A note outlining the development of the common law on the no loss defence, or the defence that an assignor may not
recover more than the assignee, in the context of construction and engineering cases (published by Practical Law Company).
The Maxwell 3D User's Guide provides an overview of the Maxwell 3D electromagnetic simulation software, including descriptions of the different solution types, the meshing process, data reporting capabilities, and examples of simulations for magnetostatic, eddy current, transient, and electric analyses. It also includes multiphysics coupling examples and applications to motors and basic exercises for learning how to use various Maxwell features.
L’interrupteur sectionneur aérien à coupure en charge et à commande manuelle IACM MAX se trouve généralement au niveau des dérivations, il permet d’isoler une grappe de postes et d’assurer le sectionnement et le bouclage, il est placé sur un support simple en béton d’une ligne électrique aérienne à moyenne tension jusqu’à 36kV.
L’interrpteur aérien MAX convient à tout type de réseau et notamment à ceux qui nécessitent des manoeuvres fréquentes dans des conditions climatiques sévères (humidité saline, vent de sable, neige, altitude élevée, pollution industrielle, zone à forte densité de pollution … )
Nous disposons de deux type d’interrupteur aérien MAX :
– L’un est constitué d’un interrupteur muni d’un dispositif de coupure dans l’air constitué par des fouets en acier inoxydable à grande vitesse pour un pouvoir de coupure de 50A .
– L’autre est constitué d’un interrupteur muni d’un dispositif de coupure à chambre qui peut assurer une coupure allant jusqu’à 100A .
Ils sont munis d’une commande manuelle à accumulation d’énergie donnant une vitesse de fermeture et d’ouverture
indépendante de l’opérateur et garantissant le pouvoir de fermeture.
The document discusses electric bicycles (e-bikes), including their history, components, types, usage trends, and advantages/disadvantages. E-bikes have integrated electric motors and rechargeable batteries to provide propulsion assistance up to 25-32 km/h depending on local laws. They became popular in the late 1890s and have grown dramatically worldwide since 1998, especially in China and Europe. E-bikes are classified based on how their electric motor power is applied, either through pedal-assistance or throttle control. Their main components are motors, batteries, and controllers.
Ultrasonic motors use piezoelectric materials to convert electrical energy into ultrasonic vibrations, generating motion through friction. They have a stator that transmits vibrations, a rotor that rotates, and a shaft that transfers the rotation. When voltage is applied, the piezoelectric ceramics in the stator vibrate and transmit the vibrations to the rotor through friction, inducing a traveling wave that creates torque to rotate the rotor. Ultrasonic motors offer advantages over conventional motors like high torque at low speeds, compact size, accuracy, and lack of electromagnetic interference. However, they require high-frequency power supplies and have lower durability. Major applications include cameras, hard drives, robots,
Impacts of distributed generation on electricity marketHarsh Dhiman
This document discusses impacts of distributed generation on power systems. It defines distributed generation as small-scale power generation located near customers, such as engines, turbines, fuel cells and photovoltaics. Distributed generation can improve voltage profiles and power quality while connecting to distribution systems. However, it also presents issues like reduced inertia and changed short circuit levels. The document recommends solutions like FACTS devices and explores topics like integration challenges, market impacts, ancillary service provisions, and the increasing relevance of distributed generation in India.
1. The document provides two tutorial questions and solutions for estimating power generated from hydropower. The first question estimates power generated from a river with given flow properties and a weir. The second estimates average and peak power generated from the Hoover Dam based on annual energy production and maximum river flow.
2. For the first question, flow rate and mass flow rate in the river are calculated. One third of the flow is diverted through a turbine with 75% efficiency to generate around 7 kW.
3. For the second question, average mass flow rate through the Hoover Dam turbines is calculated as 319,500 kg/s based on annual energy production and efficiency. Peak power generation is estimated at 2000 MW using maximum reported
Solar Energy has emerges as an unlimited reliable source of energy to fulfill this massive demand of electricity. With the growing business needs, operators are making huge investment to setup various KW/MW Solar Plants. Installations of PV system on rooftops or lawn are very regularly exposed to lightning and indirect surges which can reduce the desired life expectancy.
Source(s): http://www.jmv.co.in/earthing/solar-earth-kit.html
This proposal puts forth a 4.75kW PV system for the Leahurst Building consisting of 19 solar panels. It is designed to maximize energy generation while minimizing visibility from public areas to preserve the building's historic integrity. The system would generate 500kWh per month or $2511 annually over its 20-year lifespan. Installation would occur within 5 days of acceptance and meet all necessary requirements and regulations.
The Maxwell 3D User's Guide provides an overview of the Maxwell 3D electromagnetic simulation software, including descriptions of the different solution types, the meshing process, data reporting capabilities, and examples of simulations for magnetostatic, eddy current, transient, and electric analyses. It also includes multiphysics coupling examples and applications to motors and basic exercises for learning how to use various Maxwell features.
L’interrupteur sectionneur aérien à coupure en charge et à commande manuelle IACM MAX se trouve généralement au niveau des dérivations, il permet d’isoler une grappe de postes et d’assurer le sectionnement et le bouclage, il est placé sur un support simple en béton d’une ligne électrique aérienne à moyenne tension jusqu’à 36kV.
L’interrpteur aérien MAX convient à tout type de réseau et notamment à ceux qui nécessitent des manoeuvres fréquentes dans des conditions climatiques sévères (humidité saline, vent de sable, neige, altitude élevée, pollution industrielle, zone à forte densité de pollution … )
Nous disposons de deux type d’interrupteur aérien MAX :
– L’un est constitué d’un interrupteur muni d’un dispositif de coupure dans l’air constitué par des fouets en acier inoxydable à grande vitesse pour un pouvoir de coupure de 50A .
– L’autre est constitué d’un interrupteur muni d’un dispositif de coupure à chambre qui peut assurer une coupure allant jusqu’à 100A .
Ils sont munis d’une commande manuelle à accumulation d’énergie donnant une vitesse de fermeture et d’ouverture
indépendante de l’opérateur et garantissant le pouvoir de fermeture.
The document discusses electric bicycles (e-bikes), including their history, components, types, usage trends, and advantages/disadvantages. E-bikes have integrated electric motors and rechargeable batteries to provide propulsion assistance up to 25-32 km/h depending on local laws. They became popular in the late 1890s and have grown dramatically worldwide since 1998, especially in China and Europe. E-bikes are classified based on how their electric motor power is applied, either through pedal-assistance or throttle control. Their main components are motors, batteries, and controllers.
Ultrasonic motors use piezoelectric materials to convert electrical energy into ultrasonic vibrations, generating motion through friction. They have a stator that transmits vibrations, a rotor that rotates, and a shaft that transfers the rotation. When voltage is applied, the piezoelectric ceramics in the stator vibrate and transmit the vibrations to the rotor through friction, inducing a traveling wave that creates torque to rotate the rotor. Ultrasonic motors offer advantages over conventional motors like high torque at low speeds, compact size, accuracy, and lack of electromagnetic interference. However, they require high-frequency power supplies and have lower durability. Major applications include cameras, hard drives, robots,
Impacts of distributed generation on electricity marketHarsh Dhiman
This document discusses impacts of distributed generation on power systems. It defines distributed generation as small-scale power generation located near customers, such as engines, turbines, fuel cells and photovoltaics. Distributed generation can improve voltage profiles and power quality while connecting to distribution systems. However, it also presents issues like reduced inertia and changed short circuit levels. The document recommends solutions like FACTS devices and explores topics like integration challenges, market impacts, ancillary service provisions, and the increasing relevance of distributed generation in India.
1. The document provides two tutorial questions and solutions for estimating power generated from hydropower. The first question estimates power generated from a river with given flow properties and a weir. The second estimates average and peak power generated from the Hoover Dam based on annual energy production and maximum river flow.
2. For the first question, flow rate and mass flow rate in the river are calculated. One third of the flow is diverted through a turbine with 75% efficiency to generate around 7 kW.
3. For the second question, average mass flow rate through the Hoover Dam turbines is calculated as 319,500 kg/s based on annual energy production and efficiency. Peak power generation is estimated at 2000 MW using maximum reported
Solar Energy has emerges as an unlimited reliable source of energy to fulfill this massive demand of electricity. With the growing business needs, operators are making huge investment to setup various KW/MW Solar Plants. Installations of PV system on rooftops or lawn are very regularly exposed to lightning and indirect surges which can reduce the desired life expectancy.
Source(s): http://www.jmv.co.in/earthing/solar-earth-kit.html
This proposal puts forth a 4.75kW PV system for the Leahurst Building consisting of 19 solar panels. It is designed to maximize energy generation while minimizing visibility from public areas to preserve the building's historic integrity. The system would generate 500kWh per month or $2511 annually over its 20-year lifespan. Installation would occur within 5 days of acceptance and meet all necessary requirements and regulations.
INTRODUCTION: Advantages and Disadvantages of Steel structures, Loads and Load
combinations, Design considerations, Limit State Method (LSM) of design, Failure criteria for
steel, Codes, Specifications and section classification.
BOLTED CONNECTIONS: Introduction, Behaviour of Bolted joints, Design strength of
ordinary Black Bolts, Design strength of High Strength Friction Grip bolts (HSFG), Pin
Connections, Simple Connections, Moment resistant connections, Beam to Beam connections,
Beam and Column splices, Semi-rigid connections
This document provides an introduction to hybrid vehicles and their components. It discusses how hybrid vehicles combine two power sources, such as gasoline/electric. It also summarizes the characteristics of conventional vehicles, vehicle performance factors like speed and acceleration, vehicle resistance forces, and the characteristics of vehicle power sources and transmissions.
The document provides information about hybrid cars. It discusses that hybrid cars combine two power sources, usually a gasoline engine and electric motor. The electric motor assists the gasoline engine to improve fuel efficiency. Hybrid cars can be more than twice as fuel efficient as conventional gasoline vehicles. They capture energy during braking to charge the battery and do not need to be plugged in. The document summarizes the history and components of hybrid cars, including how they work, the engine, battery, electric motor, generator and transmission. Advanced technologies like regenerative braking and automatic engine start-stop are also covered.
Photometric
Road Class
MOT / Municipality
Recommendation
New Trends
Closing
The document discusses road lighting in Saudi Arabia and provides information on:
1) Key lighting terminology such as luminous flux, luminous intensity, illuminance, and luminance as well as the relationships between these terms. It also presents some basic lighting formulas.
2) Methods for calculating illuminance and luminance levels on roads using photometric data and factors like pole height, pole spacing, and light loss.
3) Saudi road classification systems from the Ministry of Transportation and municipalities and recommended lighting schemes from Saudi Lighting Company.
4) Trends in new road lighting technologies and references
The JouleBox-65 provides 60 kW of continuous zero emission electricity using patented technologies. It includes solar panels, three proprietary "Star Motors" that use magnets and electromagnets to generate power with 73% less watts per horsepower than traditional motors, and a lithium ion battery brick. The system is self-contained and weatherproof, provides reliable 24/7 power for 10 years as per the warranty, and can be combined with other units for larger scale power generation.
hybrid electric vehicle , types of hybrid electric vehicle , need of hybrid electric vehicle , plug in hybrid electric vehicle , uses of hybrid electric vehicle , regenerative braking , battery , induction motor
This document summarizes key concepts related to AC circuits analysis including capacitors, inductors, and AC power calculations. Some main points:
- Capacitors store energy in electric fields and consist of conducting plates separated by an insulator. Capacitance depends on plate area, distance, and dielectric material. Inductors store energy in magnetic fields and consist of coils of wire. Inductance depends on number of turns, length, and core material.
- The voltage-current relationships for capacitors and inductors involve derivatives with respect to time. Power delivered to capacitors and inductors involves integrating these relationships.
- Equivalent capacitance and inductance can be calculated for combinations of components in series
Design and Analysis of Transmission Tower at AllahabadAbhijit Kumar
This document describes the structural analysis and design of a steel transmission tower. A group of 5 students conducted the project under the supervision of an assistant professor to fulfill requirements for a Bachelor of Technology degree in Civil Engineering. The project involved modeling a 30-meter high transmission tower in STAAD Pro, calculating loads manually, and analyzing and designing the tower members according to Indian codes. The objective was to optimize the tower design to reduce material costs.
Dr. Shriniwas Kashalikar had been experiencing queer and ill defined pains and boils on his face and scalp for several weeks that were resistant to antibiotics. He decided to try the Ayurvedic treatment of NASYA by putting drops of an herbal oil preparation in his nostrils. This caused strange sensations and sneezing, followed by the expulsion of mucus from his sinuses. The next day, his pains and boils had disappeared without the need for expensive and risky surgery. He shared his experience to empower others but did not advise the same treatment without medical consultation.
This document outlines a workshop on telling impact stories. The workshop covers why stories are important for nonprofits, key elements of effective storytelling, and provides guidance on writing impactful stories in 3 sentences or less that highlight a hero, obstacle, solution, and outcome. Attendees practice writing stories about clients their organizations have helped and discuss how to share these stories through various channels to engage audiences and convey their impact.
This document is a resume for Stephen C. Murphy, a marketing strategist, designer, and entrepreneur. It summarizes his education, work experience, skills, and contact information. Murphy graduated from the University of Delaware with a B.S. in Business Administration and minors in Marketing and Economics. He has over 9 years of marketing experience, including founding his own marketing consulting firm and currently running the marketing department at his job.
This report provides a competitive analysis of Gallun Jewelry's search engine rankings. It analyzed 47 keywords and one URL across 4 search engines over two dates. The report found 162 total listings, with 95 in the first position and 116 in the top 5 positions. It provides detailed ranking data for each keyword and search engine, showing changes in position. In summary, the report analyzes Gallun Jewelry's search engine optimization performance and visibility.
Este documento presenta varios ejemplos del trabajo de diseño y creatividad de Manuel Chi, incluyendo campañas publicitarias, logotipos, revistas, folletos y anuncios para diferentes clientes. Cubre una variedad de proyectos de identidad gráfica, diseño editorial, publicidad y creatividad integral.
This 3 sentence summary provides the high level information about the document:
The document is an internet competitive analysis report from Splinternet Marketing that was created on April 16, 2011 for Brian C. Bateman. The report analyzes the rankings of 2 keywords and 1 URL on 9 major search engines over time. The results show that 15 listings were new or moved up in rankings, while no listings dropped or moved down.
This document discusses how various companies are using digital download incentives to drive sales and increase revenue. It provides examples of Kellogg's, Aeroplan, an unnamed insurance company, Dane Electronics, Playtex, AT&T, and Coca-Cola rewarding customers and employees with digital items like music, mobile games, eBooks, and audiobooks that can be downloaded using points accumulated through purchases or other engagement. The document promotes the use of a digital rewards platform to provide these incentives and claims it can help companies increase engagement and sales.
INTRODUCTION: Advantages and Disadvantages of Steel structures, Loads and Load
combinations, Design considerations, Limit State Method (LSM) of design, Failure criteria for
steel, Codes, Specifications and section classification.
BOLTED CONNECTIONS: Introduction, Behaviour of Bolted joints, Design strength of
ordinary Black Bolts, Design strength of High Strength Friction Grip bolts (HSFG), Pin
Connections, Simple Connections, Moment resistant connections, Beam to Beam connections,
Beam and Column splices, Semi-rigid connections
This document provides an introduction to hybrid vehicles and their components. It discusses how hybrid vehicles combine two power sources, such as gasoline/electric. It also summarizes the characteristics of conventional vehicles, vehicle performance factors like speed and acceleration, vehicle resistance forces, and the characteristics of vehicle power sources and transmissions.
The document provides information about hybrid cars. It discusses that hybrid cars combine two power sources, usually a gasoline engine and electric motor. The electric motor assists the gasoline engine to improve fuel efficiency. Hybrid cars can be more than twice as fuel efficient as conventional gasoline vehicles. They capture energy during braking to charge the battery and do not need to be plugged in. The document summarizes the history and components of hybrid cars, including how they work, the engine, battery, electric motor, generator and transmission. Advanced technologies like regenerative braking and automatic engine start-stop are also covered.
Photometric
Road Class
MOT / Municipality
Recommendation
New Trends
Closing
The document discusses road lighting in Saudi Arabia and provides information on:
1) Key lighting terminology such as luminous flux, luminous intensity, illuminance, and luminance as well as the relationships between these terms. It also presents some basic lighting formulas.
2) Methods for calculating illuminance and luminance levels on roads using photometric data and factors like pole height, pole spacing, and light loss.
3) Saudi road classification systems from the Ministry of Transportation and municipalities and recommended lighting schemes from Saudi Lighting Company.
4) Trends in new road lighting technologies and references
The JouleBox-65 provides 60 kW of continuous zero emission electricity using patented technologies. It includes solar panels, three proprietary "Star Motors" that use magnets and electromagnets to generate power with 73% less watts per horsepower than traditional motors, and a lithium ion battery brick. The system is self-contained and weatherproof, provides reliable 24/7 power for 10 years as per the warranty, and can be combined with other units for larger scale power generation.
hybrid electric vehicle , types of hybrid electric vehicle , need of hybrid electric vehicle , plug in hybrid electric vehicle , uses of hybrid electric vehicle , regenerative braking , battery , induction motor
This document summarizes key concepts related to AC circuits analysis including capacitors, inductors, and AC power calculations. Some main points:
- Capacitors store energy in electric fields and consist of conducting plates separated by an insulator. Capacitance depends on plate area, distance, and dielectric material. Inductors store energy in magnetic fields and consist of coils of wire. Inductance depends on number of turns, length, and core material.
- The voltage-current relationships for capacitors and inductors involve derivatives with respect to time. Power delivered to capacitors and inductors involves integrating these relationships.
- Equivalent capacitance and inductance can be calculated for combinations of components in series
Design and Analysis of Transmission Tower at AllahabadAbhijit Kumar
This document describes the structural analysis and design of a steel transmission tower. A group of 5 students conducted the project under the supervision of an assistant professor to fulfill requirements for a Bachelor of Technology degree in Civil Engineering. The project involved modeling a 30-meter high transmission tower in STAAD Pro, calculating loads manually, and analyzing and designing the tower members according to Indian codes. The objective was to optimize the tower design to reduce material costs.
Dr. Shriniwas Kashalikar had been experiencing queer and ill defined pains and boils on his face and scalp for several weeks that were resistant to antibiotics. He decided to try the Ayurvedic treatment of NASYA by putting drops of an herbal oil preparation in his nostrils. This caused strange sensations and sneezing, followed by the expulsion of mucus from his sinuses. The next day, his pains and boils had disappeared without the need for expensive and risky surgery. He shared his experience to empower others but did not advise the same treatment without medical consultation.
This document outlines a workshop on telling impact stories. The workshop covers why stories are important for nonprofits, key elements of effective storytelling, and provides guidance on writing impactful stories in 3 sentences or less that highlight a hero, obstacle, solution, and outcome. Attendees practice writing stories about clients their organizations have helped and discuss how to share these stories through various channels to engage audiences and convey their impact.
This document is a resume for Stephen C. Murphy, a marketing strategist, designer, and entrepreneur. It summarizes his education, work experience, skills, and contact information. Murphy graduated from the University of Delaware with a B.S. in Business Administration and minors in Marketing and Economics. He has over 9 years of marketing experience, including founding his own marketing consulting firm and currently running the marketing department at his job.
This report provides a competitive analysis of Gallun Jewelry's search engine rankings. It analyzed 47 keywords and one URL across 4 search engines over two dates. The report found 162 total listings, with 95 in the first position and 116 in the top 5 positions. It provides detailed ranking data for each keyword and search engine, showing changes in position. In summary, the report analyzes Gallun Jewelry's search engine optimization performance and visibility.
Este documento presenta varios ejemplos del trabajo de diseño y creatividad de Manuel Chi, incluyendo campañas publicitarias, logotipos, revistas, folletos y anuncios para diferentes clientes. Cubre una variedad de proyectos de identidad gráfica, diseño editorial, publicidad y creatividad integral.
This 3 sentence summary provides the high level information about the document:
The document is an internet competitive analysis report from Splinternet Marketing that was created on April 16, 2011 for Brian C. Bateman. The report analyzes the rankings of 2 keywords and 1 URL on 9 major search engines over time. The results show that 15 listings were new or moved up in rankings, while no listings dropped or moved down.
This document discusses how various companies are using digital download incentives to drive sales and increase revenue. It provides examples of Kellogg's, Aeroplan, an unnamed insurance company, Dane Electronics, Playtex, AT&T, and Coca-Cola rewarding customers and employees with digital items like music, mobile games, eBooks, and audiobooks that can be downloaded using points accumulated through purchases or other engagement. The document promotes the use of a digital rewards platform to provide these incentives and claims it can help companies increase engagement and sales.
Recruitment spending among colleges has increased substantially in recent years, with marketing budgets jumping 50% in the past seven years. Colleges are investing heavily in interactive and web marketing, which has been shown to directly correlate with attracting better applicants. Many colleges have successfully used music download cards as a student recruiting tool. The cards are distributed at recruiting events and drive students to the college's website to download music, where they can optionally provide contact information for future communication. The music download promotion provides a large selection of songs that can be easily downloaded and transferred to various devices.
The document is a search engine ranking report from Splinternet Marketing analyzing the rankings of Brian Bateman's website SplinternetMarketing.com and related keywords on major search engines. The report found no rankings in the top 30 search results for the website or keywords on any of the 10 search engines analyzed over the past month.
The document is a story told by a father to his daughter about the lessons learned from watching carrots, eggs, and coffee beans boil in water. It discusses how carrots soften, eggs harden, and coffee beans change the water. The father uses this as an analogy to teach his daughter that people can respond differently to difficulties - by giving in, growing stronger, or changing one's environment. He encourages her that even if she can't control outside factors, she can control her own mindset and attitude.
Sơ lược một số học thuyết của vũ trụ:
Thuyết địa tâm; Thuyết nhật tâm; Vũ trụ luận; Newton; Aristotle, Bigbang; Einstein...
Slide này được dùng thuyết trình trong chương trình tìm hiểu Vũ trụ và Triết học tại trường Đại Học Bách Khoa TpHCM, năm 2010.
Trong Slides có sử dụng một số hình ảnh từ internet và các tạp chí như Scientific America, Science, Britannica Illustrated Encyclopedia.
This document is an SEO competitive analysis report from SEO, LLC dated January 14, 2012. It analyzes the search engine rankings of various keywords and URLs for a client over time. The analysis found that 12 listings were new or moved up in rankings, while none dropped or moved down. Specifically, the client's website http://www.splinternetmarketing.com saw improved rankings for keywords like "Internet Marketing Services" on search engines like Google.
- Tort law governs negligence claims in construction. Negligence involves a wrongful act or omission that violates a duty of care and causes reasonably foreseeable harm.
- Key cases established that construction professionals like engineers owe a duty of care not just to their clients but also to foreseeably affected third parties. This allows claims for economic losses from negligent statements or defective work.
- The scope of recoverable economic losses in tort expanded but was later reined in by courts requiring physical damage from latent defects, not just costs to remedy work. Malaysian courts have allowed some recovery for economic losses in construction negligence cases.
Rights of light are a type of easement that allow the owner or occupier of a building to prevent new neighboring structures from blocking their natural light. They are commonly misunderstood but can be measured based on the visible sky from the building. Owners are not entitled to all the light they currently receive. If infringed, remedies may include injunctions, damages, or negotiated "buy-out" payments based on a share of development profits. Developers must be proactive in investigating neighboring rights to avoid costly disputes.
February 2019 newsletter of UK Adjudicators.
MACOB 20 years on
NSW adjudication
Hong Kong adjudication
2019 Edinburgh Adjudication and Arbitration Conference
Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2019] EWCA Civ 27 (24 January 2019)
Sean Gibbs has over 20 years experience in advising parties using statutory adjudication in the construction and engineering industries. In this article he looks at the importance of the first enforcement case and what he would like to see changed to improve the access and benefits adjudication to a wider range of parties.
This document provides an overview of the assessment of damages for breach of contract under Australian law. It discusses the general compensatory approach to damages, outlining the types of losses that can be claimed. It then examines the rule in Hadley v Baxendale, which limits damages to those arising naturally from the breach or within the parties' contemplation. The document reviews the elements of causation and remoteness under Hadley v Baxendale and discusses how to determine when a loss is too remote through an analysis of the likelihood and knowledge requirements. Finally, it analyzes recent Australian cases applying these principles.
Group Builders Update - Tred Eyerly, Esq. www.insurancelawhawaii.cominversecondemnation
Damon Key attorney Tred Eyerly's powerpoint presentation on the Group Builders issue (insurance coverage for construction defects). Hawaii State Bar Association Litigation Section - May 2013
Remedies in contract law can be divided into remedies in common law (damages) and remedies in equity (specific performance and injunctions). Damages seeks to compensate the injured party financially for losses caused by the breach, and there are various principles that govern their assessment and recovery, including causation, remoteness, mitigation, and heads of damages such as loss of bargain. Equity remedies seek to compel performance of a contract rather than provide compensation, but are subject to the court's discretion and will not be granted in all cases.
This document discusses how the law relating to wrongful trading protects unsecured creditors in insolvency. It examines key cases that found contributions from wrongful trading claims and the right to bring such claims are not assets of the insolvent company. This creates funding issues for liquidators pursuing claims. Conditional fee agreements and after-the-event insurance helped address this in England by allowing recovery of success fees and insurance premiums from defendants. However, their abolition and lack of similar measures in Scotland weakens creditor protections, as liquidators are less willing to take on the risk and cost of litigation without means of recovery. Overall, the document argues current law is ineffective at protecting creditors due to these funding constraints on liquidators pursuing wrongful
Article published in the Journal of Building Survey, Appraisal & Valuation of...Michael Vaughan
This document provides an overview of compulsory purchase valuation principles under UK law. It summarizes that compulsory purchase law originated in the 19th century and allows the government to acquire private land for public projects. It discusses the core valuation rules, including that compensation aims to put owners in the same financial position as if their land had not been taken, and that the valuation date is usually the date of possession. It also summarizes the "no scheme rule" that compensation cannot include increases due solely to the public project, and outlines the six statutory rules governing compensation assessments, particularly rules 2 and 6 relating to market value and disturbance compensation.
This document provides an overview of liquidated damages. It defines liquidated damages as a sum agreed upon in advance that is payable if one party defaults. The history of liquidated damages dates back to 1838, with key cases establishing that liquidated damages cannot act as a penalty. Issues around liquidated damages include whether they are an unenforceable penalty and proving actual damages if they are. Standard construction contracts often include liquidated damages provisions. Recent cases have addressed liquidated damages in both construction and sports contracts. Some jurisdictions like South Africa and India have passed statutes allowing penalties through legislation.
The Supreme Court of Connecticut held that construction companies do not owe a duty of care to workers at a construction site who suffered purely economic losses, such as lost wages, due to an accident caused by the companies' alleged negligence. The Court examined four public policy factors and found that all four factors favored not recognizing a duty in this situation. Specifically, the Court found that the normal expectations of participants, the policy of encouraging industry participation while ensuring safety, avoiding increased litigation, and decisions from other jurisdictions all indicated a duty should not be owed for purely economic harm resulting from negligence.
This document is a certificate of service for a response filed by Allied Systems Holdings, Inc. and Allied Systems, Ltd. (L.P.) regarding a motion by petitioning creditors BDCM Opportunity Fund II, LP, Black Diamond CLO 2005-1 Adviser L.L.C., and Spectrum Investment Partners LP to shorten time for a hearing on appointing a trustee. The certificate lists the parties that were served the response by mail or hand delivery on May 21, 2012.
This summarizes a document reviewing environmental law cases from 2009-2010. It discusses three cases:
1) Fresh Meadow Food Serv., LLC v. RB 175Corp. upheld a RICO claim against a defendant who concealed underground storage tanks and contaminated soil when selling a property.
2) Wickens v. Shell Oil Co. addressed recoverable attorney fees under Indiana's Underground Storage Tank Act.
3) Evansville Greenway & Remediation Trust v. S. Ind. Gas & Elec. Co. concerned the common interest privilege and apportionment of liability under CERCLA. The court applied the privilege to communications between parties working to remediate contaminated sites. It also found CERCLA
Equitable remedies like damages under Lord Cairns' Act and accounts of profits can provide monetary compensation where legal remedies are insufficient. Damages under Lord Cairns' Act allow courts to award damages in substitution of injunctions, and measure damages equivalent to what an injunction would provide. Accounts of profits require wrongdoers to disgorge any profits obtained through their wrongful acts, preventing unjust enrichment. Over time, the distinction between compensation and restitution has blurred, with equitable courts increasingly willing to order restitutionary or accounts of profits remedies in both contractual and property disputes.
Indirect Tax Update for week ending 24 January 2014.
Two important Court decisions this week. Firstly, the Court of appeal unanimously rejects Reed Employment Ltd's appeal relating to unjust enrichment. Secondly, the First-tier Tribunal finds that an 'agreement to settle' entered into with a taxpayer was a binding compromise agreement which precluded HMRC from issuing a recovery assessment.
This document discusses various types of remedies available in tort law, including self-help remedies, injunctions, and damages. It provides examples of cases to illustrate different points. Specifically, it discusses:
1) Self-help remedies that allow plaintiffs to eliminate annoyances without court intervention, as seen in Collins v Renison (1754).
2) Injunctions, including prohibitory injunctions that stop ongoing faults, and mandatory injunctions that order defendants to take action, as in Morris v Redland Bricks Ltd (1970).
3) Damages aim to restore plaintiffs to their pre-tort positions, as explained in Lim Poh Choo v Camden and Islington Area Health Authority (
BOOK BUSINESS LAW TEXT&EXERCISES 8TH EDITIONChapter 153. .docxsimonlbentley59018
BOOK "BUSINESS LAW TEXT&EXERCISES 8TH EDITION
Chapter 15
3.
Promises made in conspirator of marriage.
After twenty-nine years of marriage, Robert and Mary Lou Tuttle were divorced. They admitted in court that before they were married, they had signed a prenuptial agreement and had agreed on its general term that each would keep his or her own property and anything derived from that property. But a copy of the prenuptial agreement could not be found. Can the court enforce the agreement without a writing? Why or why not? (see the statues of frauds- writing requirements).
5.
The parol evidence rule.
Evangel Temple Assembly of God leased a facility from Wood Care Centers, Inc., to house evacuees who had lost their home in a hurricane. The lease agreement stated that Evangel could end the least at any time by giving notice and paying 10 percent of the rent that would otherwise have been paid over the rest of the term. The lease agreement also stated that if the facility did not retain its tax exemption which was granted to it on Evangel’s behalf as
a church Evangel could end the lease without making the 10 present payment. Is parol evidence admissible to interpret this lease? Why or why not? ( see the parol evidence rule).
Chapter 16
3.
Third Party beneficiary.
David and Sandra Dess contracted with Sirva Relocation, LLC, to assist in selling their home. In the contract, the Desses agreed to disclose all information about the property on which Sirva “and other prospective buyers may rely in deciding whether and on what terms to purchase the Property.” The Kincaids contracted with Sirva to buy the house. After closing, they discovered dampness in the walls, defective and rotten windows, mold, and other undisclosed problems. Can the Kincaids bring action against the Desses for breach of their contract with Sirva? Why or why not? ( see third party beneficiaries)
5.
Duties that cannot be delegated.
Bruce Albea Contracting, Inc., the contractor on a highway project, subcontracted the asphalt work to APAC-Southeast, Inc. the contract prohibited delegation without Albea’s consent. In mid-project, APAC delegated its duties to Matthews Contracting Co. Albea allowed Matthews to finish the work. But Alea did not pay APAC for its work on the projects, arguing that APAC had violated the anti-delegation clause, rendering their contract void. Is Albea correct? Explain. (see assignments and delegations).
Chapter 17
3.
Specific performance.
Russ Wyant owned Humble Ranch in South Dakota. Edward Humble was Wyant’s uncle and held a two-year option to buy a ranch from Wyant. The option included specific conditions. Once it was exercised, for instance, the parties had thirty days to enter into a purchase agreement and the seller could become the buyer’s lender by matching the terms of the proposed financing. After the option was exercised, Wyant and Humble engaged in a lengthy negotiations. Humble, however, did not respond to Wyant’s proposed purchase .
Selected as a "Best Law Firm" in real estate in 2019 this newsletter by Adam Leitman Bailey P.C. showcases some of the firms crowning moments during the Winter of 2018.
The document discusses various remedies available for breach of contract, including:
1. Damages - Compensation for losses arising from the breach intended to restore the injured party. Damages must not be too remote.
2. Specific performance - A court order directing a party to fulfill their contractual obligations, such as delivering a unique good.
3. Injunction - A court order prohibiting or requiring a party to take an action, such as to prevent a breach or require performance.
4. Quantum meruit - Payment for work where no price was agreed, assessed based on reasonable rates to prevent unjust enrichment.
L7 Rights to discharge and disolve contracts.pptxthắm ngọc
This document discusses various ways in which a contract can be discharged or dissolved, including:
1. Performance of obligations as agreed.
2. Agreement between the parties to alter or waive contract conditions.
3. Frustration of the contract due to an unforeseen event outside parties' control that fundamentally changes obligations.
4. Operation of law, such as bankruptcy terminating a party's contract liabilities.
It provides examples of cases where contracts were found to be frustrated due to events like destruction of the subject matter, changes in law, or non-occurrence of an event fundamental to the contract. Statutes like the Frustrated Contracts Act are also discussed.
We were asked to give a talk to colleagues as part of a "COP26 fortnight" at Penningtons Manches Cooper LLP on the benefits of a lifestyle eating less meat.
City of London Law Society - Submittal to BEIS on Statutory Retention Deposit...Francis Ho
A supplemental submission from the City of London Law Society's Construction Law Committee sent to the Department for Business, Energy & Industrial Strategy (BEIS) on 3 December 2018 regarding potential proposals to introduce a statutory retention deposit scheme for construction contracts in the United Kingdom.
City of London Law Society - Construction Law Committee - Response to Retenti...Francis Ho
RESPONSE OF THE CITY OF LONDON LAW SOCIETY CONSTRUCTION LAW COMMITTEE TO THE DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY'S CONSULTATION ON THE PRACTICE OF CASH RETENTION UNDER CONSTRUCTION CONTRACTS
Variations and their Consequences - Olswang Construction Law Masterclass - 5 ...Francis Ho
This document summarizes key aspects of variations in construction contracts, including:
1) What constitutes a variation based on standard contract definitions.
2) Why variation clauses are included in contracts to allow flexibility for changes.
3) Procedures for instructing, valuing, and agreeing to variations.
4) Issues that can arise regarding scope, instructions, notice periods and whether a variation has actually occurred.
5) The impact of anti-oral variation clauses and agency on how variations are authorized.
6) Special considerations for omitting contracted work versus instructing additions.
The document discusses construction insolvencies in the UK construction industry. It notes that the construction sector experiences the most insolvencies, accounting for about a quarter of all UK insolvencies. In the first quarter of 2016, construction industry output decreased by 1.1% compared to the previous quarter. The document also discusses how "Brexit" could impact construction companies through potential loss of EU labor and funding. It outlines some factors that make construction companies prone to insolvency, such as cash flow issues, disputes, and lack of credit. Finally, it provides tips for mitigating insolvency risks through due diligence, documentation, and actions to take if insolvency occurs.
The document summarizes a presentation on managing complex construction projects. It discusses the definition of complex projects as those that are high value, major real estate developments, or engineering/infrastructure projects. It outlines the Chartered Institute of Building's Complex Projects Contract 2013 (CPC 2013), which provides contract terms and conditions for managing complex projects. The CPC 2013 introduces new roles like Project Time Manager and adds provisions for transparency, collaboration, electronic data transfer, and BIM use. Finally, the presentation provides resources for further information on the CPC 2013 and notes that construction knowledge, risk management, and critical path analysis are still essential for complex project management.
This document summarizes key points from a construction law summer school discussion on emerging markets. It outlines some of the interactions between civil law and common law systems that can cause conflicts in construction contracts. Cultural and political concerns in emerging markets are also discussed, such as being bound by local dispute resolution forums and public policy requirements. The document also summarizes considerations for working with local contractors, splitting EPC contracts, contract administration expectations, and managing claims in international construction projects in emerging markets.
Two stage tendering is commonly used for large or complex projects where it is difficult to get accurate bids from contractors based on incomplete designs. It involves contractors submitting initial bids based on limited information, with one contractor then selected to work with the client during the pre-construction stage to develop a fixed price bid. This allows for early contractor input to improve design and feasibility, while giving the client greater cost certainty. However, it also carries risks of compromising the client's negotiating position or damaged relations if not handled properly. The document provides tips for clients on maintaining control during both stages.
Managing the Risks of Delay in Construction ProjectsFrancis Ho
Delay is a common risk in construction projects with multiple potential causes. Proper notice provisions and documentation are essential to support any delay claims between the employer and contractor. Liquidated damages, termination, and instructions to accelerate works are some of the remedies available to employers for contractor delay, but contractors may challenge these and claim their own remedies for employer-caused delays.
It Pays to Be Right: Payment in Construction ContractsFrancis Ho
This document summarizes key principles regarding payment in construction contracts under the Housing Grants, Construction and Regeneration Act 1996 in the UK. It discusses mandatory payment provisions, including requirements for adequate payment mechanisms and notices. It notes that failing to serve valid pay less notices can result in having to pay the notified sum. It also discusses issues like overpayment, making valid interim payment applications, and the need for employers to strictly follow notice requirements in order to later challenge payment amounts.
The document provides an overview of adjudication procedures in the UK construction industry. It discusses:
- The basics of adjudication, including its compulsory nature, binding interim decisions, and typical process.
- How to effectively "spring ambushes" in adjudication, such as by including all necessary evidence and considering timing carefully. It also discusses how to prevent being ambushed through contract drafting and monitoring for warning signs.
- Key considerations regarding the adjudicator, including expertise, conflicts, and fees. It emphasizes the importance of accurately describing the dispute in the notice of adjudication.
- Challenging the adjudicator's jurisdiction, reserving positions, and identifying and correcting errors in the adjud
Contractual Options for Procuring Major Projects in the UKFrancis Ho
This document discusses contractual options for procuring major construction projects in the UK. It outlines several methods used to fund projects, including project finance, equity, sovereign wealth funds, and forward funding. It also discusses framework agreements and two-stage tendering processes. Framework agreements involve establishing umbrella agreements with terms for future works, while two-stage tendering selects a preferred contractor who then works on pre-construction services before providing a final fixed price. The document advises being flexible on projects and considering these procurement strategies in an overheated construction market.
Introductory Note on International Construction ContractsFrancis Ho
Olswang LLP is a limited liability partnership in England and Wales that is authorized and regulated by the Solicitors Regulation Authority. The document discusses several key points regarding international construction contracts: (1) common standard form contracts used internationally include FIDIC, ICE, IChemE, CIOB, and NEC contracts; (2) while UK forms can be adapted, it is not recommended as they are too locally specific and international contractors prefer standard international forms; (3) the various FIDIC contracts - Red, Yellow, Silver, Pink, Gold, Blue, White, and subcontract - are introduced along with their key purposes and differences.
Works Insurance and Latent Defects InsuranceFrancis Ho
The document discusses various types of insurance related to construction projects, including all risks insurance, latent defects insurance, and options for insuring works under JCT contracts. All risks insurance covers physical damage to works and materials, and is often maintained by the contractor. Latent defects insurance provides protection for inherent defects discovered after practical completion up to a specified threshold. While it has advantages over collateral warranties like being freely assignable, there are also gaps in protection if no warranty package is also in place. The document also notes potential issues with Option C of insuring works under JCT contracts and ways to address them.
Third party rights allow non-parties to a contract to enforce certain terms of that contract. They provide an alternative to collateral warranties in construction contracts. Uptake of third party rights has been slow due to familiarity with collateral warranties and concerns over control. However, recent cases indicate third party rights may avoid issues like adjudication that can arise with collateral warranties. Effective drafting and clarity around beneficiaries and their obligations can maximize the benefits of third party rights.
A Practical Guide to the Construction (Design and Management) Regulations 2015Francis Ho
The Construction (Design and Management) Regulations 2015 came into effect in April 2015 and introduced several significant changes from the 2007 regulations. Key changes include:
- Replacing the CDM Coordinator role with a new 'Principal Designer' role to have more influence over design.
- Requiring written construction phase plans for all projects, not just notifiable ones.
- Applying the regulations to domestic clients who can delegate duties to contractors.
- Introducing transitional provisions for projects that began before April 2015.
- Awaiting new, shorter guidance from the HSE to replace the abolished Approved Code of Practice.
Construction Dispute Resolution and Avoidance in a Boom MarketFrancis Ho
This document discusses construction dispute resolution and avoidance in a booming construction market. It summarizes various dispute resolution methods including (1) adjudication which provides quick, binding interim decisions but may be less suited to complex cases; (2) court proceedings through the specialist Technology and Construction Court which are suited to complex cases but slow and expensive; (3) arbitration which is confidential but can be slow to start; and (4) alternative dispute resolution methods like mediation and dispute boards. It stresses that dispute avoidance through careful contract drafting and project management is the cheapest option.
This document discusses types of letters of intent (LOIs) and provides tips for drafting binding LOIs for construction projects. It outlines four types of LOIs from non-binding to fully binding. It advises including key details in binding LOIs like scope, payment terms, standards, and timelines. It also recommends stating what happens if the final contract is not signed and having both parties execute the LOI for it to be binding. The document cautions against treating an LOI as a full contract and delaying the final contract. It also notes the primary standard form used is the City of London Law Society's but it can be awkward and out of date.
Andhra Pradesh, known for its strategic location on the southeastern coast of India, has emerged as a key player in India’s industrial landscape. Over the decades, the state has witnessed significant growth across various sectors,
The SVN® organization shares a portion of their new weekly listings via their SVN Live® Weekly Property Broadcast. Visit https://svn.com/svn-live/ if you would like to attend our weekly call, which we open up to the brokerage community.
Anilesh Ahuja Pioneering a Paradigm Shift in Real Estate Success.pptxneilahuja668
Anilesh Ahuja journey is a testament to the power of vision, resilience, and unwavering determination. As a visionary leader, he continues to inspire and empower others to dream big and challenge the status quo. His legacy extends far beyond the realm of real estate, leaving an indelible mark on the industry and the world at large.
Why is Revit MEP Outsourcing considered an as good option for construction pr...MarsBIM1
Outsourcing MEP modeling services require effective collaboration and coordination amongst multiple engineering trades. The engineers and the designers often change the details of the MEP projects, but the work of Revit MEP drafting services is having the master plan and model of the complete project. To have proper coordination and installation, there is a need to execute the project effectively. Hence, the work of Revit family creation facilitates the MEP engineers.
Living in an UBER World - June '24 Sales MeetingTom Blefko
June 2024 Lancaster County Sales Meeting for Berkshire Hathaway HomeServices Homesale Realty covering the following topics: 1. VA Suspends Buyer Agent Payment Plan (article), 2. Frequently Used Terms in title, 3. Zillow Showcase Overview, 4. QuickBuy commission promotion, 5. Documenting Cooperative Compensation, 6. NAR's Code of Ethics - Mass Media Solicitations, 7. Is it really cheaper to rent? 8. Do's and Don't's when Terminating the Agreement of Sale, 9. Living in an UBER World
36,778 sq. ft. building; Zoning: SE (Suburban Employment): The (SE) District allows numerous commercial site uses; Passenger elevator; Private and common restrooms; Fully sprinkled; Data center with a grounded floor and a specialized HVAC system; 60 KVA back-up generator; Building/pylon signage; Potential to purchase adjacent parcels; Sale Price: $4,413,360
Listing Turkey - Piyalepasa Istanbul CatalogListing Turkey
We are working around the clock to transform a long-time dream into reality. As a result, Piyalepasa Istanbul will be the largest privately developed urban regeneration project in Turkey.
THE NEIGHBORHOOD WE HAVE BEEN LONGING FOR IS COMING TO LIFE
The good old days of the Piyalepasa neighborhood are being brought back to life with Piyalepasa Istanbul houses, residences, offices, hotels and a pedestrianized shopping avenue.
The wide streets of this 82.000 square meter development conveniently face the main boulevard in a prime Beyoglu location. “Piyalepaşa İstanbul” stands out as the only project designed to offer a neighborhood lifestyle, complete with its grocers, bagel sellers and greengrocer. Piyalepasa Istanbul has all the values to make it an authentic neighborhood, our very own community.
A NEIGHBORHOOD FULL OF LIFE, IN THE HEART OF THE CITY!
“Piyalepaşa İstanbul” is a “mixed-use” concept containing all the elements for a vibrant social life with houses, residences, offices, hotels and high street shopping.
“Piyalepaşa İstanbul” will take the liveliness of Istanbul into its heart. The elegant sparkle of Nisantasi, the young and colorful Besiktas, the variety and multicultural heritage of Istiklal Street will all be contained within the streets of this neighborhood.
“Piyalepaşa İstanbul” bears traces of the most beautiful examples of Turkish architecture from the Seljuks to the Ottomans and from Anatolia to Rumelia. With its graded facades, wide eaves, bay windows, pools, and interior courtyard systems, it offers a new living space without disrupting the city’s silhouette and neighborhood.
“Piyalepaşa İstanbul” is the new attraction of this splendid city.
TO BE AT THE CENTER OF ISTANBUL… THIS IS REAL LUXURY!
With its proximity to D-100 highway, connecting roads and tunnels, “Piyalepaşa İstanbul” is only minutes away from Kabatas, Besiktas, the Golden Horn and Karakoy.
“Piyalepaşa İstanbul” is close to the prestigious new Istanbul Court House, a major hospital, the Perpa trade center and the city’s most lively neighborhoods. With its shuttle service to Okmeydani Metrobus station, Sishane and the Court House subway stations, “Piyalepaşa İstanbul” will provide you with the most convenient transport connections.
https://listingturkey.com/property/piyalepasa-istanbul/
Stark Builders: Where Quality Meets Craftsmanship!shuilykhatunnil
At Stark Builders our vision is to redefine the renovation experience by combining both stunning design and high quality construction skills. We believe that by delivering both these key aspects together we are able to achieve incredible results for our clients and ensure every project reflects their vision and enhances their lifestyle.
Although we are not all related by blood we have created a team of highly professional and hardworking individuals who share the common goal of delivering beautiful and functional renovated spaces. Our tight nit team are able to work together in a way where we pour our passion into each and every project as we have a love for what we do. Building is our life.
Signature Global TITANIUM SPR | 3.5 & 4.5BHK High rise Apartments in Gurgaonglobalsignature2022
Signature Global TITANIUM SPR launched a high rise apartments in Gurgaon . In this project Signature Global offers 3.5 & 4.5 BHK high rise Apartment at sector 71 Gurgaon SPR Road. Signature Global Titanium SPR is IGBC Gold certified, a testament to our commitment to sustainability.