Premium Essay

Sms Construction Case

Submitted By
Words 1459
Pages 6
INTRODUCTION

This is construction defect case wherein Defendant SMS Construction, LLC (“SMS Construction” or “Defendant”) is attempting disclaim its duties and obligations as general contractor. SMS has not offered any evidence regarding damages or third-party subcontractors and/or Plaintiff James Bannie (“Plaintiff” or “Bannie”) causing or contributing to the damage at the Property. The Court must exclude all testimony and opinion from Defendant regarding damages. The Court must also exclude damage from Mr. Geoffrey Jillson of Guy Engineering because his testimony will be based on hearsay which is inadmissible independently and he does not qualify as an expert to testify about damages. Moreover, the jury would benefit from viewing the Property …show more content…
SMS Construction signed a contract and agreed to provide general contracting services to Mr. Bannie. Adams Supp. Aff., Ex. 3. The contract plainly states that Defendant “agrees to general contracting of new construction home from start to finish.” Mr. Bannie states that Scott Soika, owner of SMS Construction, LLC, represented to him that he was capable of doing “it all”—including general contracting. Bannie D. 28:9-12. The nature of their familial ties are irrelevant. Soika also signed the Contractor’s Acknowledgment and Consent forms which …show more content…
It has long been established by the Minnesota Supreme Court that “the opinions of other witnesses do not constitute a legitimate element of the basis of the opinion of an expert witness.” Crozier v. Minneapolis St. Ry. Co., 106 Minn. 77, 79, 118 N.W. 256, 257 (1908). While it is true that Minn. R. of Evid. 703 states that expert witnesses may base their opinions on hearsay--which would be the basis of Mr. Jillson’s testimony--it must be reliable. Defendant must also show “good cause” that “the underlying data is particularly trustworthy.” See Minn. R. Evid. 703. Where Defendant is found to have shown good cause that the underlying basis of Mr. Jillson’s opinons are “reliabile” and “trustworthy” the court may admit the [expert] data * * * for the limited purpose of showing the basis for the expert's opinion.” Sherman v. Marden, 525 N.W.2d 550, 552 (Minn. Ct. App. 1994) citing Minn. R. of Evid.

Similar Documents

Free Essay

Ethical Behavior on Managers

...11 7. PROJECT EXPENDITURE 12 8. PROJECT STAFFING 13 ANNEX 16 BASIC ASSUMPTIONS 16   Executive Summary Purpose: The purpose of this document is to provide an overview of the Smart Metering (SM) implementation Program with a particular focus on the scope elements, organization and approach to deliver on time and on budget. Mission: The smart metering (SM) Program mission is to successfully install a safe, reliable, and cost-efficient smart meter solution for greater operational efficiency, customer reliability and, energy efficiency. Smart Metering System: it consisting of Smart meters – two-way communications-enabled meters that capture the amount of power consumed when it occurred – plus metering telecommunications and an Automated Data Collection System. Program Delivery Scope: The scope consisting of overall activities and services including project management and controls such as inspection and quality control; revenue meter deployment; customer complaint handling; administration and contract management; information and data coordination, stakeholder engagement and community communications. Organizational Structure: An organizational structure has been designed to facilitate delivery of the smart metering (SM) Program. The considered key units are 1. Meter Deployment Office which is responsible for delivering the entire smart meter installation; it is liable to organize and coordinate deployment teams, crews and technicians in...

Words: 4261 - Pages: 18

Premium Essay

Solution Accounting

...Advanced Accounting Beams Anthony 11th Edition Solutions Manual Click here to download immediately!!! http://solutionsmanualtestbanks.blogspot.com/2011/10/advanced-accountingbeams-anthony-11th.html ----------------------------------------------------------------------Advanced Advanced Advanced Advanced Accounting Accounting Accounting Accounting Beams Beams Beams Beams Anthony Anthony Anthony Anthony 11th 11th 11th 11th Edition Edition Edition Edition Solutions Solutions Solutions Solutions Manual Manual Manual Manual -------------------------------------------------------------------------***THIS IS NOT THE ACTUAL BOOK. YOU ARE BUYING the Solution Manual in e-version of the following book*** Name: Advanced Accounting Author: Beams Anthony Edition: 11th ISBN-10: 0132568969 Type: Solutions Manual - The file contains solutions and questions to all chapters and all questions. All the files are carefully checked and accuracy is ensured. - The file is either in .doc, .pdf, excel, or zipped in the package and can easily be read on PCs and Macs. - Delivery is INSTANT. You can download the files IMMEDIATELY once payment is done. If you have any questions, please feel free to contact us. Our response is the fastest. All questions will always be answered in 6 hours. This is the quality of service we are providing and we hope to be your helper. Delivery is in the next moment. Solution Manual is accurate. Buy now below and the DOWNLOAD LINK WILL APPEAR IMMEDIATELY once payment is...

Words: 19905 - Pages: 80

Premium Essay

Smdc

...De La Salle University - Manila College of Business A Strategic Management Paper on SM Development Corporation Submitted by: Encarnacion. Lipana. Raymundo. Rey. Soriano. EXECUTIVE SUMMARY SM Development Corporation (SMDC) was originally incorporated on July 12, 1974 as Ayala Fund, Inc., a closed-end investment company. In March 1986, it was renamed SM Fund, Inc. after the SM Group of Companies took ownership of the company. After which, it stayed as an investment company that managed its investment thru diverse businesses in the country. In May 1996, SM Fund, Inc. was again renamed to SM Development Corporation to better state its new business of property development, whose focus is primarily to enter into the opportunities of the real estate industry. The paper aims to provide a comprehensive analysis on SM Development Corporation’s industry as one of the leading property development companies in the Philippines. Currently, the company is at full-swing with their openings of new condominiums for students, vacationers and business people depending on its location. SMDC has proven to be able to respond to buyers their locations are friendly to their target market and their price range is more affordable while amenities are not constrained. In order for the company to keep its head above their competitors, strategic management should be done. In line with this, the paper will be focusing on details such as the SWOT analysis, financial analysis and the different matrices...

Words: 19701 - Pages: 79

Premium Essay

Re Bubble

...PHILIPPINE REAL ESTATE BUBBLE A Demand and Supply Analysis _______________________________ By ANTONETTE ANGELINE ALBAN WILFRED JEROME LEJANO KENNETH RAY QUINTANA ARA LAIZA ROLDAN In partial fulfilment of the requirements for BA201 ECONOMIC ANALYSIS First Trimester 2015 - 2016 Submitted to JOEL C. YU, Ph.D. University of the Philippines Cesar E.A. Virata School of Management OUTLINE I. Introduction a. Statement of the Problem ............................................................. b. Background of the Study and Market Trends ................................ 1. 1997 Asian Financial Crisis 2. The Late 2000 US Property Bubble 3. Real Estate Market Trends II. Analysis of the Philippine Real Estate Industry………………………………….. III. Conclusion ............................................................................................ IV. References………………………………………………………………………………………… Annex A. Major Industry Players Annex B. Further Developments by the Major Industry Players Annex C. Present Global Situation 2 I. INTRODUCTION A. Statement of the Problem The purpose of the study is to determine if there is an impending property bubble in the Philippines, citing current indications similar to the 1997 Asian Financial Crisis and the US Property Bubble in the late 2000, as well as comparisons with the general real estate market trend. B. Background of the Study and Market Trends 1. 1997 Asian Financial Crisis...

Words: 4989 - Pages: 20

Premium Essay

Ism Code Influences Maritme Risk

...safety culture. The main objective of the ISM Code is to administer safe practices in ship operation within a system of reporting and audits; also, prepare for emergencies that relate to safety and environmental protection. Section 10 of the ISM Code (Maintenance of the Ship and Equipment) requires that companies establish procedures in the Safety Management System (SMS) to hold inspections of equipment and technical systems at various intervals. Pursuant to sections 1.2.2(.2) and 2.2.1(.2) of the ISM Code, maritime risk managers are subject to the construction of various risk assessments. The ISM Code has created a bureaucratic labyrinth for maritime risk management (MRM)/managers, which is laced in a plethora of written procedures and instructions for numerous onboard operations. These consist of routine activities which include cargo operations, navigation, and other repair activities such as dry-docking. Bhattacharya (2009) explains that risk assessment was recognized as the key characteristic of the SMS following a comprehensive study of certain companies. This research revealed that the companies’ SMS made reference to the hazards pertaining to these activities which consisted of collision, flooding, explosion, and occupational injuries. The procedures and instructions highlighted a list of risk reduction strategies or risk control measures for each hazard identified (p.153). Further analysis of the data evinced that managers...

Words: 1024 - Pages: 5

Premium Essay

Case Study Management Control System

...Case 1-1 and case 3-2 | | NUCOR CORPORATION (A & B) As of 1999, Nucor Corporation( had been the most innovative and fastest-growing steel company of the last three decades. As an example of how a knowledge machine works, we see Nucor as a far more interesting company than, say, Andersen Consulting or McKinsey, because unlike professional service firms whose only output is knowledge, Nucor’s end product is steel, a tangible non-differentiable commodity. Yet, as we describe below, for much of the three decades from 1970 onward, Nucor had been a knowledge machine par excellence. Since the late 1960s the U. S. steel industry has faced numerous problems, such as substitution from other materials, foreign competition, slowing of steel demand, and strained labor relations and has reported one of the poorest profitability and growth records in the American economy. Yet, despite operating in a fundamentally troubled industry, during this time period, Nucor enjoyed an annual compounded sales growth rate of 17%, all generated organically. Furthermore, the company’s profit margins were consistently well above industry medians, and average annual return to shareholders exceeded 20% (see Box 1 for a business profile of Nucor Corporation). Nucor achieved this phenomenal and sustained success by excelling at a single task: creating and mobilizing knowledge...

Words: 6458 - Pages: 26

Free Essay

Acciedent Detection

...Table Of Contents Chapter One .................................................................................................................................... 3 Introduction ..................................................................................................................................... 3 1.1 Statement of the problem ...................................................................................................... 4 1.2 Objectives .............................................................................................................................. 4 1.2.1 General objective ........................................................................................................... 4 1.2.2 Specific objective ........................................................................................................... 4 1.3 Scope of the project ............................................................................................................... 4 1.4 Significance of the Project....................................................................................................... 4 1.5 Limitation of the project ....................................................................................................... 5 1.6 Methodology ......................................................................................................................... 5 Chapter Three ............................................................................

Words: 5593 - Pages: 23

Free Essay

Relaksasi Spa

...Relaksasi Spa ( JePun Pali Spa ) A Case Study Presented to The Faculty of Arts and Sciences San Beda College Mendiola, Manila In Partial Fulfilment Of the requirements in the subject Principles of Marketing (MKC1) Submitted to: Dr. Jenny Ramos Marketing Professor Submitted by: Conopio, Kevin John B. Erestain, Harris Nicko P. Ordinanza, John Paulo P. Sy, Ma. Frances Katerine G. 2AMC Company History: Relaksasi is the only spa in the country that has an Indonesian spa concept. It brings a unique kind of pampering to spa lovers using a combination of ancient and modern method of treatment that has redefined the current trend in the spalon industry in the Philippines. Relaksasi, which means relaxation in Indonesian, was conceptualized with one thing in mind: to introduce the spa concept in the malls. By including spa services within the Filipino’s favourite hangout, they now have within their reach an oasis where they hie off conveniently to fully relax and rejuvenate themselves. To complement this unique concept, Relaksasi adopted an Indonesian theme to break new grounds in the spa industry. By introducing spa lovers to the Indonesian way of relaxation, Relaksasi has brought to mainstream spa business the best-kept secret of the Asian country in healing and bringing an invigorating spa experience to customers. Relaksasi carried a complete line of skin and spa services: Body Scrub and Wrap Rituals, Body Massage and Scrub, Herbal Steam Bath, Traditional...

Words: 1315 - Pages: 6

Premium Essay

Ntt Case Study

...Case: NTT DoCoMo: Marketing i-mode In this case, I have divided my assignment into 4 parts, including answering the following questions and sharing what I learned from this case. How do i-mode develop in the US and Europe separately? How to develop FOMA in Japan? Considering the differences in demographics, Internet penetration, and wireless industry structures among Japan, the US and Europe, NTT DoCoMo should change marketing strategies in order to develop i-mode successfully in overseas market. 1. According to the current conditions in the US, NTT can think in following ways: • Pay early birds to use NTT’s cell phones, satisfy them and make them tell other how they like “i-mode” --- WOM Marketing Since Americans prefer to use PCs more than mobile phones and they are skeptical about the benefits of accessing the web via moble phone. Therefore, NTT should first solve two problems. (1) who are NTT’s customers? Due to differences in demographic and Internet penetration, target customers may not totally be young people in the US. (2) How to convince them that NTT’s i-mode phone is really a charming stuff. The solutions are to pay for some volunteers to use i-mode phones, to set up flagship stores and offer Free Trial, and to adjust and improve the products based on customers preferences in order to satisfy them once NTT finds target customers, then customers may help in WOM marketing. • Shorten “i-mode menu” partners and create shortage It may help if NTT just...

Words: 859 - Pages: 4

Free Essay

Automated Attendance Monitoring System

...CHAPTER I INTRODUCTION Background of the Study Student absences jeopardize student and school success. Academic achievement scores are correlated with school attendance. Students who are not at school cannot receive instruction. Excessive school absence is a precursor of school dropout and is related to juvenile delinquency. And, because average daily attendance rates are a common determiner of school funding, absences mean that schools have less resources to do the job. Given all this, it is not surprising that reducing school absences is a top priority for many schools. (http://smhp.psych.ucla.edu) Now-a-days intelligent automation has stepped its presence in every field all over the world. This project has a stepping in the attendance and power management of the classrooms in the colleges/schools. The use of low cost technologies for highly reliable applications with the help of newly innovated algorithms makes the automation process to reach the consumers at cheaper and reliable cost. (http://www.muxtronics.com) The widespread of embedded computer networks as part of everyday peoples’ lives is leading the current research towards smart environments and Ambient Intelligence (AmI). AmI is a new information paradigm where people are empowered through a digital environment that is “aware” of their presence and context and is sensitive, adaptive and responsive to their needs. Mark Weiser, described the smart environments as physical worlds that invisibly interact...

Words: 4807 - Pages: 20

Premium Essay

Mobile Commerce

...Commerce Forum, which came to include over 100 organisations, had its launch in London on 10 November 1997 and Kevin Duffey was elected as the Executive Chairman. Over 100 companies joined the mobile commerce forum within a year, many forming mobile commerce teams of their own, e.g. Mastercard and Motorola. Of these one hundred companies, the first two were Logica and Cellnet. Member organizations’ such as Nokia, Apple, Alcatel, and Vodafone began a series of trials and collaborations. Mobile commerce services were first delivered in 1997, when the first two mobile-phone enabled Coca Cola vending machines were installed in the Helsinki area in Finland. The machines accepted payment via SMS text messages. The first mobile phone-based banking service was launched in 1997 by Merita Bank of Finland, also using SMS. It is increasingly becoming an understatement to say that the Internet and related technologies are changing the ways we live. Clearly, these technologies will affect peoples’ lives in ways that have yet to be imagined. One of the most significant changes promises to be in the way business is conducted. Mobile Commerce, also called m-commerce, is one of these relatively new technologies using mobile...

Words: 3393 - Pages: 14

Premium Essay

 Hard Rock Café Location Strategy

...Case Study 4  Hard Rock Café Location Strategy 1.From Munday’s Standard Market Report Checklist, select any other four categories and provide three subcategories that should be evaluated? A) Demographics (local, city, region, SMS, with trend analysis 1. Economic indicators: - Changes in foreign currencies - Inflation rates- Unemployment rates  B) Visitor Market  1. Hotels ` - Current number of hotels in market are - Age of existing hotels in market area - Occupancy rate of current hotels, as well seasonality of occupancy - Rates of new hotel construction (could indicates per year during last ten years)     C) Political Risk  - What type of government system is in place - Nationalization of major industries - Reduction of foreign interest in local business ventures D) Real Estate Markets - Liquidity of real estate - Current vacancy rates/occupancy rates - Number of real estate properties owned by global companies - Real estate turnover rates (how often are properties sold and converted to new business venture) - Cost of buying versus leasing commercial real estate 3. Why does the Hard Rock put such serious effort into its location analysis? Location decisions for Hard Rock Café begin with a global view which involves analyzing a country, then a region within the country and then finally a city location (Amer,1999). Specifically...

Words: 647 - Pages: 3

Premium Essay

Nucor

...Ques1: ECV Fit for Nucor Environment • Outdated technology, rising cost competitive imports, and unfavourable labour costs and contracts resulting in restructuring in the industry – job cuts and capacity cuts • Initially minimills produced low end structural products enjoyed various advantages such a decline in demand for scrap metal (a critical input for them) from integrated players, reduction in minimal efficient scale of production and capital cost per ton of capacity by a factor of 10, closer to market locations • Currently minimills have expanded their product base (to high end products) and geographic focus, thereby resulting in break-down of geographic insulation. This resulted in reduction in volume growth, which reached single digits in 1980s • Reorganization and buy-outs of other mini-mills in the face of changing environment • R&D going on for evaluation of various alternative casting technologies. None proved commercially feasible yet Company • Faced tough times until the hiring of CEO Ken Iverson in 1962. He decided to divest most of the businesses and focus on the core steel business. He has also risked to build company’s modern minimill in Darlington in 1962 • Two pillars of success: Build steel plants economically and operate them efficiently • Second most productive steel maker globally • Flat hierarchical structure with only 5 layers of management, with clear distinctions of roles, responsibilities and autonomy. Capital budgeting - top management...

Words: 1539 - Pages: 7

Premium Essay

Communication Barriers of Gp

...department; * To show how these activities supports the organization overall strategy, and * how it is linked to other activities within the organization * To focus on the nature of, and triggers for, any changes in the activities over time; * To know the manager’s perception of the overall effectiveness of the activities; and * To focus on the extent and nature of any formal evaluation of the activity’s effectiveness. 1.3 METHODOLOGY 1.3.1 Primary Data: As it is a project work in a group we collect the data in a group. We use two method to collecting the data for our research purpose. We use quantitative (e.g. survey) and qualitative (e.g. face-to-face interviews; focus groups; site visits) Case studies both ways for our data collection. 1.3.2 Secondary Data: * Information was also taken from books and journals and also from Internet 1.4 LIMITATIONS 1.4.1 Lack of desire to serve the actual information: The major limitation factor for this report was primarily the reluctance and strict adherence to confidentiality maintenance attitude shown by the officials of Grameen Phone. Furthermore, some information was withheld to retain confidentiality of the companies. 1.Bulk of the data was gathered from interviews with officials who withheld some of the information on grounds of confidentiality. 2....

Words: 2854 - Pages: 12

Premium Essay

Nucor Corporation Case Ppt

...mover market entry • Advantages Above-average returns until other competitors respond effectively Start down the learning curve earlier Opportunity to gain customer loyalty Opportunity to set standards Disadvantages • Uncertainty about demand • High development costs • Risk of adopting a losing standard (Beta/VHS) • • • Forces Shaping Industry Competition Threat of new Entrants Bargaining power of Suppliers Rivalry among Existing Competitors Bargaining power of buyers Threat of substitute products Forces Defining Competition In Mini Steels Rivalry • Diversification in product lines, ex pipes • Move towards high quality bars, structural shapes • Acquiring or adding new units Buyer’s Power • Boom in construction industry • Demand for high quality bars and large structural shapes • Reduction in scrap demand at ISP Supplier’s • Locating within 200-300 miles of markets Power New Entrants • Low entry barriers • Supply and demand side benefits of scale of incumbents Substiitut • Products from ISP es •...

Words: 808 - Pages: 4