Contractual Procedures Essay Example | Topics and Well Written Essays - 1500 words

Contractual Procedures - Essay Example To begin with the definition, Lord Diplock in the case of Modern Engineering Ltd v. Gilbert-Ash [1974] AC 689 717B (Chris Turner 2002) defines a construction contract as the whole agreement for sale of goods and work for a prize payable in cash or installment as goods get delivered and work done. This implies that the implementation of a construction contract takes place in a continual process, also, Section 104(1) of the HGCRA 96 defines a construction contract as including all construction operations, arrangements for construction operations by others under a made subcontract and provision of own labour or that of others for the purposes of doing construction operations. Standard forms get used for making construction contracts. Traditional contracts occur on the employer entering into a contract with an architect or engineer to make the design. The contracted architect or engineer supervises the construction of the design while acting as the agent of the employer. Thereafter, the employer enters into another contract with the contactor to build the design. Then the contractor employs subcontractors and suppliers to supply goods and services. (New engineering Contracts (NEC).The relationship between the parties brings in the doctrine of privity of contracts (Chris Turner 2002). Privity of contracts provides that the contract does not bind third parties. The diagram below illustrates the whole scenario and the relations between the parties. The diagram above shows that the employer makes two independent contracts, one with the architect and another with the contractor. Then the contractor makes a contractor with the suppliers while the architect has an implied contract with the contractor and suppliers, to supervise them. The supplier remains a third party to the employer and so not answerable to him. Both the contractor and supplier remains a third party to the contractor. The situation

Dissertation Topic Proposal Essay Example | Topics and Well Written Essays - 1750 words

Dissertation Topic Proposal - Essay Example t to research because it defines not only the need for working with leaders but it also gives an opportunity to organizations to understand the coaching relationship. According to Ennis, Goodman, Hodgetts, et.a. (2005), coaching is a process and central to this process is the ability of the coach to help a leader develop to their full potential in an organization. Many organizations find that exemplary leadership must be retained in their reengineering or restructuring efforts and often the way to retain them is through fostering executive coaching. Executives bring about change, and this researcher will look at change management and how it can be implemented within a health care organization using executive coaching. Coaching executives are needed by large and small organizations to evaluate the behaviors of their employees, their attitudes at work, their level of enthusiasm and motivation and the factors that influence them to have a positive outlook towards their job According to Giglio, L & Diamante, T & Urban, J.M (1998) organizations are willing to provide a coach for senior level managers when it is perceived that the executive is in trouble, is going to be in trouble, or when the executive has isolated himself/herself from the senior level team. The time for executive coaching seems to be best done before the individual is in trouble because change usually generates from the decision making level of an organization. The change agent can be defined as a manager who is there to reconfigure an organization’s roles, responsibilities, structures and the output Saka,A(2002). Executive coaching is important to the restructuring or re-engineering of a healthcare organization in order for its leaders to move forward. In moving forward, a leader becomes a change agent who helps motivate employees, help them accept change on an ongoing basis and helps to empower the employees. The purpose of this research is the identification of the role of executive coaching