...School of Housing, Building and Planning 2014/2015 RMK 254 Legal Studies Project title : Prepared by : Hung Boon Sing (119217) Nur Syabihah binti Ismail (119324) Yeow Jun Heng (119383) Submitted to : Date : 1st December 2014 Content Introduction- Tort Law…………………………………………..................................3 Trespass……………………………………………………………………………..4-6 Nuisance…………………………………………………………………………....7-12 Negligence………………………………………………………………………..13-14 Distinguishing nuisance and trespassing to land……………………………………15 Distinguishing nuisance and negligence…………………………………………16-17 Discussion……………………………………………………………………………18 Reference…………………………………………………………………………......19 INTRODUCTION Tort Law Tort law is a body of rights, obligations and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others. The person who sustains injury or suffers pecuniary damage as the result of tortious conduct is known as the plaintiff, and the person who is responsible for inflicting the injury and incurs liability for the damage is known as the defendant or tortfeasor. Tort denotes a breach of duty imposed by law. The nature of the duty is to act as a reasonable person exercising reasonable diligence. Tort exceeds the obligation of a party under contract. The duty could be to the other party in a contractual relationship, as well as to any third party who, it is reasonably foreseeable, would get affected...
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...who lives in the community regarding the construction of the new large factory before any problems occur in the future. The process of building a factory is not that simple, it needs a lot of planning and has to pass several laws from the government. The documents must be completed such as the written report from the researcher such as environmental research, traffic management research and social problem. These research documents is an essential way for the government to approve the proposal of the construction in every nation. The question is do they build a large factory base on the acceptance of the community with the government permit or not? To begin with, some people feel that building a large factory close to their community would give many advantages. When the large factory opens, it will create a lot of job opportunities surrounded that community. The construction opens the possibilities for any outsider to invest money to the city which it boosts the economic growth within the community. However the impact is it will help the infrastructure and the city development. Although some people believe it brings a lot of advantages, we should consider some disadvantages from the construction such as large factory produces lots of pollutions which it influence the environment such as soil, ground water, stream river, fresh air and dust everywhere. We should also bear in mind that the increase number of traffic vehicle in construction supplies generates much noise furthermore...
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...Mr. J. Orlando, Clerk Superior Court, Appellate Division Hughes Justice Complex 25 W. Market St. Box 006 Trenton, NJ 08625 Re: State v. Heine, A-001720-10-T4 Dear Mr. Orlando: Please accept the attached letter brief in lieu of a more formal brief in support of my Motion for Reconsideration. PROCEDURAL HISTORY AND STATEMENT OF FACT The Garfield City Council adopted Ordinance 2382 in 2003 which was an acceptance of a copyrighted document called the International Property Maintenance Code(IPMC). They cited a few changes to the text of the code and noted them in the ordinance. Everything else is exactly as it appears in the IPMC. If a resident is charged with a violation of the Garfield codes, they may look up the codes on the internet. If their charge is something in the IPMC they are unable to look it up on the internet. They have to call the company and charge $24 to their credit card and a copy will be sent or they would have to take off from work and go to town hall when the clerk’s office is open and read the IMPC or ask that a page be copied and pay $.75. The text of the IMPC reads very much like the NJ BOCA Code. The distinguishing feature is that the NJ BOCA Code is intended to give guidance to a person who is carrying out a permit and following the building code rules so the project will pass inspection. There is no criminal feature to the BOCA Code. Also, parts of the building or house that are not part of the permit are not even considered...
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...in 1898 and began in South Dakota. The procedure which citizens could initiate laws on their own without going through an elected representative of their State (Bagley & Savage, 2010, p. 144); this process has been used by citizens seeking to change governmental policy on wide range of topics including child labor, environmental protection, and property taxes. 1. Describe the company and the major initiative(s) they have planned for the next 5 years. W. M. Jordan Company is a full service; client focused Construction Company based in Virginia. It began business in 1958 and is now nationally known and ranked, regional in geographic scope, and deeply connected to the local community from which build. W. M. Jordan Company mass services within the fields of building and design from Construction Management, Preconstruction Service to Construction Consulting (W. M. Jordan Company). In today society preservation is one of the main factors. The U.S. Green Building Council (USGBC) is a committee of people vastly knowledgeable in the building industry whose main initiative is to promote and ensure a safer environment when buildings are constructed or redesigned for both the environment and the occupants (W. M. Jordan Company). The USGBC came up with the Leadership in Energy and Environmental Design (LEED) initiative certification which provides a systematic guideline when doing construction and providing a safe environment. Various LEED initiatives including legislation...
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...TITLE Tendency To Quit Among Women As A Quantity Surveyor In Construction Industry. There are many types of work in the construction industry like architect, engineer and developer. In which, it will focus more about woman who choose to be a quantity surveyor but have shorter lifespan in that scope of work compared to men. 2.0 OVERVIEW OF THE TITLE In Malaysia, number of women involved in the construction industry is said to have not that much compared to other sectors like education and health. However, they still play important part in the construction industry especially quantity surveyor. Unfortunately, they said to retired early and choose other forms of works instead of becoming a quantity surveyor. According to Institution of Surveyors Malaysia (ISM), there are about 4,928 members in the ISM where the number of women is1,500. The areas that they are working are as follows: • Quantity surveying: 42% • Geomatic and land surveying: 13% • Property consultancy and valuation surveying: 24% • Building surveying: 38% It proves that quantity surveyor dominates the chart in the quantity surveyor profession. But, men still beat them in number. According to Sr Wan Maimun Wan Abdullah, President of the Institution of Surveyors Malaysia (ISM), the reason men make up the majority is due to misconceptions by the general public about the surveying profession. Surveyors are often associated with the construction sector – burly men in yellow helmets, filthy and uncomfortable...
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...The 40 x 50m detached high rise office building of 60-storey high with 3-storey basement of 14m deep is to be built in a construction site of 90 x 100m in urban area. According to the RIBA plan of works, there are several stages including preparation, design, pre-construction, construction and use. The work progress will be shown as follows. Preparation First of all .In the preparation stage, the Appraisal and Design Brief are needed. It needs to gain a full understanding of the both ‘user clients’ and ‘pay client’s’ specific needs, objective and requirements. Moreover, the final statement of requirements inserts into the Design Brief by the client confirming key requirements and constraints, and identify the procurement, procedures, organizational...
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...What was the legal issue in this case? In the case of R. Williams Construction CO. v. OSHRC, the legal issue is employees of R. Williams Construction CO. were not properly trained to do their job and death as well as serious injuries occurred in the results. On September 19, 2002, a trench collapse at a sewer-construction project at the Chumash Casino Project in California seriously injuring Adam Palomar and killed Jose Aguiniga. Both Adam Palomar and Jose Aguiniga were employees of R. Williams Construction Company working on the construction project. Palomar and Aguiniga were responsible for cleaning the pumps throughout any given workday without getting specific instructions. The day of the accident, both Palomar and Aguiniga entered the unshored trench to clean the pumps for approximately fifteen minutes. As they began to exit the trench, a wall collapsed and almost buried Adam Palomar and completely buried Jose Aguiniga in which he died. The day before the accident, the hydraulic jack shoring system was removed. The hydraulic jack shoring system supported the trench wall that collapsed. Explain what the employer did or failed to do that violated the OSH Act. The R. Williams Construction Company failed to properly train their employees. The Company did not instruct its employees in the recognition and avoidance of unsafe conditions and in the regulations applicable to their work environment. The Company failed to ensure that no worker would have to travel more than...
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...07/03/2014 Construction Industry Analysis Stefano di Fabio Christopher Anderson Daniel Mujica GEOGRAPHIC AREA: Cooley Group assigned us to research the Latin American market and find business opportunities for their roofing products in this specific region. Therefore, we began our study by analyzing all 20 countries in Latin America. At first, we narrowed our selection by evaluating political risks. Due to recent political turmoil in Venezuela and Argentina, we decided to eliminate these nations from our selection. At the same time, countries with high economic-trade dependency with either Venezuela or Argentina were removed from our consideration set. These nations were Uruguay, Paraguay, and Bolivia. After we identified the countries with the highest political risk, we conducted a macro economic analysis of the remaining nations. By doing this, we were able to estimate future economic performance between the selected countries and narrow the constricted consideration set. Moreover, the economic indicators used for this analysis were the following: foreign direct investment (helps predict investors’ confidence level), manufacturing export (positively correlated with commercial construction), Real GDP growth (overall representation of an economic growth), GDP per capita using purchasing power parity (representative indicator of consumer purchasing power), currency fluctuation (significant...
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...NATIONAL CODE THE ARCHITECT’S CODE OF ETHICS “GISRIP”, “BBCC” G-eneral Objectives B-usiness I-deals B-ehavior S-uccess C-riticism R-emuneration C-reative Endeavor I-nterest of the Client P-rofessional Prerogative SPECTRUM OF THE ARCHITECTS SERVICES The Spectrum of the Architect’s Services UAP Doc 201 Pre-Design Services “EPASSSSP” - NON CREATIVE – no design and construction 1. E-conomic Feasibility Studies 2. P-roject Financing 3. A-rchitectural Programming 4. S-ite Selection and Analysis* 5. S-ite Utilization and Land-Use Studies* 6. S-pace/Management Studies 7. P-romotional Services * Must be EnP, Environmental Planner MDPE – compensation method Methods of Compensation 1. Percentage of Construction 2. Multiple Direct Personnel Expense MDPE Architect = NTRMf Consultant = NTRMf Staff = NTRMf ------------------------------ E = Direct Cost E + MP + RE = Project Cost; where MP (Marginal Cost = 30%), RE (Reimbursable Expense) Project Cost + AE = Professional Fee: where AE = Architect & Engineer Fee N – T – R – Mf – Min. Fee = 2.0 – 2.5 as Multiplier 3. Lump Sum/ Fixed Fee 4. Per Diem Plus Reimbursable Expense ...
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...Pearson BTEC Level 1 Award in Health and Safety in a Construction Environment (QCF) – Workbook Pearson BTEC Level 1 Award in Health and Safety in a Construction Environment (QCF) Level 1: 4 Credits Learner name: | | Learner registration number: | | Centre name/number: | | Assessor/tutor name: | | Your job role (if applicable): | | Main Organization:(This will either be the organization the Learner is employed by or, if the Learner is not currently employed within the construction sector an organization they are familiar with.) | UNIT SIGN OFFI confirm that the answers given within this workbook are my own work. Learner signature: Date: | I confirm that the evidence in this workbook has been assessed against the assessment criteria for this unit and has judged for validity, authenticity, currency, reliability and sufficiency.Assessor/tutor signature: Date: | Assessment Guidance It is expected that the majority of learners who will be undertaking this qualification will be preparing for employment within a construction role in an organization. The expectation is that learners will choose to complete this workbook in the context of their own job role. This method should allow learners to access the material required with ease and utilize the information in the workbook as evidence against a knowledge-based qualification where appropriate. However, it is necessary...
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...1000e106 Open Access Managing Multicultural Construction Teams in today’s Complex Global Environment Edward Ochieng* Faculty of Technology and Environment, Liverpool John Moores University, Liverpool, L3 3AF, UK The rapid globalisation of the world’s economy has had significant impact on the way construction project managers work, bringing them frequently with clients, suppliers and peer that they never work before. In an era of globalisation, projects in the construction industry face unique challenges in coordinating among clients, financiers, developers, designers and contractors from different countries. In addition, construction project teams need to cope with the complexities of both local institutions and physical environments. Bartlett and Gosha [1] discussed the challenges facing organisations, which are intending to work effectively across borders. They identified the major challenges as being able to develop practices, which balance global competitiveness, multinational flexibility and the building of a worldwide learning capability. They maintained that achieving this balance will require organisations to develop the cultural sensitivity and ability to manage and leverage learning to build future capabilities. While offering opportunities, globalisation also poses significant challenges for construction project managers especially when different cultures are involved as a team. Multicultural construction project teams have their culture as a set of shared...
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...BUS/475 Integrated Business Topics December 15, 2011 Strategic Plan - Part I: Conceptualizing a Business Land Forms Construction is a general engineering and landscape contractor located in Laguna Niguel, California. The company has been in business for over 21 years. The owners Jeff and Anna Tracy started out as a landscape contractor concentrating mainly on commercial projects in Southern California. The company expanded its services into Northern California and Arizona. In 2010, Jeff Tracy also added value to his company by acquiring a General Engineering license to add value to the services offered at Land Forms. Mission Statement Land Forms Constructions' mission is to provide the finest quality results in all that we do. It is our goal to undertake all projects with the attitude of 100% performance in all respects, including: 1. Safety of both the public and our employees and customers. 2. Compliance with environmental laws and regulations. 3. Quality of products and services. 4. Customer relations. It is our view that no project is successful unless our client is satisfied, the project was completed both on time and within budget, and the job has been built using the finest materials and methods so as to provide the maximum value to our customer. Sunburst Landscaping plants a landscape architect’s vision making a construction project come alive. For 34 years we have followed our mission statement of providing quality service to architects, general...
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...Company Overview Thoughts of a company like Graniterock did not exist until a granite deposit was discovered in 1861 near the Watsonville area. Individuals curious in locating new life made travels to the West. One individual in particular, Joanne McIntryre, found more than a new home when she came across Enoch Wilson whom she later married. Their son Arthur came along shortly after. In the years proceeding, Arthur attended and graduated from Massachusetts Institute of Technology and later returned to California. His career began as a construction engineer working for Oakland’s Leona Heights Quarry. Across the bay in Santa Cruz, a gentleman by the name of Warren Porter came across potential in the granite quarry located in Aromas. Warren suggested the purchase of the quarry to Arthur who later borrowed $10,000, and moved his entire family to Watsonville where he incorporated Granite Rock Company. Doors first opened for this construction company on February 14, 1900. Labor did not come easy back then as men worked by hand crushing stone to six inch and minus. Horse drawn carriages moved material from one location to another, where rail lines took care of longer distances. Workers dedicated entire lives to this labor, sleeping in bunkhouses, and eating in a cafeteria together before work began each day. Moving forward into...
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...be successful. For a construction company, this is especially true. Current businesses and new businesses want growth and the construction 2 companies are who make the physical structure of the business happen. Included in this paper, is a discussion of how horizontal mergers, government policies and regulations related to externalities, and business decisions by management affect the construction business entirely. The construction industry has been a result of a lot of change in the past few years. The construction industry consists of small business to the very large corporation. A small business in the construction industry can be considered a simple handyman business. A large business in the construction industry can be considered a new commercial builder. With the limited barrier of entry the construction industry has been threaten by new companies entering the market. New companies entering the marking have posed a threat in which causing the existing construction companies to have a strategic plan to prevent from closing their doors. With a strategic plan in place the existing construction companies will have the tools needed to compete with newer companies entering the market. The recent events in the economy have increase globalization. Globalization is the activity between the world's markets and businesses (Colander, 2010). This activity allows for import and export of goods between countries. This has been a new trend in the construction industry due to the fact...
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...be successful. For a construction company, this is especially true. Current businesses and new businesses want growth and the construction companies are who make the physical structure of the business happen. Included in this paper, is a discussion of how horizontal mergers, government policies and regulations related to externalities, and business decisions by management affect the construction business entirely. The construction industry has been a result of a lot of change in the past few years. The construction industry consists of small business to the very large corporation. A small business in the construction industry can be considered a simple handyman business. A large business in the construction industry can be considered a new commercial builder. With the limited barrier of entry the construction industry has been threaten by new companies entering the market. New companies entering the marking have posed a threat in which causing the existing construction companies to have a strategic plan to prevent from closing their doors. With a strategic plan in place the existing construction companies will have the tools needed to compete with newer companies entering the market. The recent events in the economy have increase globalization. Globalization is the activity between the world's markets and businesses (Colander, 2010). This activity allows for import and export of goods between countries. This has been a new trend in the construction industry due to the fact...
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