implications of the different type that exist? Also, how will stem cell research and use might affect the scientific and†¦show more content†¦This is because of the marker molecules that has to be adjusted to the recipient of the stem cells (Okarma,2011. p. 10). On the other hand, as Rader explains, unlike embryonic stem cells which require a somatic nuclear transplant to control agains t rejection, fetal stem cells have no antigenicity (Rader,). As earlier noted, most of the sources heavily focused on distinguishing adult stem cells from embryonic stem cells while indirectly categorizing fetal stem cells under the latter category. Due to this fact and in light of the differences outline above, this paper will draw on the debates surrounding embryonic stem cells in terms of science, politics and ethics in speaking on fetal stem cell research. THE INTERTWINED DEBATES The scientific debate surrounding stem cell research, whether embryonic or fetal, rest primarily on the question of motive. Rader takes the pro position, arguing that stem (fetal) cell research and application has shown in its observations and through his results that it has undoubtable potential. He argues this by giving an anecdote of a fellow doctor, Dr. Deniss Nigro, whose stage four cancer practically left him without a choice. As the story goes, Dr. Deniss Nigro, an equally reputable doctor came to learn the benefits of fetal stem cells (Rader, 2010). However, the opposing position argues that the results that Rader’s patient attributed to the fetal stem cell therapyShow MoreRelatedIs the Use of Transgeneric Organisms Essential to the Advancement of Therapeutic Medicine?1315 Words   |  6 Pagesreplacing the genes responsible for causing the allergy or disease in one organism with that of a gene belonging to an organism that has a resistance to the specific allergen. Great medical discoveries pertaining to genetic modification are being made regularly and scientists are discovering new ways in which genetic engineering could be used to update certain medical procedures in the future. Complicated procedures such as organ transplantation have been made more successful with the use of geneticRead MoreThrough Critical Analysis Of Pope Paul Vi’S Encyclical1864 Words   |  8 Pageshis strong adherence to Catholic values, his approach to artificial birth control as related to embryonic stem cell research would refuse to fully contemplate utilitarian and deontological approaches to embryonic stem cell research. Thus, his views are incompatible with a modernizing and secularizing society. 1970 marked the beginning of modern scientific research of embryonic stem cells. It was during this year that physiologist Robert G. Edwards at the University of Cambridge first fertilizedRead MoreChange Management Research6716 Words   |  27 PagesEffective Leadership Ââ€" FP International FP International is a privately held company with 550 employees worldwide and over $100 million in annual sales in 2005. FP International manufactures packing products such as bubble, air cushions, Kraft paper cushioning and ready-to-use products, polyethylene foam, loose fill made of 100% recycled polystyrene or cornstarch and Kraft/bubble mailers (About FP International, 2007). Arthur Graham is the founder and president of FP. Graham started the companyRead MoreMakabuhay Plant Extract4237 Words   |  17 PagesA STUDY ON THE IN VITRO ANTIMITOTIC ACTIVITY OF TINOSPORA RUMPHII BOERL (MAKABUHAY) STEM EXTRACT ON A549 NON-SMALL LUNG CANCER CELL LINE WITH NORMAL SALINE SOLUTION AS NEGATIVE CONTROL AND VINCRISTINE AS POSITIVE CONTROL. Group 09 PBL 1 - Research Donaldo, Manuel Emerson S., MD MSc. Butad, Mark Dave Isidore Estranero, Maria Fatima Lauro, Kathrina Joy Manago, Marika Zaphia Sala, Mikee Beneve Sy, Florge Francis Urtal, Sundyne SY 2012 – 2013 CHAPTER I IntroductionRead MoreHuman Immunodeficiency Virus And Its Population2423 Words   |  10 PagesAssignment 6c - Research Paper November 29, 2014 Alex Pungello rpungello@knights.ucf.ed Richard Pungello No modern nation is immune from the effects of Human Immunodeficiency Virus, or HIV, on its population. The Republic of Italy is no different. To understand how the Human Immunodeficiency Virus has taken shape within the Republic of Italy, it is first important to define and understand what this virus is in general terms. Human Immunodeficiency Virus is quite similar toRead MoreVaccination Saves Lives : Children s State Of Health1795 Words   |  8 Pages Vaccination saves lives. The parent or guardian has complete control in safeguarding their child from effects of illnesses such as measles. Parenting a child is an enormous responsibility as the parent must learn the facts about the possible diseases that can affect their children (Romm, 2001). However, in the public health sector, the importance of vaccination seems to be underestimated. Some of these public health practices not utilized to their maximum capacity hence disease that can be preventedRead MoreClinical Approaches Of Treating Sleep Terror Disorder9928 Words   |  40 Pagesmany effected individuals only require assurance of their safety and accurate facts of the nature of sleep terror episodes. Additional management may be a consideration if violent behavior becomes problematic or restricts daily functions. Research has indicated a number of features associated with sleep terror disorder but have not determined any definitive correlation between those characteristics and the etiology of sleep terror episodes. The focus of this evaluation is to analyze different clinicalRead MoreBCH190 Essay14810 Words   |  60 Pagescarbohydrates 3. The order that best represents size from the smallest to the largest biological entities is: (A) all answers are correct (B) Ribosomes-Mitochondria-Nuclei-Cells-Tissues (C) Organelles-Tissues-Organs-Organism-Species (D) Atoms-Molecules-Chain Molecules-Molecular- Structures-Organelles-Cells (E) Cells-Tissues-Organs-Individual 4. The major contributions to the discovery of the DNA double helix structure over fifty years ago, although not all were recognized by the NobelRead MoreAdvanced Nursing Ethics and Vales4938 Words   |  20 Pageschallenging ethical dilemmas in providing care for their patients. Some of the challenging dilemmas include providing care that will prolong life but decrease quality of life, euthanasia, whether to break confidentiality to provide care for a patient, stem cell research, etc. Currently, ethical decisions in the nursing profession and health care are becoming more complex. Due to this change nurses today require advanced problem solving ability and critical thinking skills to deal with ethical issues. Read MoreHemp Cultivation in China42289 Words   |  170 PagesDiemenstraat 192 1013 CP Amsterdam The Netherlands Clarke, R.C. 1995. Hemp (Cannabis sativa L.) Cultivation in the Tai an District of Shandong Province, Peoples Republic of China. Journal of the International Hemp Association 2(2): 57, 60-65. This paper summarizes the history of hemp (Cannabis sativa L.) cultivation and traditional use in the Tai an District of Shandong Province in the People s Republic of China, and investigates the cultivation and processing techniques currently being employed

Organic Healthy Food In Australia Samples †MyAssignmenthelp.com

Question: Discuss about the Organic Healthy Food In Australia. Answer: Introduction Health issues are increasing all over the world due to the type of foods people are taking and the lifestyle. In Australia, the consumption of fast foods has increased obesity cases and other health issues. It is becoming important that this problem is solved. Otherwise, Australia will be dealing with numerous health issues and a reduced lifespan. There are different methods of dealing with the issue such as regular exercising and healthy eating. As such, Health Food is a food chain that seeks to provide organic healthy food to the people of Australia. It will, however, faces competition from fast food chains such as KFC and McDonalds, as well as, restaurants and other healthy food stores such as Boost Juice Australia. This paper will explore the business environment for Health Food Inc. Macro environment analysis Macroeconomic factors of an enterprise are the elements that it affects its business but it has little control over such factors. These factors include political, economic, social-cultural and technological factors (PEST). They influence the running of a company, and the only way a corporation could deal with them is by adapting to the situation. The political factors comprise of all the elements in the political arena. It also notes the legal factors. Australia is a nation that enjoys political stability (Armstrong, Kotler, Harker, and Brennan, 2015. P. 30). For Health Food Inc., it means that its survival will not be disrupted by political instability in the nation. However, Health Food Inc. has to conform to the business regulations in the country. It has to deal with taxation, pollution, and consumer protection laws. Otherwise, it may face penalties and risk closure. Besides, different regulations will affect the company relating to their client and employee relations (Gupta, 201 3, p. 76). Secondly, the economic environment affects the revenues of a company. The condition of the economy dictates the wage rates and the price level of various goods. It also affects the purchasing power of consumers thus the ability to buy various goods and services. Australia is ranked as a developed nation by IMF and World Bank. It has economic stability. However, cycles of recession and boom have been experienced. During a recession, businesses struggle to survive as most people have cut on consumption (Cavusgil, et al. 2014, p. 80). Health Food Inc. will face competition from companies that provide fast foods in the country and are well established. Besides, restaurants provide healthy food as is Health Food Inc. objective. This rivalry will affect its market share. With aggressivemarketing and good public relations, Health Food Inc. could acquire a strong client base. Thirdly, the social-cultural factors relate to the people of Australia. People in Australia like to consume fast foods. Health Food Inc. has to deal with this lifestyle and position its product in a manner that attracts people to start taking healthy food. Especially, the young generation that likes fast foods, Health Food Inc. has to convince this populace to buy its products. Additionally, technological factors that Health Food Inc. should adapt to is online purchasing. It should set an online website and provide free delivery services similar to the KFC and McDonalds (Fleisher, and Bensoussan, 2015, p. 36). Microenvironment analysis The microeconomic environment consists of the factors that company has control over. They include employees, suppliers and the owners. Health Food Inc. aims to provide healthy food in the Australian food market. To do so, it has to acquire its inputs from farmers that participate the cultivation of organic foods. It should screen these suppliers to ensure that the methods of farming are conventional and that their inputs are not genetically modified. Health Food Inc. can control the inputs it buys from suppliers by ensuring that they always get fresh organic products. Besides, it can bargain the prices offered to ensure that control it operating expenses (Kew, and Stredwick, 2017, p. 54). Secondly, Health Food Inc. has to pay emphasis to its internal relation. The food industry is a service industry that is highly dependent on the employee productivity. Health Food Inc. should cultivate an organizational culture that encourages its employees to provide quality services to the client. It will affect the reviews for Health Food Inc. and impact on its performance. Additionally, the owners and the management team are responsible for making decisions and strategies that guide Health Food Inc. into a successful business. Besides, these plans will affect its market position, productivity, and profitability (Kew, and Stredwick, 2017, p. 54). Conclusion Health Food Inc. mission is to provide healthy food in the Australian food market. It should focus on its micro and macro environment before making strategies to venture into the market. It should position its product to ensure that it is competitive. Besides, aggressivemarketing will create awareness for the firm. It should use online services and provide free delivery to attract potential customers and maintain its client base (Singh, 2015, p. 89). References Armstrong, G., Kotler, P., Harker, M. and Brennan, R., 2015. Marketing: an introduction. Pearson Education. Cavusgil, S.T., Knight, G., Riesenberger, J.R., Rammal, H.G. and Rose, E.L., 2014. International business. Pearson Australia. Fleisher, C.S. and Bensoussan, B.E., 2015. Business and competitive analysis: effective application of new and classic methods. FT Press. Gupta, A., 2013. Environmental and pest analysis: An approach to the external business environment. Merit Research Journal of Art, Social Science, and Humanities, 1(2), pp.13-17. Kew, J. and Stredwick, J., 2017. Business environment: managing in a strategic context. Kogan Page Publishers. Singh, M., 2015. Importance of Environment Analysis in Marketing.

Oko Nelson Essays (351 words) - Life Skills, Linguistics

Oko Nelson Professor Bonnie Pratt Com 122 January 16, 2018 Any Reading Makes You Intelligence In "Reading Literature Make Us Smarter and Nicer" Annie Paul claims that individuals that reads Novels, poems, and fiction books are better able to understand other people, empathize with them and view the world from their perspective there for making them smarter and nicer. I agree with her claim that reading makes you understand the world better, improve writing skills , enhanced your intelligence, and helps you empathize with other people. On the other hand I don't agree that only reading fiction literature makes enhances your intelligence. Reading opens up a world for you that everyone has to expe rience . It teaches you things you never knew, help communicate with better, and makes you smarter, and most important makes you a better person. Today many people believe reading is not a necessity, such people have a low vocabulary, poor communication skills , and low intelligence; like what Paul said "young people are deprived from a elevating and enlightens experience of reading that will enlarge them as people" . N owadays young people only read when their teachers tell them to and are so attached to their digital devices and because of this kids are deprived of intelligence an there for not able to keep up with today's reading standers. Even though reading as a whole makes you smarter and helps you empathize with other people reading just non-fiction does not make you smarter or empathetic . I love reading books that teaches me something new every day, but I don't enjoy is reading non-fiction because in a since it is not real, so why waste time reading a story when you can read an educational book or a biography of someone's life that can build you up. There are more people like me who are not tone to reading non-fiction literature, but love to reading in general and are very smart. Like what Pa ul said we need no fix t his issue with young people and show them have amazing reading is

Learn How to Conjugate Oublier (to Forget) in French

Learn How to Conjugate Oublier (to Forget) in French The French verb  oublier  means to forget. When you want to say I forgot in the past tense or he is forgetting in the present tense, youll need to know the verbs conjugations. This lesson is a perfect introduction to those because well show you how to create the most basic and commonly used forms of  oublier. The Basic Conjugations of  Oublier French verb conjugations can be a bit of a challenge because there are more words to memorize than we have in English. Where English has the -ing and -ed endings, French has a new ending for every tense as well as every subject pronoun. That means you have five extra words to learn for each tense. The good news, however, is that  oublier  is a  regular -er verb, meaning it follows the most common rules for French conjugations. Once you learn the endings for this verb, you can apply those to almost every other verb that ends in -er. This makes studying each new verb just a little easier. You can use this chart to find the proper ending to attach to the verb stem of oubli-. Simply match the subject pronoun with the appropriate tense for the sentence youre using it in. For example, I forget is  joublie  and we will forget is  nous oublierons. Present Future Imperfect j oublie oublierai oubliais tu oublies oublieras oubliais il oublie oubliera oubliait nous oublions oublierons oubliions vous oubliez oublierez oubliiez ils oublient oublieront oubliaient The Present Participle of  Oublier The  present participle  of  oublier  is  oubliant. This was formed by simply adding -ant  to the verb stem. Its a rule that is applied to most other -er  verbs. Oublier  in the Compound Past Tense For the past tense, you can use either the imperfect or the compound known as the passà © composà ©. For the latter, youll need to know the conjugates of the auxiliary verb avoir as well as the past participle oublià ©. It comes together quickly: conjugate  avoir  into the present tense for the subject, then attach the past participle. For example, I forgot is  jai oublià ©Ã‚  and we forgot is  nous avons oublià ©. More Simple Conjugations of  Oublier When you dont know whether you forgot or not, you can use the subjunctive verb mood. In a similar fashion, if youll forget about something if something else happens, the conditional verb mood  is useful. Though they dont need to be a priority, there may also be times when youll need to use either  the passà © simple  or  imperfect subjunctive. Subjunctive Conditional Pass Simple Imperfect Subjunctive j oublie oublierais oubliai oubliasse tu oublies oublierais oublias oubliasses il oublie oublierait oublia oublit nous oubliions oublierions oublimes oubliassions vous oubliiez oublieriez oublites oubliassiez ils oublient oublieraient oublirent oubliassent Brief and very direct sentences in French can be used in the imperative form. For these, skip the subject pronoun entirely and simplify it to oublie rather than tu oublie. Imperative (tu) oublie (nous) oublions (vous) oubliez

Tendering and Procurement in the Construction Industry

Tendering and Procurement in the Construction Industry The Issue of Project Collaborating in Construction Construction companies sometimes encounter excess commitments and since they work in partnership with other companies, they occasionally opt to work in collaborative construction contracts (Manuel 2014).Advertising We will write a custom report sample on Tendering and Procurement in the Construction Industry specifically for you for only $16.05 $11/page Learn More Collaborative construction contracts are forms of building arrangements and agreements or other forms of mechanisms that allow the involvement of companies to work together in a single project. Whereas the collaborative construction contracts may prove significant especially when contractors are dealing with mega construction projects that require skill combination and timely completion, they are sometimes challenging. According to Manuel (2014), such project partnerships or collaborations act as effective strategies of managing project risks and c ompleting the projects within the stipulated timeframe. Companies that engage in collaborative construction contracts normally possess the aim of achieving the common goal of ensuring an effective project execution (Manuel 2014). Nonetheless, the arrangements for the collaborative construction contracts have often been doubtable and the achievement of the common goal often proves impossible. Construction contracting is normally a complex process that requires trust building among the parties due to time, project quality, and financial issues (Mead 2007). Projects undertaken through collaborative construction contracts have regularly attracted economic, legal, trust and accountability disputes (Osipova Aleberger 2007). Such scandals between the partnering companies have reduced the adoption of the collaborative contracts across the world.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More In most circumstances that involve collaborative contacting, there is normally no guarantee about the successful completion of the construction projects, the quality of the final project, or the responsibility of taking the construction risks among the project partners (Osipova Aleberger 2007). The complex nature of the collaborative construction contracts also poses the issues of mistrust, and the scandals concerning the accountability of the parties involved in the contract agreements. Companies have reported several procurement cases concerning the ambiguities in the partnered projects and the lack of accountability between the members. Issues of Trust and Accountability Maintaining trust and accountability in the collaborative construction contracts has been a prevalent menace to the employers, the contractors, and the subcontractors (Mead 2007). It has remained to be a legal fact whether parties to a commercial contract have confined themselves to any written contract. The construction law often assumes that whether the written contract existed or not, there was or should have been some form of agreement reached between the construction parties. Additionally, most of the collaborative construction agreements rely on the unprofessional terms of voluntary arrangements, mutual trust, good faith, and mutual beneficence (Mead 2007). Building the trust and following the complex parameters of the framework agreements are challenging tasks. In the 1990s, when the British Petroleum Company wanted to reduce the costs associated with project construction, several challenges pertaining to trust, construction costs, time efficiency and the quality of the completed projects emanated (Mead 2007). The first controversy was the Andrew Field Project.Advertising We will write a custom report sample on Tendering and Procurement in the Construction Industry specifically for you for only $16.05 $11/page Learn More The first scandal that emerge d in the Andrew Field Project was mistrust. This showcase trial project was a successful deal, although trust between the members took a long time to prevail. British Petroleum wanted to prove how collaborative projects could be cost effective, time efficient, and successful with minimal efforts (Mead 2007). The first case of mistrust began with the initial process of tendering because the company subjected the contractors to a competitive bidding process. Due to the rigorous process of bidding, almost a third of the contractors pulled out because they suspected that the company worked with biasness (Mead 2007). After a successful bidding process, the BP project manager, John Martin was oblivious about the estimated amount for the construction. The contractor estimated the total cost to about 373 million sterling pounds, but the actual cost went down to 320 million sterling pounds (Mead 2007). To be contented with the deal, John Martin had to hire external auditors. Ambiguities of C ontractual Terms Budget Compliance Collaborative contracts in the construction sector might sometimes turn out to be unsuccessful because construction partnerships often evolve in complex situations, their parameters are often unclear, and there exist a lot of mistrust between the project owners, the contractors, and the subcontractors. According to Osipova and Aleberger (2007), collaborative contracts are normally unclear at their beginning, and one of the parties often tends to breach the agreements due to the nature of the unstable contracts. One of the controversial construction cases in partnered projects was the maintenance of Danish Main Roads. The Danish Directorate of Roads has the responsibility of managing about 3800 km of the Danish main roads. In 2003, the institution entered into a partnering agreement with three other companies to manage and maintain the Danish roads (Mead 2007).Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The contracts involved agreements that ranged between 200 thousand sterling pounds to 6 million sterling pounds. In total, the projects amounted to over 20 million sterling pounds. Although the partnering agreement managed to record some significant cost reductions in the first three years, 3%, 6%, and 4.5% correspondingly, the contractors complained about excessive wastage of time and financial resources (Mead 2007). In a separate auditing report done by independent auditors, the company seemed to have used more resources in the planning and implementation of the project (Mead 2007). During the process of negotiating the terms and conditions of the agreements involved in the partnership, the company took the contractors through strenuous and time consuming consensuses, meetings, public procurement regulations and other strict procedures (Mead 2007). Given that the project was under three collaborating companies, the time and resources used to go through the various agreement proces ses, made the project seem tricky and costly to some of the constructors. According to the independent auditing firm, several other expenses went unaudited and the estimated improvements were therefore untrue. Issues Pertaining to the Project Quality In collaborative construction contracts, the issue pertaining to the quality of the project is often a disputable concept. Collaborative projects comprise agreements between several contractors, suppliers, and other construction agencies (Manuel 2015). Managing the quality of the project to meet the expected design standards and the project requirements is often a challenging factor because different construction companies have different ways of enhancing the quality of the projects assigned to them (Manuel 2015). In the process of trying to beat the given deadlines and work within the provided budgets, some contractors may work with constrained finances to make considerable financial savings. In April 2013, the Bangladesh government fa ced a challenging task of unraveling the causes of a collapsed building that caused serious fatalities amongst some civilians (Manuel 2015). Three different contractors had collaborated to construct an eight-story building at the capital city of Bangladesh, Dhaka. Thought to be a mysterious tragedy, the government launched an investigation to determine the causes of the collapse. The first insight from the government officials revealed that the building had collapsed due to several construction lapses that the joint constructors caused. The contractors used shoddy construction methods to avoid some government levies that come from the construction permits (Manuel 2015). A government civil engineering expert known as Henri Gavin established that the partnering contractors had wanted to ensure a quick start of the project. This meant that they had to use substandard material, poor construction methods, and fake tendering of the materials to reach their first construction targets (Manu el 2015). In a report, Henri Gavin revealed that the contractors developed an uneven footing and had a poor following of the project plan. They used unstable reinforcing steel, little concrete and several other substandard materials to fight against time and the construction cost (Manuel 2015). The contractors hired in this project used an illegal tendering process to acquire materials that would kick-start the project before the government could discover their deal. The Concept of Framework Contracting Constructors sometimes engage in long term contracts due to the arrangements made based on their performance with the employers (Glover 2007). A framework contract is a form of a constructional agreement that entails a long-term procurement plan with the clients to secure the construction service of quality contractors or reliable suppliers through ensuring them a stable supply of jobs in future. According to Glover (2007, p. 1), â€Å"the Framework agreement, often known as an umbr ella agreement, is an agreement, which is reached between two parties to cover a long-term collaborative arrangement.† Contractors engage in framework contracts during the low seasons in the construction industry. According to Glover (2007), when the scarcity of the construction jobs is over and the jobs have reemerged, the constructors compete veraciously for construction jobs available in the market. The implications arise due to the long-term procurement strategies because contractors would often feel that the framework agreements have restricted them from winning better tenders. Terms of Termination and Scandals Involved A constant issue that arises in the framework contracts that involve long-term agreement in the supply of products and services in the construction deals is the terms of terminating the framework arrangements. According to Glover (2007), when the contractors feel that, the construction jobs have reemerged in plenty and the moment of unemployment is over, t hey often way the benefits of remaining within the framed arrangements and the benefits of searching for other new tenders. It is often uneasy because one of the parties will often feel disadvantaged and disappointment with the withdrawal of the disagreeing partner or the insistence of the other partner to commence the framework (Glover 2007). Framework agreements do not normally have a fixed duration of existence and in legal terms, both parties must abide to the durational conditions. In normal circumstances, parties can often terminate the framework agreement at any time, at their own will, and within their terms of agreement. Claims of wrongful termination, loss of contract profit, and waste of time in the framework agreement have been persistent in many cases. While engaging in framework agreements, the parties must always observe and uphold the stipulations of the JCT Framework Agreement that governs public and private sector framework procurements (Sakal 2005). According to C lause 22 of the JCT Framework Agreement, that controls the termination of frameworks, â€Å"no task with duration of more than 12 months is to be instructed in the final 3 months before the framework end date† (Glover 2007, p. 8). Such a section protects the parties from engaging in long-term relationship and commitments that are non-beneficial. The section states that either of the parties can terminate the agreement through a one-month notice the last month of the framework contract ends (Glover 2007). Cases involving uninformed, untimely, and ill-motivated terminations have often struck the efficiency of the framework agreements. Unmet Promises supply of future work Although the companies that procure contractors on framework contracts believe that they have the ability to continue providing their clients with a steady supply of future work, sometimes their promises turn out unachievable. Glover (2007) explains that contractors at this moment find themselves losing importa nt tenders, contract profits, and waste time needed to engage in new contracts with stable companies. Therefore, they often prefer to quit the framework contract. In a Northern Ireland case, a contractor lost profits and made him feel underprivileged to lose a framework contract. However, those who stay in a unprofitable frameworks miss the chances of securing some important tenders that present themselves in the market during the period of the long-term procurement engagement (Sakal 2005). This is because the contractor would possibly lose the promised benefits of future work and other privileges that were to accompany the long-term procurement strategy. A failure of the employer to make genuine promises becomes a legal dispute because the contractor would always want compensations concerning the time wasted in the abortive framework agreement. False promises in the frameworks contracts are prevalent and making legal and ethical claims exists among the involved parties. According t o Glover (2007, p.13), â€Å"the ability to make claims for loss of chance or loss of receiving is difficult because a claimant must establish on the balance of probability that there is some link between the defendant’s negligence and the claimant’s loss.† False promises contravene the principles of good faith in the framework contracts and override the requirements of transparency in the endorsement of the construction contracts (Sakal 2005). As witnessed in some framework cases, unless there are verifiable facts that the employer made some promises in the framework agreement, the courts can rarely assist the contractors to get their payments concerning the promised future benefits. In case of a legal issue, Glover (2007) argues that unless the defendant agrees that there existed some promises in the framework agreement; the contractor will often remain to be a loser in the construction deal and in the profit claims. The Problem of the Unforeseen Uncertainties Sometimes constructions face enormous challenges such as collapses or destructions that result from the natural catastrophes and other uncertainties. Uncertainties are normally unpredictable and unforeseen (Osipova Aleberger 2007). Constructors serving in a framework contract that faces such challenges normally feel frustrated and would often want to terminate the framework arrangements made in the construction contract. When perhaps the employer failed to insure the project, contractors in that framework agreement will often incur considerable financial losses. According to Glover (2007 p. 13), â€Å"where the quantification of the claimant’s loss depends on future uncertain events, the loss has to be determined on the court’s assessment of that risk materializing.† Uncertain events such as the natural calamities are often unforeseen and setting up a claim for any form of compensation due to the damages is normally a challenging issue for the both parties. Pr oblems in framework agreement Framework agreements have never missed scandals due to the issues of fairness, equality, financial losses, project quality, and mistrust in the provision and arrangements of framework tenders (Burnnet Wampler 2003). One of the controversial cases that marked a series of arguments is the case of Henry and the Department of Education in Northern Ireland. Henry Bros as a contractor engaged in a framework contract with the Department of Education of Northern Ireland. Henry complained that the construction contract was inappropriate in its contracting agreements (Burnnet Wampler 2003). Henry Bros disputable about the framework agreement when he presented the legal claim based on the foundations of the 2006 Procurement Regulations of Northern Ireland. By awarding a construction tender to Henry without following the basic standards of tendering a construction process, the high court of Northern Ireland considered it illegal because the Department of Educatio n for Northern Ireland seemed to have breached the Procurement Regulations of 2006. Another similar case to that of the Northern Ireland contractor and a school department is the 2003 public procurement case that involved the New South Wales vs. the Austeel Pty Ltd (Burnnet Wampler 2003). The New Wales sub national government, which was the defendant, had entered into a framework agreement with Austeel Pty Limited to construct a large steel plant around the city of Newcastle (Burnnet Wampler 2003). The scope of the construction contract and the terms of the contract were extremely diverse and consisted several parameters of contract agreements pertaining to urban planning and designing. The government disputed the construction progress because certain processes of the deal were disputable because they failed to follow a certain dispute resolution framework. The government was unsure about the continual performance of the contractor, was not sure about the entire tendering process, and was not even sure amount the possible amount that the project could not exceed. The government feared to lose money and waste time. The Concepts of Risk Allocation and Commercial Balance The risks of engaging in construction contracts are extensive even in the concepts of risk allocation and commercial balance (Sakal 2005). Sometimes the employers would want to dominate the ultimate results of the projects and the issues of time certainty through using fixed costs, may sometimes be unrealistic in a construction project (Mead 2007). Such concerns explain the reason as to why it is significant to determine risk allocation and commercial balance during the process of entering into a construction agreement to avoid time and money losses. In most circumstances, financial issues and risk management are some of the major concerns that arise in a construction contract due to the complex nature of materializing the project and the presence of some unprecedented risks (Mead 2007). Using fixed costs in a construction project has become an issue for the contractors because of the nature of the fluctuating prices of building materials and the nature of framework contracts. Since the construction risks are diverse and often unforeseeable, when the employers seek to control, the ultimate results of the project and at the same time maintain time certainty and fixed costs, the constructor will be vulnerable to most risks (Mead 2007). When the employers tends to control the three major factors of determining the management of risks, there is often a likelihood that the project is financially impracticable, the site of the project is dubious, the insurance systems on the project are incompetent, the construction material is fake and illegal, the authority approvals are unmet, or the land possession is suspicious. Working in a dynamic environment where contractors have little say on the socioeconomic issues also places them in a quandary when the employer tends to force a fi xed pricing on the construction (Sakal 2005). Such scenarios have occurred persistently in several construction cases and required the intervention of the court to resolve the imminent disputes. Allocation of Risks in a Construction Project Risk is normally an inevitable aspect in a construction and both the employer and the constructor always wish that risks never befell them. According to Glover (2007 p. 3), â€Å"on each project-specific underlying contract, remember it will still be necessary to consider the scope of work and/or services, allocation of risk, completion date, price and payment particular to that project.† Most risks are unforeseeable and both parties can never determine the occurrence of a risk at any point of the construction process. It is very vital for the contractors to analyze the aspects of risk allocation due to several unforeseeable issues that may affect their contractual agreements (Osipova Aleberger 2007). Assessment of risk allocation in a co nstruction projects makes the contractors aware of the unreasonable excuses and manipulations that the employers can cause in a construction deal. Knowing the risks associated with a construction contract such as the risks of project financing, discrepancies, and omissions helps the contractors to assess the contracts. Commercial Balance in a Construction Contract The construction sector often experiences challenges of market fluctuations in the procurement processes and especially in the procurement of the construction materials, whose prices change occasionally (Glover 2007). As witnessed in the above cases, working on a fixed budget from poor estimation made by the employer puts the contractor at risks of encountering the risks of material shortages, shortage of hiring skilled workers, and shortage of hiring some construction related services such as transportations. Such shortages significantly expose the contractors at risks of settling claims related to inadequate designing of the intended project, incompletion of the assigned project, and poor selection of the construction material (Manuel 2014). According to Glover (2007), contractors must understand principles of agreeing to certain standards of projects to ensure that cost estimations take into account the issues related to the price and quantity of the project. Therefore, on risks associated with fixed costs, the contractors must analyze the financial feasibility, the budgetary allocation, and the market prices. Time Certainty in a Construction Contract Time is a considerable factor when it comes to construction of projects that require quick completion (Darrington Lichtig 2010). As witnessed in many construction cases, when the employer tends to control the aspects of time related to the completion of a project, there is normally a high likelihood that the contractor may encounter some serious time implications (Manuel 2014). In a scenario where the employer tends to control the aspects of time an d budget, the contractor will likely fall short of the expectations of the employer concerning the quality of the project or the state of the project, the poor designing of the project, inappropriate construction standards, and delayed progress of the project (Darrington Lichtig 2010). Contractors would often want to work on low budgets and make some considerable profits from the construction projects. Manuel (2014) states that because some natural occurrences may delay the construction project; contractors should often assess the constructional costs and the time certainty issues. Scandals Associated with Fixed Cost Projects One of the controversial cases that pertain to risk allocation and commercial balance is the 2009 case of the family of Godbold and Mr. Camilleri who was a local contractor. The case entailed a fixed-price construction contract of $363,446 between the constructor, Mr. Camilleri, and Mr. and Mrs. Godbold (Darrington Lichtig 2010). The project was a constructio n of a personal house, which the employers promised on pay on eight installments depending on the progress of the construction. Due to the dynamism of the construction market and the related market fluctuations, Mr. Camilleri found himself in financial difficulties and opted to request for more money from the project owners (Darrington Lichtig 2010). Mr. and Mrs. Godbold continued to pay the installments based on the progress of the construction, but remained reluctant to answer the request of Mr. Camilleri concerning the increment of the construction funds. When Mr. Camilleri informed the owners that the project would probably take another $163,523.03 to complete, they terminated the deal. Mr. Camilleri left the house unfinished due to financial constraints and time limitations. The house project finally ended on a sum of $44,157.23 through different contractors (Darrington Lichtig 2010). However, the contractors who completed the construction project were unable to complete the house in accordance with the design and quality expectations. The increased cost of completing the house, made the Godbold family to limit their efforts in completing the project, rather than getting the best out of the expected design (Darrington Lichtig 2010). Although the case went to the court and the court could not ascertain the level of the unprofessionalism of the constructor in underestimating the cost of the construction project. This was due to the reason that there was no evidence about a complaint concerning a defective building work, Mr. and Mrs. Godbold (Darrington Lichtig 2010). The court requested the defendant to pay complainant a sum of $44,157.23 as compensation based on the stipulations of the statutory home warranty scheme. Such a scenario explains that the projects assigned to the contractors on fixed costs normally have the likelihood of facing financial instabilities (Darrington Lichtig 2010). Projects carried out on fixed costs normally put the contracto rs at risks of constructing substandard projects, because the contractors, like in the case of Mr. Camilleri, fail to balance the commercial factors and the expected quality of the project (Darrington Lichtig 2010). The case of the two parties reveal the manner in which fixed cost projects are risky engagements for the contractors especially when one considers the persistent changes in the prices of the materials, the services of other builders, and other costs related to construction (Darrington Lichtig 2010). The scope of construction normally shifts from the intention of constructing highly standard projects, to the aim of ensuring that the project meets the standards of the estimated costs and the financial parameters provided by the employer. References Burnnet, J Wampler, B 2003, ‘Unit Price Contracts: A practical Framework for Determining Competitive Bid Price’, The Journal of Applied Business Research, vol. 14, no. 3, pp. 63-72. Darrington, J Lichtig, W 2010 , ‘Rethinking the â€Å"G† in GMP: Why Estimated Maximum Price Contracts Make Sense on Collaborative Projects’, The Construction Lawyer, vol. 30, no. 2, pp. 1-12. Glover, J 2007, Framework Agreements: Practice and Pitfalls, fenwickelliott.com/ Manuel, K 2014, Legal Protections for Subcontractors on Federal Prime Contracts, https://fas.org/sgp/crs/misc/R41230.pdf Mead, P 2007, Current Trends in Risk Allocation in Construction Projects and Their Implications for Industry Participants’, Construction Law Journal, vol. 23, no, 1, pp. 23-45. Osipova, E Aleberger, L 2007, Risk management in different Forms of Contract and collaboration- Case of Sweden, irbnet.de/daten/iconda/CIB4894.pdf Sakal, M 2005, ‘Project Alliancing: A rational Contracting Mechanism for Dynamic Contracts’, Lean Construction Journal, vol. 2, no. 1, pp. 67-79.

The role and importance of creativity and innovation in generating Essay

The role and importance of creativity and innovation in generating competitive advantage - Essay Example Porter has emphasized that the motivation behind the formulation and adoption of any strategy is the achievement of competitive advantage. To achieve competitive advantage a business organization is required to build a steadfast choice about the form of competitive advantage it wants to accomplish and the range of resources within which it would strive to achieve that level. Competitive advantage sought by firms can be classified into two basic types; low cost and differentiation (IFM, n.d.). On the basis of these two competitive advantages Porter has come up with three generic strategies (Porter, 2008, p. 12) namely, cost leadership, differentiation, and focus. The last strategy has two sub categories, â€Å"cost focus and differentiation focus† (IFM, n.d.). These strategies help the firm deliver a better than average performance. Cost leadership Any firm that follows the strategy of cost leadership, targets at becoming the only producer in the entire industry whose cost of p roduction would be lower than all its competitors. The producer seeks to exploit economies of scale and follow competitive pricing (Richardson and Dennis, 2003). Cost leadership strategy is a key to success for several successful companies; one among them is Walmart (Baroto, Abdullah and Wan, 2012). Differentiation Under this strategy the firm concentrates on becoming unique in the products it offers. It does this by identifying certain product dimensions that consumers value the most. The firm develops its production and marketing strategies in such a way that it can satisfy the customers’ demand for those attributes and hence receives premium price for that uniqueness. For example, Apple Computers makes â€Å"differentiation by technology† (Baroto, Abdullah and Wan, 2012, p. 120) to preserve its competitive advantage. Focus The firm selects either a group of segments or a single segment from the industry in which it belongs and optimizes its strategies to serve these segments so well, as to gain competitive advantage over all its competitors. A firm can pursue this by either creating cost advantage in a targeted segment (cost focus) or by developing a differentiation in a targeted segment (differentiation). Tesco follows the focus strategy to blend elements of both differentiation and low cost (Baroto, Abdullah and Wan, 2012). Total Quality Management Total quality management (TQM) is â€Å"an art of management† (Singh, Qureshi and Butt, 2007) that became popular with business organizations in 1980s. Clark (1996) has explained that this management strategy focuses on maintaining quality of in all processes running in an organization; manufacturing, human resource, financial procurements, R&D and administration. Implementation of total quality management provides a framework that guides the organization to select competitive advantages in the face of uncertainty. These competitive advantages become the foundation on which operational deci sions are made regarding the marketplace (Tseng and Lin, 2008). Quality management is an approach that many firms consider the basis for making differentiation from competing firms (Singh, Qureshi and Butt, 2007). The role played by TQM in a firm is that of creating a demanding work environment and also lay down ways to fulfil the demands through team spirit, mutual trust, honesty, open communication and fun. In this framework, changes are appreciated, fear is defeated and resistance towards change is