The Golden Age of Islam

The golden age of Islamic (and/or Muslim) art lasted from 750 to the 16th century, when ceramics, glass, metalwork, textiles, illuminated manuscripts, and woodwork flourished. Lustrous glazing was an Islamic contribution to ceramics. Islamic luster-painted ceramics were imitated by Italian potters during the Renaissance. Manuscript illumination developed into an important and greatly respected art, and portrait miniature painting flourished in Persia.Calligraphy, an essential aspect of written Arabic, developed in manuscripts and architectural decoration. This paper will examine the Islamic literature, music and philosophers. The most well known work of fiction from the Islamic world was The Book of One Thousand and One Nights (Arabian Nights), which was a compilation of many earlier folk tales told by the Persian Queen Scheherazade. The epic took form in the 10th century and reached its final form by the 14th century; the number and type of tales have varied from one manuscript to a nother.All Arabian fantasy tales were often called â€Å"Arabian Nights† when translated into English, regardless of whether they appeared in The Book of One Thousand and One Nights, in any version, and a number of tales are known in Europe as â€Å"Arabian Nights† despite existing in no Arabic manuscript (L. Sprague de Camp, pg. 10). This epic has been influential in the West since it was translated in the 18th century, first by Antoine Galland. Many imitations were written, especially in France. Various characters from this epic have themselves become cultural icons in Western culture, such as Aladdin, Sinbad and Ali Baba.However, no medieval Arabic source has been traced for Aladdin, which was incorporated into The Book of One Thousand and One Nights by its French translator, Antoine Galland, who heard it from an Arab Syrian Christian storyteller from Aleppo. Part of its popularity may have sprung from the increasing historical and geographical knowledge, so that pl aces of which little was known and so marvels were plausible had to be set further â€Å"long ago† or farther â€Å"far away†; this is a process that continues, and finally culminate in the fantasy world having little connection, if any, to actual times and places.A number of elements from Arabian mythology and Persian mythology are now common in modern fantasy, such as genies, bahamuts, magic carpets, magic lamps, etc (John Grant and John Cute, pg. 52). When L. Frank Baum proposed writing a modern fairy tale that banished stereotypical elements, he included the genie as well as the dwarf and the fairy as stereotypes to go. Ferdowsi's Shahnameh, the national epic of Iran, is a mythical and heroic retelling of Persian history.Amir Arsalan was also a popular mythical Persian story, which has influenced some modern works of fantasy fiction, such as The Heroic Legend of Arslan. A famous example of Arabic poetry and Persian poetry on romance (love) is Layla and Majnun, dati ng back to the Umayyad era in the 7th century. It is a tragic story of undying love much like the later Romeo and Juliet, which was itself said to have been inspired by a Latin version of Layli and Majnun to an extent. Ibn Tufail (Abubacer) and Ibn al-Nafis were pioneers of the philosophical novel.Ibn Tufail wrote the first fictional Arabic novel Hayy ibn Yaqdhan (Philosophus Autodidactus) as a response to al-Ghazali's The Incoherence of the Philosophers, and then Ibn al-Nafis also wrote a novel Theologus Autodidactus as a response to Ibn Tufail's Philosophus Autodidactus. Both of these narratives had protagonists (Hayy in Philosophus Autodidactus and Kamil in Theologus Autodidactus) who were autodidactic feral children living in seclusion on a desert island, both being the earliest examples of a desert island story.However, while Hayy lives alone with animals on the desert island for the rest of the story in Philosophus Autodidactus, the story of Kamil extends beyond the desert isl and setting in Theologus Autodidactus, developing into the earliest known coming of age plot and eventually becoming an early example of proto-science fiction (John Grant and John Cute, pg. 52). Theologus Autodidactus, written by the Arabian polymath Ibn al-Nafis (1213–1288), is an early example of proto-science fiction.It deals with various science fiction elements such as spontaneous generation, futurology, and the end of the world and doomsday. Rather than giving supernatural or mythological explanations for these events, Ibn al-Nafis attempted to explain these plot elements using the scientific knowledge of biology, astronomy, cosmology and geology known in his time. His main purpose behind this science fiction work was to explain Islamic religious teachings in terms of science and philosophy through the use of fiction.A Latin translation of Ibn Tufail's work, Philosophus Autodidactus, first appeared in 1671, prepared by Edward Pococke the Younger, followed by an English translation by Simon Ockley in 1708, as well as German and Dutch translations. These translations later inspired Daniel Defoe to write Robinson Crusoe, regarded as the first novel in English (James Thurber, pg. 64). Philosophus Autodidactus also inspired Robert Boyle to write his own philosophical novel set on an island, The Aspiring Naturalist (James Thurber, pg. 64).The story also anticipated Rousseau's Emile: or, On Education in some ways, and is also similar to Mowgli's story in Rudyard Kipling's The Jungle Book as well as Tarzan's story, in that a baby is abandoned but taken care of and fed by a mother wolf. Dante Alighieri's Divine Comedy, considered the greatest epic of Italian literature, derived many features of and episodes about the hereafter directly or indirectly from Arabic works on Islamic eschatology: the Hadith and the Kitab al-Miraj (translated into Latin in 1264 or shortly before (James Thurber, pg. 4) as Liber Scale Machometi, â€Å"The Book of Muhammad's Ladder †) concerning Muhammad's ascension to Heaven, and the spiritual writings of Ibn Arabi. The Moors also had a noticeable influence on the works of George Peele and William Shakespeare. Some of their works featured Moorish characters, such as Peele's The Battle of Alcazar and Shakespeare's The Merchant of Venice, Titus Andronicus and Othello, which featured a Moorish Othello as its title character. These works are said to have been inspired by several Moorish delegations from Morocco to Elizabethan England at the beginning of the 17th century (Nazami, 1980).A number of musical instruments used in classical music are believed to have been derived from Arabic musical instruments: the lute was derived from the al'ud, the rebec (ancestor of violin) from the rebab, the guitar from qitara, naker from naqareh, adufe from al-duff, alboka from al-buq, anafil from al-nafir, exabeba from al-shabbaba (flute), atabal (bass drum) from al-tabl, atambal from al-tinbal, the balaban, the castanet from kasatan, sonajas de azofar from sunuj al-sufr, the conical bore wind instruments, the xelami from the sulami or fistula (flute or musical pipe), the shawm and dulzaina from the reed instruments zamr and al-zurna, the gaita from the ghaita, rackett from iraqya or iraqiyya, the harp and zither from the qanun, canon from qanun, geige (violin) from ghichak, and the theorbo from the tarab.A theory on the origins of the Western Solfege musical notation suggests that it may have also had Arabic origins. It has been argued that the Solfege syllables (do, re, mi, fa, sol, la, ti) may have been derived from the syllables of the Arabic solmization system Durr-i-Mufassal (â€Å"Separated Pearls†) (dal, ra, mim, fa, sad, lam). This origin heory was first proposed by Meninski in his Thesaurus Linguarum Orientalum (1680) and then by Laborde in his Essai sur la Musique Ancienne et Moderne (1780). See as well the gifted Ziryab (Abu l-Hasan ‘Ali Ibn Nafi‘). Ottoman military ba nds are thought to be the oldest variety of military marching band in the world. Though they are often known by the Persian-derived word Mehter. The standard instruments employed by a Mehter are: Bass drum (timpani), the kettledrum (nakare), Frame drum (davul), the Cymbals (zil), Oboes and Flutes, Zurna, the â€Å"Boru† (a kind of trumpet), Triangle (instrument), and the Cevgen (a kind of stick bearing small concealed bells).These military bands inspired many Western nations and especially the Orchestra inspiring the works of Wolfgang Amadeus Mozart and Ludwig van Beethoven. Arab philosophers like al-Kindi (Alkindus) and Ibn Rushd (Averroes) and Persian philosophers like Ibn Sina (Avicenna) played a major role in preserving the works of Aristotle, whose ideas came to dominate the non-religious thought of the Christian and Muslim worlds. They would also absorb ideas from China, and India, adding to them tremendous knowledge from their own studies. Three speculative thinkers, a l-Kindi, al-Farabi, and Avicenna (Ibn Sina), fused Aristotelianism and Neoplatonism with other ideas introduced through Islam, such as Kalam and Qiyas.This led to Avicenna founding his own Avicennism school of philosophy, which was influential in both Islamic and Christian lands. Avicenna was also a critic of Aristotelian logic and founder of Avicennian logic, and he developed the concepts of empiricism and tabula rasa, and distinguished between essence and existence. From Spain the Arabic philosophic literature was translated into Hebrew, Latin, and Ladino, contributing to the development of modern European philosophy. The Jewish philosopher Moses Maimonides, Muslim sociologist-historian Ibn Khaldun, Carthage citizen Constantine the African who translated ancient Greek medical texts, and the Muslim Al-Khwarzimi's collation of mathematical techniques were important figures of the Golden Age.One of the most influential Muslim philosophers in the West was Averroes (Ibn Rushd), founder of the Averroism school of philosophy, whose works and commentaries had an impact on the rise of secular thought in Western Europe (Nawal Muhammad Hassan, 1980) He also developed the concept of â€Å"existence precedes essence†. Another influential philosopher who had a significant influence on modern philosophy was Ibn Tufail. His philosophical novel, Hayy ibn Yaqdhan, translated into Latin as Philosophus Autodidactus in 1671, developed the themes of empiricism, tabula rasa, nature versus nurture, condition of possibility, materialism, and Molyneux's Problem. European scholars and writers influenced by this novel include John Locke, Gottfried Leibniz, Melchisedech Thevenot, John Wallis, Christiaan Huygens. George Keith, Robert Barclay, the Quakers, and Samuel Hartlib(Nawal Muhammad Hassan, 1980).Al-Ghazali also had an important influence on Jewish thinkers like Maimonides and Christian medieval philosophers such as Thomas Aquinas. However, al-Ghazali also wrote a devastatin g critique in his The Incoherence of the Philosophers on the speculative theological works of Kindi, Farabi and Ibn Sina. The study of metaphysics declined in the Muslim world due to this critique, though Ibn Rushd (Averroes) responded strongly in his The Incoherence of the Incoherence to many of the points Ghazali raised. Nevertheless, Avicennism continued to flourish long after and Islamic philosophers continued making advances in philosophy through to the 17th century, when Mulla Sadra founded his school of Transcendent Theosophy and developed the concept of existentialism.Other influential Muslim philosophers include al-Jahiz, a pioneer of evolutionary thought and natural selection; Ibn al-Haytham (Alhacen), a pioneer of phenomenology and the philosophy of science and a critic of Aristotelian natural philosophy and Aristotle's concept of place (topos); Biruni, a critic of Aristotelian natural philosophy; Ibn Tufail and Ibn al-Nafis, pioneers of the philosophical novel; Shahab al -Din Suhrawardi, founder of Illuminationist philosophy; Fakhr al-Din al-Razi, a critic of Aristotelian logic and a pioneer of inductive logic; and Ibn Khaldun, a pioneer in the philosophy of history and social philosophy. Despite a number of attempts by many writers, historical and modern, none seem to agree on the causes of decline.The main views on the causes of decline comprise the following: political mismanagement after the early Caliphs (10th century onwards), foreign involvement by invading forces and colonial powers (11th century Crusades, 13th century Mongol Empire, 15th century Reconquista, 19th century European colonial empires), and the disruption to the cycle of equity based on Ibn Khaldun's famous model of Asabiyyah (the rise and fall of civilizations) which points to the decline being mainly due to political and economic factors.References 1. L. Sprague de Camp, Literary Swordsmen and Sorcerers: The Makers of Heroic Fantasy, p 10 ISBN 0-87054-076-9 2. John Grant and J ohn Clute, The Encyclopedia of Fantasy, â€Å"Arabian fantasy†, p 52 ISBN 0-312-19869-8 3. James Thurber, â€Å"The Wizard of Chitenango†, p 64 Fantasists on Fantasy edited by Robert H. Boyer and Kenneth J. Zahorski, ISBN 0-380-86553-X 4. NIZAMI: LAYLA AND MAJNUN – English Version by Paul Smith 5. Nahyan A. G. Fancy (2006), â€Å"Pulmonary Transit and Bodily Resurrection: The Interaction of Medicine, Philosophy and Religion in the Works of Ibn al-Nafis (d. 1288)†, pp. 95–101, Electronic Theses and Dissertations, University of Notre Dame. [3] 6. Dr. Abu Shadi Al-Roubi (1982), â€Å"Ibn Al-Nafis as a philosopher†, Symposium on Ibn al Nafis, Second International Conference on Islamic Medicine: Islamic Medical Organization, Kuwait (cf. Ibnul-Nafees As a Philosopher, Encyclopedia of Islamic World). 7. Nawal Muhammad Hassan (1980), Hayy bin Yaqzan and Robinson Crusoe: A study of an early Arabic impact on English literature, Al-Rashid House for Pub lication.

Portlands Historic Union Station essays

Portland's Historic Union Station essays Portlands Historic Union Station has been a staple of transportation in the Northwest since it was built in 1896. Portland is a young city at just 150 years old, and Union Station has played a key role in making Portland what it is today. As Portland grew during the late 19th century because of its timber and livestock exports, coupled with the gaining popularity of railway travel, the city decided to construct a rail station that could serve as a major transportation hub for the region. Even with the creation of the Super Highway across the U.S., Union Station has continued to thrive as an important part of the cities transportation system. It also serves as a cherished landmark. Portlands Union Station has had a rich history throughout the years. However in order to completely understand the buildings meaning, factors such as cultural influences, design principles, economic forces, and its technological means must be examined. All buildings are constructed to fulfill needs. Union Station is no exception to this rule. Union Stations purpose is obvious in that it serves as a central part of Portlands expansive transportation system. Without a program, Union Station would be a mere piece of art. Union Stations purpose has never changed dramatically. It has always served as the major center of the cities railroad travel. Of course it had more usage before the creation of the Super Highway and the popularity of air travel, but it has always served the community and its purpose has stayed consistent. Union Station used to serve as the icon for fast and easy travel. Today people look at the Portland (PDX) airport as the fastest mode of travel. Union Stations usage has dropped over time but the people who use it have been the same. Travelers looking to get from place to place have always been the predominant force behind the creation and usage of this building. The program of Union Station is no...

Dónde pedir información migratoria de todo tipo

Dà ³nde pedir informacià ³n migratoria de todo tipo Es muy comà ºn que los migrantes o los extranjeros con visas no inmigrantes tengan dudas sobre cul es exactamente su estatus migratorio o sobre asuntos que pueden afectarlo. En este artà ­culo se explica cà ³mo obtener informacià ³n de primera mano sobre situacià ³n de casos pendientes ante el Servicio de Inmigracià ³n y Ciudadanà ­a (USCIS, por sus siglas en inglà ©s) y con las embajadas o consulados. Asimismo, cà ³mo saber si una persona est detenida, tiene una orden de deportacià ³n o de arresto, cà ³mo comunicarse con el Servicio Nacional de Visas, cà ³mo consultar si se es ciudadano americano. cà ³mo se puede solicitar un pasaporte o dà ³nde estn las oficinas locales del ICE. Y otros otros telà ©fonos importantes sobre asuntos que afectan muy de cerca a migrantes. Consultar con el USCIS Si se tiene un caso pendiente con el USCIS, existen diferentes modos de comunicarse y buscar informacià ³n. En persona Todos los extranjeros que se encuentren legalmente en Estados Unidos pueden usar el servicio de InfoPass.  Se pide una cita y en un corto plazo de tiempo se puede acudir a una oficina de Inmigracià ³n. Allà ­ un oficial con conocimiento del tipo de casos sobre el que existe la duda examinar la documentacià ³n que se le presenta y ofrecer una opinià ³n profesional. Es importante subrayar que los inmigrantes indocumentados no pueden utilizar este servicio. Y que puede tener consecuencias muy adversas presentarse voluntariamente en unas oficinas de Inmigracià ³n, como por ejemplo, ser arrestado en el momento. Por internet, correo electrà ³nico, mensaje de texto Se puede utilizar el sistema del USCIS de My Case Status para verificar cà ³mo est la tramitacià ³n. Es necesario saber el nà ºmero de caso que es el que aparece en la primera carta que se recibe del USCIS. Por correo Si se ha enviado una peticià ³n o solicitud a una Oficina de Campo (Field Office), se puede enviar una carta preguntando por el caso. Incluir los siguiente: Nombre completo y direccià ³nAlien Registration NumberFecha de nacimientoFecha y lugar de la aplicacià ³n sobre la que se preguntaEl Nà ºmero del caso Fotocopia legible de la à ºltima carta que se recibià ³ del USCISY, si ya ha tenido lugar una entrevista o la toma de huellas digitales, indicar la fecha y el lugar donde se realizà ³. Militares Los miembros del Ejà ©rcito de los Estados Unidos tienen reglas especiales en algunos asuntos migratorios. Para informarse y resolver inquietudes que les afecten directamente o a familiares pueden marcar gratis al 1-877-247-4645, de lunes a viernes de 8.am a 4.30 pm hora CST. Tambià ©n pueden escribir un correo a: militaryinfo.nscdhs.gov. Recordar que algunos familiares de militares o reservistas o veteranos que se encuentran en situacià ³n de indocumentados pueden beneficiarse del Parole in Place y obtener asà ­ los papeles. Centro Nacional de Visas (NVC) Las personas que estn pendientes de una visa de inmigrante pueden ponerse en contacto con el NVC siguiendo pautas establecidas. Si la inquietud que se tiene es sobre cunto tiempo hay que esperar, la informacià ³n puede saberse verificando cada vez las fechas de prioridad que publica el Departamento de Estado en el Boletà ­n de Visas. Detenidos y à ³rdenes Existe una base de datos donde es posible verificar si una persona est detenida por las autoridades migratorias. Y si no aparece en el sistema, existen telà ©fonos en los que los familiares o los abogados de la persona que se cree que puede estar detenida pueden pedir informacià ³n. Si una persona est detenida se puede averiguar informacià ³n sobre la prisià ³n y su direccià ³n en esta aplicacià ³n. Recordar que a los detenidos se les puede enviar dinero y paquetes. Adems, si se cree que se puede tener una orden de deportacià ³n en contra, es conveniente verificarlo.   Cortes de Inmigracià ³n Si se quiere saber el estatus de un caso, se puede marcar a cualquiera de los dos telà ©fonos siguientes: 800-898-7180240-314-1500 Si se desea pedir informacià ³n sobre el rà ©cord migratorio que pueden tener las cortes, marcar al 703-605-1297. Tramitacià ³n Visas no inmigrantes Asà ­ se puede verificar los tiempos que tardan en tramitarse las distintas visas no inmigrantes segà ºn el consulado o embajada en la que se aplica.   Si existe la tentacià ³n de aplicar en una oficina consular distinta a la del lugar habitual al que se reside, conviene tener en cuenta cules son los posibles inconvenientes. Verificacià ³n de Resultados de la loterà ­a de Visas (green card) Todos los aà ±os el gobierno de Estados Unidos celebra una loterà ­a gratuita de tarjetas de residencia. El sorteo se conoce como Visas de la Diversidad y los resultados se dan a conocer en mayo.   Oficinas   La direccià ³n de las oficinas de campo del USCIS se puede verificar aquà ­. Hacia el final de la pgina aparece un mapa, clickar en el estado en el que se busca la informacià ³n. Para buscar la direccià ³n exacta de los Centro de Apoyo, donde entre otras cosas se toman las huellas digitales y las fotos, se puede utilizar esta aplicacià ³n.   Y aquà ­ se puede buscar por estado la direccià ³n de las oficinas en las que se llevan a cabo entrevistas de asilo que han sido previamente pautadas. Si se busca contactar con la oficina local de Aplicacià ³n y Expulsià ³n (ERO, por sus siglas en inglà ©s), aquà ­ estn las direcciones fà ­sicas y las de correo electrà ³nico, por estado. Pasaporte americano En ocasiones es necesario obtener urgentemente un pasaporte porque se viaja con carcter inmediato y o bien no se tiene o bien est expirado. En estos casos, cerrar una cita marcando al 1-877-987-2778, antes de presentarse en una de las Agencias de Pasaporte Regionales.   Si se sigue el procedimiento ordinario, en tiempo normal o acelerado, estas son las oficinas en las que se puede aplicar.   Tener en cuenta los casos en los que se puede renovar por correo y los requerimientos especiales para menores.  Si se est fuera de los Estados Unidos, contactar con nuestra embajada o consulado ms cercano. Por à ºltimo, si se ha solicitado un pasaporte, aquà ­ se puede verificar online el estatus del caso.   Dudas sobre ciudadanà ­a Aunque parezca increà ­ble, lo cierto es que muchas personas creen que pueden ser ciudadanas americanas pero no lo saben con certeza. El principal problema es que la ley ha cambiado en varias ocasiones y por esos algunas personas no tienen claro si conservan la ciudadanà ­a o la adquirieron sin saberlo. Siempre que se tenga una duda razonable sobre la posibilidad de ser ciudadano americano se puede marcar al  1800-375-5282.  Ahà ­ encontrar ayuda. Tambià ©n es importante informase sobre quà © hacer para saber sobre si es posible recuperar la ciudadanà ­a que en aplicacià ³n de leyes pasadas se perdià ³ involuntariamente. En todo caso, antes de preguntar es aconsejable informarse sobre las reglas bsicas que regulan la ciudadanà ­a y cà ³mo se adquiere. Embajadas y Consulados Las Embajadas y los consulados americanos tienen al servicio del pà ºblico pginas webs donde brindan importante informacià ³n. Tambià ©n ofrecen sus telà ©fonos de contacto y correo electrà ³nico. Pero hay que entender que las oficinas consulares de los Estados Unidos no son los abogados particulares de nadie.   Las Embajadas y los consulados sà ­ que brindan ayuda a los ciudadanos estadounidenses que residen en el exterior. Para facilitar su labor es altamente recomendable inscribirse para tal fin. Reportar un ilà ­cito migratorio Se puede marcar al 1-866-DHS-2-ICE, o lo que es lo mismo: 1-866-347-2423. Tambià ©n se puede llenar en inglà ©s este formulario.   Telà ©fono para reportar abuso laboral En el 1-888-7581 se puede denunciar todo tipo de abuso, desde el no pagar salarios legales a acosos laborales o sexuales. Pueden denunciar todos los trabajadores, sin importar su estatus legal.   Violencia domà ©stica y otros tipos de crà ­menes Cualquier persona puede denunciar, tambià ©n sin que se tenga en consideracià ³n el estatus legal. Pero como aquà ­ se explica, salvo en casos en los que por seguridad hay que llamar inmediatamente, las và ­ctimas indocumentadas deberà ­an consultar antes con un abogado migratorio.   Los telà ©fonos a los que se puede marcar son: Là ­nea abierta nacional contra la violencia domà ©stica: 1-800-799-7233Là ­nea abierta de la red nacional contra el asalto sexual, violacià ³n, abuso e incesto (RAINN, por sus siglas en inglà ©s): 1-800-656-4673Centro nacional de nià ±os desaparecidos y explotados: 1-800-843-5678Centro nacional para và ­ctimas de crà ­menes: 1-800-394-2255 Otros telà ©fonos importantes En todo Estados Unidos y sus territorios se puede marcar al 911 para contactar con la policà ­a.   Para asuntos migratorios lo ms adecuado es contar con un abogado reputado. Y, si no se puede pagarlo, intentar obtener ayuda a travà ©s de organizaciones que brindan asistencia legal a migrantes. Por à ºltimo, el sistema consular mexicano en los Estados Unidos ha habilitado un telà ©fono gratis al que se puede marcar desde cualquier paà ­s para ayudar a su migrantes nacionales. Funciona muy bien y presta ayuda beneficiosa. Este artà ­culo no es asesorà ­a legal. Sà ³lo tiene carcter informativo.

The global warming Essay Example | Topics and Well Written Essays - 250 words

The global warming - Essay Example ds, carbon monoxide, heavy metals, ozone, radon, and industrial smog (sulfurous and nitrous compounds mixed with water vapor and soot) (Global, 2003). Many of these pollutants are released into the atmosphere from areas of heavy industry and high traffic areas. Air pollution existed long before this, though, in the form of volcanic activity, fires, and dust-storms. This natural sort of pollution was generally able to be removed or assimilated by the functions of the biosphere. During these times, the earth was in a system that basically had minimal impact from humans. New chemicals and excess pollution since the industrial revolution, however, have taxed the threshold level of the biosphere. Acid deposition, global warming, and stratospheric ozone depletion represent unsustainable impacts on the environment. Many atmospheric scientists agree that air pollution from human sources has significantly altered the entire biosphere. Working globally in concerned international communities is seen to be key to solving the problem and reducing greenhouse gas emissions. But steps must be taken to reduce the threat of global climate change at the individual, local, state, and national, as well as the international, level. Steps could be as complicated as urban design and waste management research, or as simple as planting a tree. Many cities have voluntarily taken the initiative to improve the environment by implementing greenhouse gas reduction strategies. These strategies can help communities save money as they lower the risks to human health caused by glo bal warming. As too carbon dioxide enters the atmosphere from traditional energy sources, and as the media pays a lot of attention, more and more people have been exploring energy alternatives in the form of wind and solar energy, as well as exploring more environmentally friendly options in their choice of building materials. Global warming has been a concern of science for more than a century, perhaps

The impact of VAC Therapy on management of sternal wound infections Literature review

The impact of VAC Therapy on management of sternal wound infections after cardiac surgery - Literature review Example The impact of VAC Therapy on management of sternal wound infections after cardiac surgery Sternal wound infection after cardiac surgery is a serious problem resulting in increased patient morbidity; mortality and duration of hospital stay (Luckraz et al 2003). The incidence of this infection has been variably reported as 0.5 to 5% and the resultant mortality as 10 to 25% (Sjogren et al 2006; Schimer et al 2008). Conventionally, many management techniques have been recommended to treat this complication like surgical debridement with open dressings, closed irrigation of the infected wound, or reconstruction with vascularised omental or pectoral muscle flaps (Domkowski et al 2003). Vacuum assisted closure (VAC) therapy is one of the newer modalities to treat this complication (Evans & Land 1997) which has been widely adopted. Application of negative pressure was successfully used for treating chronic wounds such as diabetic foot ulcers (Eneroth &Â  van Houtum 2008; Ubbink et al 2008). After it was found successful in achieving faster healing in these wounds, use of this therapy has been extended for the management of sternal wound infections as well (Luckraz et al 2003; Domkowski et al 2003; Hersh et al 2003; Sjogren et al 2006). However, i t hasn’t been proven yet with good evidence that its efficacy is more than the conventional treatment. Thus, the main objective of this review is to determine the effectiveness of vacuum assisted closure therapy in the management of wound infection after cardiac surgery. ... Also, it allows re-examination of the wound and bedside debridement, as and when required. To apply negative pressure, wound area is packed with special dressing (polyurethane sponge/foam or polyvinyl alcohol foam) and covered with a transparent tape which seals the wound. A drain tube passes through this tube which is connected to a vacuum tube which sucks out the fluid through this drain tube. Negative pressure applied is in the range of -75 to -125 mm Hg (MAS 2006). Conventionally, medical (antibiotics) and various surgical modalities have been used in the treatment of deep sternal wound infections (DSWI) (Singh, Anderson & Harper 2011). Surgical management options include closed suction antibiotic irrigation system, omental flap reconstruction, pectoralis major, latissimus dorsi or rectus abdominis muscle advancement or rotation flap, and microsurgical free flap. Early wound exploration is combined with any of these techniques. Regimen of sternal fixation with sternal plating sys tem is also getting popular (Singh, Anderson & Harper 2011). Traditional methods of wound care involve regular cleaning and dressing of the wound different kinds of dressing materials from simple gauzes to chemical impregnated gauzes as per the type of the wound. However, VAC therapy is being projected as one solution for multiple wound types. Search strategy A manual search was conducted for the journals, books and other data related to the subject. Internet was also accessed for searching for journal articles pertaining to the subject. CINAHL database via the EBSCO host platform was utilized to perform a literature search because it is the most wide-ranging nursing database and is easy to search. MEDLINE and COCHRANE database

Review Righteous Dopefiend by Philippe Bourgois and Jeff Schonberg Essay

Review Righteous Dopefiend by Philippe Bourgois and Jeff Schonberg - Essay Example homeless who are always hustling for the drugs over food and shelter and evaluate the way in which this segment of society functions to create their own culture and system, specifically with the desire to have more heroin available for their use. Throughout the book, the author’s relay different segments of the homeless population to show the different functions and roles that are a part of the community. Different stories are told about the heroin users and how they work to create an aspect of society that is based on using illegal drugs. This is followed by ethnographic figures that take place through a series of photographs to show the lifestyle and conditions of the individuals that are a part of the community. Through the documents that were taken, was the ability to capture a space in society that is often regarded as morally wrong and which doesn’t account for the social truth and realities that the righteous dopefiend’s carry in culture. The main argument that the author present is to represent the homeless and the righteous dopefiend’s in a different light. The authors’ state in the beginning that the observations taken from the homeless are not regarded as one that is morally objective. Instead, the photographs and stories are an anthropological representation of culture and society. It is the authors’ desire to create a different viewpoint of the homeless that are addicted to heroin, not from a righteous or morally fit viewpoint, such as society views. Instead, the book is based on observing how the culture and society of homeless addicts functions. The book remains neutral and is not objective in observations and instead shows how the individuals survive and what they regard as important in their lives. The author combines this with evaluations from the segments of society, such as the difference between the younger addicts and the older generations. The main thesis that the authors’ are able to provide through these

Bespoke Form of Contracts: A Scourge or Necessity?

Bespoke Form of Contracts: A Scourge or Necessity? Chapter 1 Introduction Research Rationale The use of standard forms of contract, FIDIC Red book (Red Book Engineer/ employer designed Contractor executed) was introduced in the UAE during the late 80s and early 90s, more specifically on Dubai Municipality infrastructure projects by the Dubai Municipality, later been transformed to RTA in 2006. Ever since FIDIC based bespoke forms introduced in the UAE, it has been used extensively in the construction industry, the Red book based FIDIC forms are extensively used in different types varying from lump sum to re-measurement contracts by many large organizations. Every project is associated with risk and is inevitable and the impact is spread across the project. Whilst the intention to introduce a standard form of contract was to achieve a balance in terms of risk sharing between the parties, conversely at a later stage clients started amending the standard form of contracts to safe guard their interests. Many such bespoke versions did not achieve the intended purpose as it became one sided due to the alterations. The one sided contracts, in other words i.e. by drafting partial contracts to safe guard the employers risks and financial positions will have a tendency to impact the construction cost. If the risk is high, the cost increases proportionally (Mohamed Hartman, 2000, p 15) UAE as a country has high potential and growth compared to the neighboring Gulf countries in the recent years (2003 2008), which led to many fast track infrastructure and building projects, most of those are innovative, having ambitious aspirations to become international land marks, having the common feature of shorter durations. One of the main reasons for adopting fast track projects was to reduce the financial burdens (loans and repayment period) and to minimize the risk for escalation due to the construction boom in the region. Also in a raising market, the cost of the construction was proportional to the duration of the project as the contractors were including the risk for escalation in their bids. A few examples for such land mark projects with shorter duration captured the attention are Burj Khalifa tower, Dubai Metro, Palm Island and Dubai Mall. The multinational construction interface between the parties and culture stipulated the importance of using standard forms of construction contracts in the UAE, one of the main reasons to use standard forms of contracts are the familiarity among the parties, which has been used across many developments worldwide, even practiced at courts, assumed to be understood by parties, the risks are apportioned in a balance way and understood by even the stake holders, reduced legal and construction cost. As mentioned above, one of such standard form of contract, FIDIC 1987 4th edition red book was introduced by Dubai Municipality in early 90s with amendments to the original form (bespoke version is called as Dubai Municipality general conditions of Contract), later been followed by many public and private sector clients in UAE. Many such amendments in the creation of bespoke versions of FIDIC forms have defeated the intended purpose of achieving a balanced version of contract By the mid of 2006, many clients started using bespoke versions of new FIDIC i.e. FIDIC 99 Contracts, however there is a significant difference between these two forms (FIDIC 1999 FIDIC 1987) of contracts in many areas. Like any other place in the world, the competitions in the construction industry among the contractors are very high in UAE also. Many clients in the region, whilst using open or selective tendering (as they invite tenders from their own tender pool), before and after the current economic crisis, do have the habit of awarding the works to the lowest bidder. In order to overcome the competition in the market, the contractors at times started under quoting the works, were trying to recover through variation and claims at a later stage. This situation resulted in arguments and disputes due to the wrong interpretation of the forms of contract used by different parties, in addition, the unbalanced and void bespoke versions contributed much to these kinds of disputes. Many such disputes were revolving around the poor interpretation and understanding of the variations clauses, leading to claims and disputes on fast track projects. The intended purpose of this dissertation is to identify The essential clauses needed to administer a contract The importance of making right interpretations while using contracts An overview of the bespoke versions of contracts Research Methodology A detailed analysis of Variation clause in Nakheel Conditions of Contract ( bespoke FIDIC 1987) and the possible interpretations by various parties to the contract, briefly stating the difference between 1999 1987 based forms clauses that relates to variation and varied work clauses. Identify the potential difference between the two bespoke versions i.e. FIDIC 1999 1987 4th edition Nakheel Conditions of Contract on major clauses. A case study on a dispute from ALDARs Conditions of Contract (bespoke of FIDIC 1999) on variations while using the bespoke versions of contract Proposed study chapters The intended study focus on the meaning of construction contracts, their existence and the different forms of contracts. The literature review is covered in the first four Chapters, Chapter 2 covers the use of different forms of FIDIC contracts, including a brief history of their start in the UAE, Chapter 3 focus on the essential clauses needed for the administration of any forms of Construction contracts, Chapter 4 an analysis of Nakheels conditions of contract (bespoke FIDIC 1987 4th edition) variation clause, the possible interpretations by different parties to the Contract, Chapter 5 a comparison between Two bespoke forms of Nakheels Conditions of contract (FIDIC 99 and FIDIC 87 4th edition) on major clauses, Chapter 6 a survey to identify whether the employers achieved the intended purpose by using bespoke versions, Chapter 7 analysis of the data collected ,chapter 8 recommendation. An overview of the construction Contracts Construction contracts are generally classified as Oral (when the act will not apply) or written (if the other criteria are met, the act applies). The form of written contracts are again classified into i. A simple exchange of correspondences; ii. A tailor made written agreement; iii. A standard form such as JCT,Fidic etc; iv. Standard terms and conditions of the business. Contract in broader term is defined or expressed as conformity between two or more person i.e individuals, businesses, organizations or government agencies to carryout, or to abstain from doing things in exchange for something of value. Contracts can be oral or written, using formal or informal terms. If one party to the contract fails to live up to its part of the bargain, there shall be a breach and certain remedies for solving this is available. The expressions of the contract who, what, where, when, and how of the contract describe the binding promises of each party to the contract. In other words the significance of the agreement becomes important only when a breach occurs by the counterpart and it becomes necessary to protect the right of the other party (http://law.freeadvice.com/general_practice/contract_law/contract_agreement.htm) and the breach of contract is recognized by the common law and the remedies are available as well. On the other hand, the strongest contract, in terms of enforceability, shall have an offer, acceptance with considerations for the exchange, the terms of such an agreement shall be without ambiguity, and is signed by the parties to the contract who has the proper capacity to enter into the contract. Weaker contracts can be classified as verbal agreements or contracts agreed by parties in direct violation of state or federal laws of the country. There are several aspects related to valid contracts; in fact, an entire course in law school is often devoted to contract law (http://www.wisegeek.com/what-is-a-contract.htm). John Adriaanse (2007) quoting Lord Diplock who classified construction contract as â€Å" the sale of goods, work and labor for a lump sum price payable by installments as the goods are delivered and the work done. Decisions have to be made from time to time about such essential matters as the marking of variation orders, the expenditure of provisional and prime cost sums and the extension of time for carrying out the work under the contract†. He also stated that â€Å"a construction contract is best described as a complex web of competing interests†. At the same time Charles.S. Philip (1999) defining contracts as â€Å"binding agreement between two or more persons or parties construction contracts are defined as agreements, oral or written, executed between Clients and Contractors for construction / maintenance work done for compensation†. In another definition â€Å"we must understand that a construction contract is merely a set of criteria, or expectations, t hat bind the contracting parties† (Gilbreath, 1992) The basic elements of a contract are an offer, acceptance of the offer with considerations. This can even be described as concurrence of wills or ad idem or meeting of the minds of two or more parties (http://www.alway-associates.co.uk/legal-update/article.asp?id=165).Consideration, on the other hand, makes sure that e that something is exchanged. In certain situations, the law requires the consideration to be adequate, which is, a relatively reasonable price, or ostensible, where even a Dirham will do. Contracts may or may not be enforceable by law. The good example is; the agreement between the parent and child cannot be enforceable by law whereas the agreement for a loan probably enforceable by law. On the other hand whether a contract is enforceable by law or not depends on many factors, the primary and most important factor being whether the parties to contract anticipated / intended the contract to be legally enforceable or not. Most of the construction contracts are bilateral contracts, some cases the unilateral contracts becomes bilateral with considerations. Contracts can be bilateral or unilateral. In a bilateral contract, each part makes promise or promises to the other party. A good example is while selling a home, the buyer promises to pay the seller AED 1 Million in return the seller agree / promise to deliver the title of such property. Where as in a unilateral contract only one party to the contract make the promise. A good example is the reward contract. X promise to pay a reward to Y if Y find Xs stolen car. Here Y is not obliged to find Xs stolen car, but X is obliged to pay the reward to Y only if Y finds Xs car. The consideration for the agreement is Ys trust on Xs promise or Y giving up his legal right to anything he wanted at the time he was in the process of finding of the car. Here, conditions precedent to Xs obligation to pay is the finding of the car, although this is not a legal condition precedent as technically no binding contract has arisen until the time car is found (because Y hasnt agreed / accepted Xs offer until he find the car, referring back to the basis of contract as it requires offer, acceptance and considerations), the terminology â€Å"condition precedent† is used in contract law to establish a condition of promise in an agreement. For example, If Y has promised to X to find the car, and X has promised to pay Y when the car was found, Xs offer has been considered as a condition attached to it, and an offer and acceptance have been occurred. This is an incident in which a condition precedent attached to a bilateral contract. In the construction industry, the significance of having a balanced contract agreement has become essential to avoid disputes and to facilitate a smooth administration during the construction period. According to Lord Lathams report 1994, â€Å"constructing the team†, construction is a very unique process, the construction industry is different than the manufacturing and other industries, each project is unique with its nature and conditions, having heterogeneous conditions and situations, however definition of Latham for contracts not limited here, but include the design activities, advise and other legislations (Adriaanse 2007) which specify many details that a construction contract should take care of. Chapter 2 The Importance of using Standard forms of Contract 2.1 Introduction The adversarial nature ([Cheung et al., 2006] and [Cheung and Yiu, 2007]) and inborn risks (El-Sayegh, 2008) of the construction industry contributes to the speedy developments of construction disputes. Construction disputes are originated by many sources (Cheng et al., 2009). One of the main sources is the lack of understanding on the Contracts. Deprived interpretation and poor understanding of the construction contracts make the contracts clauses ([Broome and Hayes, 1997], [Cutts, 2004] and [Styllis, 2005]) and legalese ([Cutts, 2004] and [Candlin et al., 2002]), which results in differences between the parties to the contract on their legal rights and responsibilities. It is to be noted that this statement is justified in a study conducted by Mohamad and Zulkifli (2006), where majority of the contractors reported about the problems in understanding the contract documents. It is to be concluded that contractors need to be well versed in the interpretation and understanding of claus es stated in contracts. Dispute resolution methods at the early stages of disputes are the soft-skill resolution technique, i.e. avoidance (White, 2002), which offers a practical approach to prevent the predictability of conflicts that may occur in a project by understanding the form of contract used. The main objective of dispute avoidance technique is to promote teamwork and to create a harmonious atmosphere (Cheung, 1999). Thus, a proper appreciation of the construction contracts to the stakeholders will prevent a dispute from rotting, although a total elimination may be impossible. The importance of this chapter is to make a improved insight into the need for clarity of contract documents. Furthermore, it will assist contract drafters and experts review and clarify the clauses of the contract form in an understanding way to the parties. After the parties understand and consent to the clauses stated in the contract, the parties would recognize their obligations and contractual rights as required in the contract. 2.2 The need for contract clarity The need for this research comes up out of many conflicts identified in the construction industry due to the usage of different versions of contracts with amendments. A good example is, the senior officials of a leading developer in Dubai alleged that false ceiling collapsed and burst the pipes above the false ceiling at the buildings were related to the supervision problem and lack of access to the project site by the engineers (Developer Eyes ‘supervision authority2007). The engineers were not allowed on site due to some health and safety construction complications at certain times. This resulted inadequate supervision for the works. The problem heated up although the standard contract form clearly points out that the engineer, as being responsible for the overall supervision and direction of the project. Additionally, the Engineers representatives had the right of access to the works and construction site of the contractor (Clause 23 of bespoke Form). An explanation for this dispute was, contractor misinterpreted the conditions of contract and also failed to understand the legal obligations outlined in the contract. Thus, the question of clarity of contract conditions in the contract must be resolved. In addition, the court usually try to find out the intentions of contracting parties using plain, ordinary and popular meanings of the words. Scott vs Wawanesa Mutual Insurance Company brought out the clarity issue to the court attention (1994). The judge held that if the language of an insurance contract is ambiguous, the contra proferentem doctrine applies, that is the rule against the party who impose the inclusion of the ambiguous clause in the contract. On the other hand, if the wordings are unambiguous, the courts would not give any different meaning from what is expressed in its clear terms, unless the contract is highly unfair or hold an effect contrary to the intention of the parties (Duhaime, 2007 Duhaime, L., 2007. Part 7: interpretation of previous termcontracts.next term Duhaime Law, Victoria, Retrieved 22 May 2008, from .Duhaime, 2007). Thus, clarity of contract clauses is very important for the construction industry too. This shows the importance of understanding the c ontract by the contracting parties. Besides, the legalese takes place in the contract. The use of highly formal and technical language in legal documents disturbs interpretation (Feinman, 2003). Legal drafters made most damage by shrouding the mysteries of contracts with complex language and technical legal terms (Cutts, 2004). The deficiencies of legalese are mainly due to the unnecessary length and complexity. Sometimes, there are more serious errors that go unnoticed (Hill, 2001) because the interpretation of the contract clause was not actually written or interpreted in the contract (Thomas et al., 1994). Legalese would result the contracting parties fail to appreciate the contractual rights and obligations in a project (Semple et al., 1994). In the end, it shatters the working atmosphere of the project (Wang and Yang, 2005), resulting claims and delay to the project delivery. 2.3. Understanding the importance of standard form Construction contracts are well written agreements duly signed by the parties to the contract to define their contractual positions, relationships and obligations (Zaghloul and Hartman, 2003). The conditions of the contract are critical to ensure that the parties are put up by rules and regulations (Semple et al., 1994). The reduced understanding of the construction contract usually lead to construction disputes, as highlighted by many researches such as ([Thomas et al., 1994], [Semple et al., 1994], [Broome and Hayes, 1997] and [Mohamad and Zulkifli, 2006]). It is simply because of the reason that the parties could not achieve their contractual expectations (Harmon, 2003). Dubai Municipalitys be spoke forms of contract was followed and amended by various developers in the UAE industry. The origin of the contract can be traced to FIDIC Red Book 1987 standard form of contract. It had several amendments and revisions over the years by many developers and private sector clients in the UAE. The latest version of this form of contract was formulated in 2001 (Dr.Sam, 2004). The old-fashioned language used in it makes it difficult to understand and make the right interpretations. This is mainly due to lack of clarity and use of legalese in the contract clauses. Table 1 and Table 2 give a summary of clarity and legalese problems identified in the contract clauses of this Form. 2.4 History of FIDIC and other Standard forms of Contracts used in UAE Industry The most brilliant designs for any civil engineering or building project would remain in the documents and paper unless turned into reality by operations. This transaction process requires i.e. from the design to the reality requires the selection of the contract that reflects the aspirations of the parties as well as the demands of the successful project. The essential skills required for a Contract Administrator is the selection and management of proper form of contract and for each project, both the key criteria needed to be considered and risks should be identified and allocated, before the selection of the proper form of contract. This can be done from a range of standard forms of contract. In the UAE, the FIDIC form of contract (red book) was introduced in the early 90s for the infrastructure projects by Dubai Municipality, later been followed by many major clients such as Emmar, Nakheel and Damac. The standard form of contract identifies the roles and responsibilities of the parties, their agrents and provides rules to protect direct parties from doing wrong. The selection of the form of contracts depends on various criteria such as the responsibility and position of the parties involved in the contract. For example, factors such as , magnitude and nature of the works, procurement method (Lump sum, Measurement, Cost reimbursement), Design responsibility ( whether by the Employer, Part by the contractor or fully by the Contractor), roles and relationships (Client, Contractor, Design team and Specialists), the type of cost control document used (such as bill of quantities, schedule of rates, priced specification or contract sum analysis),Payment method (stage, time rela ted, turnkey) and Time (Open, fixed, acceleration and Damages). (Martin Brook, third edition, p 33-44) The various such forms of contracts available are JCT written by the Joint Contract Tribunal, NEC New engineering contract, a form recommended by Michal Lathams report (1994) for the use of both public and private sector clients because of its flexibility and written in simple English, ICE provided by the Institution of Civil Engineers, GC/Works/1 for Government Contracts, ACA Project Partnering Contract- PPC 2000, FIDIC..etc. A brief history of the FIDIC form of contract along with available forms are described below as the dissertation is focused on the FIDIC, the most commonly used for both building and Civil Engineering projects in the UAE. The Fà ©dà ©ration Internationale des Ingà ©nieurs-Conseils (â€Å"FIDIC†) organisation was founded in 1913 by France, Belgium and Switzerland. The UK joined only in 1949. The first edition of the Conditions of Contract (International) for Works of Civil Engineering Construction was published in August 1957 having been prepared on behalf of FIDIC and the Fà ©dà ©ration Internationale des Bà ¢timent et des Travaux Publics (FIBTP). The form of the early FIDIC contracts was prepared in line with the fourth edition of the ICE Conditions of contract. One difference with the initially published FIDIC contract was that they were based on the design being provided by the Employer or his Engineer to the Contractor. It therefore became best suited for various civil engineering as well as to various types of infrastructure projects such as roads, bridges, dams, tunnels and utility works such as water, sewerage etc. At the same time it was not so suited for contracts having major items of plant that were manufactured away from site. This led to thought of having the â€Å"Yellow Book† (the traditional one is known as the â€Å"Red Book† it was called as Red book because of the red color of the cover page) published in 1963 by FIDIC for mechanical and electrical works. This had the provisions for testing and commissioning which was more appropriate for the manufacture and installation of plant. The revised (second edition) was published in 1980. The revised editions of both Red book and yellow books FIDIC was published in 1987. A most important feature of the revised edition of Red Book (or â€Å"Old Red Book†)was provision for the Engineer to act impartially while giving a decision or in any action which affect the rights and obligations of the parties, whereas the previous versions assumed this implicitly. Although this talk concentrates on the new FIDIC forms, it should be remembered that the Old Red Book remains the contract of choice throughout much of the Middle East, particularly the UAE. A new form of contract was published (known as the â€Å"Orange Book†) in 1995 for the use on projects procured as design and build or turnkey, dispensing with the Engineer, providing for an â€Å"Employers Representative† who, while determining the value, costs or extensions of times need to: â€Å"determine the matter fairly, reasonably and in accordance with the Contract†. However, in 1999 FIDIC published new versions of the Red and Yellow books together with a Green and silver Books called as the short form of contract and turnkey contracts respectively. One of the significant differences between the 1999 edition and 1987 4th edition was the arguably diminishing role of the Engineer; a fair interpretation is making the Engineer as an assistant to the Employer. The other differences between these two versions will be discussed in the following chapters of this dissertation. Chapter 3 3.1 The important clauses and terminologies needed contract administration and a comparison with the bespoke version selected for the dissertation work During the process of making bespoke versions of contracts by amending the articles of the standard forms shall be done with extreme care as they run the risk of damaging the consistency as well as the integrity of the contract and the other contract related documents. Most of the standard conditions of contracts are developed over many years and been highly complex to deal with the unforeseen problems and legal decisions including statute law and an ever changing world. The contract must state clearly the documents that are having the status of the contractual documents, following are the documents that shall be considered as the contract documents. i. The signed agreement ii. Tender iii. General and particular conditions of contract iv. Drawings v. Bills of Quantities vi. Specification vii. Schedules viii. Program There are certain clauses required in the contract to facilitate the smooth administration of any contracts. The following are the commonly found and essential clauses required in construction contracts between the employer and the contractor irrespective of the forms and types of contracts. A detailed analysis with its importance is analyzed in this chapter for the dissertation purpose. Possession the date by which the employer shall provide possession to the contractor of the site to enable the work to begin, In FIDIC 1987, the commencement of work is described under the clause 41.1. The commencement shall be given with in the period agreed in the appendix to tender and failure to provide possession to the site within a reasonable time is interpretted as the breach from the employer.(CEM course material, Construction Law, chapter..). Under FIDIC 1987, the employer will, with the Engineers notice to commence the works, give to the Contractor the possession of the site (E.C Corbett, FIDIC 4th Legal Guide, p 238-239). Failure to give possession is dealt under clause 42.1, under such circumstances, the Engineer shall, after due consultation with Employer and Contractor determine Contractors entitlement for extension of time and also the associated cost, which shall be added to the Contract price, notify the Contractor with copy to the Employer (E.C Corbett, FIDIC 4th Legal Guide, p 238-239). Hence this clause is essential while drafting an agreement or contract for the administration. Completion The date, by which the contractor shall have the obligation to finish the work, this can be extended under various provisions if the employer or his contract administrator / engineer grant extension of time. Under FIDIC 1987, upon substantial completion of the work, the Contractor serve notice to the Engineer with copy to the Employer for the taking over certificate, and if the work in the view of the Engineer is substantially completed, issue a taking over certificate with in 21days. This is a very essential clause in any form of contract as in the absence of a completion date in the contract; the contractor shall be required to finish the work only within a reasonable time(ref: John Uff..). Non completion this clause shall deal with the situations when the contractor fails to complete the work by the agreed completion date or the extended completion date. If the work is not completed within the specified time, due to any reasons that the contractor is not liable or any concurrent delays, the contractor get the benefit of having an extension time with associated costs. However for Contractors own delay, the contractor shall not be entitled for the entitled for any extension of time, the remedy available in the contract is to make payment to the employer as liquidated damages or penalty as mentioned in the contract. Hence it is very essential to have a non-completion clause in agreements and contracts. Liquidated damages / Penalty Liquidated damages are usually amount is fixed and genuine pre-estimate of the loss in cases of breach, easy to calculate on building or commercial projects, however not easy on infrastructure projects. Whereas penalty is also a fixed amount, the contractor needs to pay this if a breach occurs. However in UAE, the term penalty is applicable as the same is followed in civil court. Whereas, under the English Law, Liquidated damages are applicable, if the sum mentioned in the appendix to tender is penalty and not the liquidated damages, the Contractor under the English law can challenge it, however under the UAE Law Civil code, Article,.. the penalty is applicable. Most of the Countries penalties are not acceptable. Refer, for example, a few leading cases on penalties, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915] AC 79, 86-87, where the House of Lords recognized the principles on how to decide a damage clause that is actually a penalty and thereby unenforceable. â€Å" This case was cited by the High Court of Australia in Ringrow Pty Ltd v BP Australia Pty Ltd [2005] HCA 71, section 12, and by the Supreme Court of Ireland in ODonnell v Truck and Machinery Sales Limited 1998 4 IR 191. The Supreme Court of Canada has adapted a similar approach in Elsley v. J.G. Collins Ins Agencies, [1978] 2 S.C.R. 916, 946, and does not allow for any recov ­ery of an amount exceeding the actual damage† (J.Frank McKenna (2008) Critical Path. Reed Smith, p1-6). Hence this clause is essential in a contract or agreement. Defects liability- The defects are to be rectified with the period mentioned in the contract. Failure to rectify the defects within a reasonable time will enable the employer to engage a third party to do the work and deduct the amount from the contract sum. Under FIDIC 4th edition, clause 62 deals with the defects liability period. The issuance of the defects liability certificates signals the completion of the Contract and under FIDIC form, such a certificate shall be issued within 28days from the completion of Defects liability period, in both forms of FIDIC 99 as well as in 87 including the bespoke versions, the defects liability period shall not be extended beyond 2 years from the taking over certificate (E.C Corbett, FIDIC 4th Legal Guide, p391-392). Variations any variations should be authorized by the employer before the contractor is entitled for the payment. Variations are common to traditional procurement path than the Design and Build system (Ashworth, 1998). In construction due to the complexity of construction works it is almost impossible to complete a project without changes to the plans or the construction process itself however good and the complete the design details are at the start of the project. Baxendale and Schofield (1996) define variation as any change to the basis on which the original contract was signed. Construction plans are formed form of designs, drawings, quantities and specifications earmarked for a specific construction site and Variations are imminent in any construction project due to various reasons from finance, design, aesthetic, geotechnical, geological, weather conditions to feasibility of construction. Hence it is essential to have a provision to instruct and ev