Influences Of Greek And Roman Theatre

Influences Of Greek And Roman Theatre Desire Under the Elms published in1924 is one of Eugene ONeills American classic plays. This play is written in three parts with each part divided into four scenes. It is based of Greek mythology and Roman tragedy. The setting is farmhouse in New England in 1850s with characters Ephraim Cabot 76 year old father, Simeon and Peter sons of the first wife, Eben son of the second wife, Abbie Putnam 35 year old third wife, young girl, two farmers, the fiddler, a sheriff, and other folk from the neighboring farms. This play portrays many elements of day to day life ambiences passion, betrayal, love, lust, hate, infanticide, tragedy, haunting past, persuasion, and sacrifice for love. Hamlet is a revenge tragedy written in the line of Roman Seneca tragedy. Passion; eroticism; pomposity; persuasiveness; incest; betrayal: partners in sin who go on a redemption, tragic and strong love, forbidden desire, rebellion against a father figure, complex love and hate, sacrifice of a child, the haunting past, determinism of the characters and their inner struggle. The elm serves as a catalyst to sensing, feeling and even seeing that which is not always visible. Elm tree meaning includes strength of will and intuition. During the 18th and 19th centuries, elms were popular as ornamentals by virtue of their rapid growth and variety of foliage and forms. This popularity lasted until World War I when the consequences of hostilities, notably in Germany, and the outbreak of Dutch elm disease saw the elm slide into horticultural decline. Elm wood is valued for its interlocking grain, and consequent resistance to splitting, with significant uses in wheels, chairs and coffins. The wood is also resistant to decay when permanently wet, and hollowed trunks were widely used as water pipes during the medieval period in Europe. Elm trees grow inhardiness zones 2 through 6. Buy an Elm New Horizon tree from Nature Hills Nursery. Elm is thought to be the tree of old Family and family tradition. Elm is often associated with Mother and Earth Goddesses, but it wou ld be completely wrong to say that it represents a female spirit. The main aspect of Elm symbolism is strength; and in that quality it leaves behind even the most powerful trees, such as Oak, Alder or Yew. Elm strength is dark and heavy; it feeds on primary instincts rather than conscious decision. This tree is quite inert and rigid, and its power is not rash; but when Elm gets ready, its strike will completely smash an enemy. Despite such prominent warrior qualities, Elm is not always good in battle. The matter is that this tree has much too passion for classic war activity and in its anger may become totally unmanageable. It personifies a mad berserker, blinded by his rage of blood, who kills everyone on his way, even if it makes no sense. Due to this blindness Elm, though strong and active, is usually not a leader, but a follower (and a very devoted follower!). As appears from the above, Elm is not an easy tree. Nevertheless, it should not be seen as completely evil, and no other tree should either. Some of Elm spiritual qualities are very valuable. For example, rare tree can do better than Elm in defending interests of family or close group. It stands to the last, and will continues to fight even in hopeless situation. Elm loyalty is unquestionable; and it will despise everyone, who shows a sight of weakness or hesitation. Elm is good for any magic workings, which are involving strength; and it also has the ability to add stability and grounding to a spell. Elm does well in dark practices, especially in spells that can bring irreversible material damage. It is known to dull the senses and cause depression or darkness, and is often used in dealing with shadows. Keywords: strength, stability, grounding, foundation, rigid structure, darkness, pressure, blind rage, devotion, loyalty to family, dark passion, fighting to the last. In The monumental tragic consequences of the incest passion that flares between a coquettish, seductive woman and her stepson, and the romantic rhetoric both use while entrapped in their sexual ecstasy. The two infatuated lovers before, while and after they commit the sin of incest, and attempts to measure their romantic rhetoric against such incestuous lust. The two lovers incest takes place in an ominous house teeming with family tensions, intense lust, hatred, and betrayal. In Desire Under the Elms (1924), a domestic peasant tragedy set in New England, Eugene ONeill portrays the grave consequences of the tragic incestuous passion that flares between a coquettish, seductive, young woman and her stepson. Abbie Putnam, a newly widowed young woman and is now old Cabots third wife, is a wicked, lusty, and extremely beautiful woman. ONeill portrays her as a woman who has a captivating and sexy figure full of lust, Abbie is thirty-five, buxom, full of vitality with a sensual face revealing her intense lust, Her round face is pretty, but marred by its rather gross sensuality (Desire Under the Elms 335). Hartman remarks that Abbie embodies the eternal earth spirit in whom all streams of desire converge (361). Abbie is a vivacious woman who lives only on lifes physical level, and once she tries to live on the spiritual level, she destroys others and destroys herself as well. In marrying an old man, the age of her father and maybe against her will, she was plannin g to seize the farmhouse and disinherit her stepsons. It is quite ironical that both Cabot and Eben patronize the same local prostitute. Though Eben hates his father for his immorality and sensuality, he himself is immoral and corrupt. He keeps visiting a whorehouse to sleep with the same prostitute his father sleeps with. He is involved in an incestuous love affair with his stepmother and fathers a son by her, thus disgracing himself and the entire family. Eben even takes after his father in some aspects of his personality. Both are lusty, deceitful, infidel, rash, stubborn, vengeful, and arrogant. Above all they are both the victims of seething animal passions. Their conflict over the possession of both the farm and the mother, the catalyst Abbie, and the incestuous relationship between the son and his stepmother all result in a great tragedy. The stock oedipal conflict between father and son over the possession of the mother runs throughout the course of Desire Under the Elms and takes different shapes, all of which culminate in the tragic destruction of the house and its dwellers. Hartman (1961) views the incestuous love affair that unites Abbie and Eben as a tragic involvement in the mother-image (361). Hartman argues that the oedipal desire for the mother is ruinous, Desire for, and identification with, the mother can cause evil to spread (367). The influence of Greek tragedy on the content of Desire Under the Elms is clearly manifest, however such influence is charged with a mystical view of the forces at work in and through human beings (Gelb 539). In their oedipal complex- based deconstructive analysis of the play script of Desire Under the Elms Murray and Bowman (1987) argue that although the plays locale is quite American, and is spiritually and emotionally tied to the puritan society, it is deeply rooted in structures found in Greek mythology (4). Murray and Bowman maintain that Ebens desire for his stepmother does not subvert his structuring superego and therefore he becomes a victim to his unconscious oedipal complex. the play is not based solely on the Greek Hippolytus myth linking Eben with Hippolytus , Abbie with Phaedra and Cabot with Theseus, but is based on this myth along with the Freudian Oedipus complex and the Nietzschean philosophy (5). Racey classifies Desire Under the Elms as a New England domestic tragedy since the Cabot family is disintegrated in a time and place when family was supposed to be the backbone of love, solidarity and labor (5). According to Racey, The Cabots tragedy is the result of a familial structure that could not sustain their sexual and materialistic desires (5). Despite the fact that Cabot did not commit any horrible sins like those committed by his son Eben and his wife Abbie, Racey argues that Cabot is the tragic hero in the play and its main character (95). Newlyn argues that the mutual physical attraction between the son and his stepmother reflects ONeills heavy reliance on the classical myths of Oedipus and Phaedra as a raw material for his domestic farm tragedy. Cabots tragic flaw that has ultimately lead to his downfall and that of all his family members is his excessive greed for property, hypocrisy, the delusion of his faith and his lust for women. Still he remains the plays only tragic figure. Cabots New England theodicy, as Presley states, gives him a towering tragic stature and an inward reality far greater than that of any other character in the play (27). Like an Aristotelian tragic figure Cabots downfall is the result of his hubris which not only causes his destruction, but also the ruin of the lives of his sons, new wife and even his former dead wives. Cabot, as Presley notes, is materially blessed but morally dissolute, blinded by a cage of greed (25). Ephraim Cabot represents what McVeigh (1990) calls the archetype of the senex amans or ridiculous old lover figure of Roman comedy (qtd. in Saur 106). Miller (1965) states that It is Ephraims self-delusions that drive his family each to their tragic ends ONeills prolix language and describes it as a vehicle for enveloping the extravagant plots and psychological formalism that owed much to Greek drama (22), and Cohn asserts that ONeill was the first American playwright whose dialogue gave his audience a feeling of observed life rather than books read as a result of committing the horrible crimes of incest and infanticide Eben and Abbie will live forever as sexual and social outcasts. They will never be respected in the community where they live, and they will always live under the curse of the crimes they committed, for evil means and deeds always result in evil ends. It is ironical that Abbie in killing the child was thinking that she, as Ditsky puts it, was sacrificing a future generation to ensure the present sensual enjoyment with her lover (qtd. in Hays 436). To prove her genuine love for Eben and to enjoy his crimson love, Abbie murdered the child. However, she did not know that in killing the child, she would be sent to jail, and would therefore no more enjoy her present love. It is also ironical on the part of Eben when he sacrifices his own youth which he would spend in prison for Abbie mistakenly believing that in sharing the guilt with her, he would join her in prison. He failed to realize that both would be sent to different prisons and might both be hanged. Their sacrifice is hopeless and their crimes are so tragic and beyond repentance. Greek tragedy by utilizing Freudian and Jungian psychology mixing them with some elements of Greek and American mythology. love and hatred, attraction and repulsion, desire and murder, incest and faith, and softness and hardness. The two elm trees resemble evil that is haunting the Cabots homestead, and they suggest the likelihood of the coming misfortune. Evil haunts the Cabots farmhouse and tempts its dwellers to commit dreadful sins. Cabot is a sinner and though he keeps praying for God to cruse his disobedient sons, he himself is an unbeliever. The Cabots feel the presence of an evil spirit in the house, but fail to understand the mysterious nature of such a spirit. They fail to unravel the mystery that drives them to their ominous ends. Cabot can feel the curse, but does not know what it is and why it is permeating the farmhouse. Even during the merry making scene, he can feel the presence of evil dominating the entire house. Desire is part of nature which is portrayed as an abiding absolute throughout the play (Carpenter 109).The play abounds with references to nature, and the characters express their admiration of nature on several occasions. The Cabots farmhouse is towered by two elm trees that reflect the image of Ebens dead mother and the entire protective feminine spirit that hovers over and redeems the Cabot farm from its hard masculine rocks (Going 386). In this context, desire, the mother and nature are seen as one entity reflecting the three constituent elements collectively. New England was far from being stereotyped as the new Eden for the puritans, but rather it was disapprovingly depicted as a land of hypocritical faith and greed for property.

Employment with a Criminal Background Essay -- Jobs Career

Employment with a Criminal Background Seeking employment is highly competitive, and it becomes more difficult when in poverty and with a criminal past. Many factors influence this complex situation. Hiring an exconvict does pose a risk to the employer, and negative stereotypes reinforce anxiety over this risk. A common belief is that a criminal background means a person can’t be trusted and that they might re-offend, and if the applicant re-offends the employer could be charged with negligent hiring. The theory that criminals commit crime for financial reasons suggests a linking between poverty and crime. Placing offenders in employment brings stability and serves to reduce the tendency to re-offend. There are training programs in and out of prison that have been designed to help ex-cons develop job skills; however success of these programs is still debatable. There are also horror stories of what some ex-cons have done in places of employment, including harm other employees. Thus it is understandable for employers to not want to be exposed to a risk but this does not help those in poverty with criminal records. The challenges ex-cons face trying to find employment as well as the options available to them will be further explored. There can be various factors that affect how an ex-con applicant is viewed and treated. Employers may look at the seriousness of the offense. For instance, people will more likely be hired after property offenses than after violent crime and murder (Albright and Furjen ). In a study measuring employer’s attitudes towards ex-con applicants, it was found the type of offense can play a big role in being hired. â€Å"Employers in this study also indicated that the more information they recei... ...-30. Jones, Mark and Barbara Sims. â€Å"Recidivism of offenders released from prison in North Carolina: a gender comparison.† Prison Journal 77.3 (Sept 1997): 335-49. Petersilia, Joan. When Prisoners Come Home. New York: Oxford, 2003. Saxonhouse, Elena. â€Å"Equal protection: comparing former felons' challenges to disenfranchisement and employment discrimination.† Stanford Law Review 56 (May 2004): 1597-1640). Tatge, Mark. â€Å"With Unemployment Low, Employers Turn to Ex-Cons to Fill Open.† Wall Street Journal 24 April 2000. 10 May 2005 . Turner, Susan and Joan Petersilia. â€Å"Work release in Washington: effects on recidivism and corrections costs.† Prison Journal 76.2 (June 1996): 138-65. Weygandt, Scott. â€Å"Focusing on employment: NIC's career center project.† Corrections Today 65.5 (August 2003): 112-15. Employment with a Criminal Background Essay -- Jobs Career Employment with a Criminal Background Seeking employment is highly competitive, and it becomes more difficult when in poverty and with a criminal past. Many factors influence this complex situation. Hiring an exconvict does pose a risk to the employer, and negative stereotypes reinforce anxiety over this risk. A common belief is that a criminal background means a person can’t be trusted and that they might re-offend, and if the applicant re-offends the employer could be charged with negligent hiring. The theory that criminals commit crime for financial reasons suggests a linking between poverty and crime. Placing offenders in employment brings stability and serves to reduce the tendency to re-offend. There are training programs in and out of prison that have been designed to help ex-cons develop job skills; however success of these programs is still debatable. There are also horror stories of what some ex-cons have done in places of employment, including harm other employees. Thus it is understandable for employers to not want to be exposed to a risk but this does not help those in poverty with criminal records. The challenges ex-cons face trying to find employment as well as the options available to them will be further explored. There can be various factors that affect how an ex-con applicant is viewed and treated. Employers may look at the seriousness of the offense. For instance, people will more likely be hired after property offenses than after violent crime and murder (Albright and Furjen ). In a study measuring employer’s attitudes towards ex-con applicants, it was found the type of offense can play a big role in being hired. â€Å"Employers in this study also indicated that the more information they recei... ...-30. Jones, Mark and Barbara Sims. â€Å"Recidivism of offenders released from prison in North Carolina: a gender comparison.† Prison Journal 77.3 (Sept 1997): 335-49. Petersilia, Joan. When Prisoners Come Home. New York: Oxford, 2003. Saxonhouse, Elena. â€Å"Equal protection: comparing former felons' challenges to disenfranchisement and employment discrimination.† Stanford Law Review 56 (May 2004): 1597-1640). Tatge, Mark. â€Å"With Unemployment Low, Employers Turn to Ex-Cons to Fill Open.† Wall Street Journal 24 April 2000. 10 May 2005 . Turner, Susan and Joan Petersilia. â€Å"Work release in Washington: effects on recidivism and corrections costs.† Prison Journal 76.2 (June 1996): 138-65. Weygandt, Scott. â€Å"Focusing on employment: NIC's career center project.† Corrections Today 65.5 (August 2003): 112-15.

Understanding of Participant Observation

Abstract This essay discusses participant observation as a method of collecting anthropological data from the tube. This method allows researchers to gather information through observation and interviewing of individuals who are taking the tube as a means of transportation. Strengths of this method include directly observing how people interact in the tube and writing down this observation for future interpretation. This method allows observers to use their five senses to interpret data collected from the tube. Limitation of this method includes possible subjectivity of interpretation of data. Introduction This essay will discuss participant observation as a method of collecting anthropological data from commuters in the tube. The discussion part of this essay will explore the strengths and limitations of this method. Discussion Participant observation is an ethnographic method of qualitative studies that allows researchers to observe the sample population in their natural setting (Murchison, 2010). This allows researchers to observe and describe situations using the different senses of the body (Murchison, 2010). Hence, it is said that participant observation is a written photograph of what is happening in the field (DeWalt and DeWalt, 2011). Polit et al. (2013) explains that a detailed description of an event or people’s experiences allow observers to analyse situations exhaustively. In terms of my study, I chose participant observation since I felt it would help me gather relevant data on what is happening in the London Underground. While this type of observation allows for more in-depth observation of events and people’s actions (Muchison, 2010), participant observation has also some limitations. First, there is a need to immerse one’s self in the world inhabited by participant. Thi s is accomplished by taking the tube as a mode of transportation to experience what others are experiencing when taking this transportation. Part of participant observation is to interview people regarding their experiences. This might be a challenge since participants might not be willing to be interviewed while in the tube. It should be noted that there are many commuters in the tube who do not know each other. This might be a challenge when collecting data since participants might be wary of answering questions from a researcher (Hek et al., 2011). Polit et al. (2013) reiterate that participants might not act naturally since they are aware that the researcher is observing them. This presents some bias in the data since behaviour of the participants might not be reflective of their actual behaviour. Meanwhile, reflexivity in data would allow researchers to interpret data according to the perceptions of the participants. Researchers might also bring a degree of bias and subjectivity when they collect data and information from the participants (Murchison, 2010). The researcher’s own perceptions, feelings and knowledge might be used to interpret actions, conversations and expressions manifested by people riding in the tube. There is the risk that interpretation of data becomes highly subjective. However, this could be avoided if the researcher allows participants to confirm findings and inform the researcher whether interpretation of the interviews is accurate. Hek et al. (2011) emphasise that subjectivity could be prevented by objectively interpreting data. This is done through adopting a nonjudgmental attitude, being open and genuinely interested in what participants are saying (Oermann, 2010). This would lead to data that are more reliable since researchers allow participants to verify the findings. In my experience, I adopted a nonjudgmental attitude to help me empathise with what the partic ipants are saying to me. Placing myself in their situation helped me better understand what they are expressing to me during my collection of data. Parahoo (2006) states that it is important to define phenomena and experiences according to the participant’s perceptions. Reflection I felt that I am part of the community of commuters in the tube since I regularly use this as a mode of transportation. I felt that this is an advantage to me since in-depth analysis of the behaviour of the commuters involves immersing one’s self in the actual environment. Hence, my previous experiences commuting in the tube could help me understand what other people might be experiencing while commuting in the tube. I also realised that different people ride the tube and their diverse background could add to the complexity of analysing the cultural behaviour of commuters in the tube. However, I also realised that the ethnographic method would yield valuable information on the general behaviour of commuters in the tube. Finally, ethnographic method was appropriate for my research question since this helped me form an objective and detailed description of what is happening in the tube. Conclusion Participant observation is an effective tool in collecting anthropological data since this allows researchers to immerse in natural settings. This helps researchers collect more reliable data as participants are observed in actual settings. References: DeWalt, K. & Dewalt, B. (2011) Participant observation: A guide for fieldworkers. Plymouth, United Kingdom: Rowman Altamira. Hek, G., Judd, M. & Moule, P. (2011) Making Sense of Research, 4th ed., London: Sage Publications. Murchison, J. (2010) Ethnography Essentials: Designing, conducting, and presenting your research, London: John Wiley and Sons. Oermann, M.H. (2010) Writing for publication in nursing, 2nd ed. Philadelphia, Lippincott. Parahoo, K. (2006) Nursing Research: Principles, Process and Issues, 2nd ed., London: Palgrave Macmillan. Polit, D., Beck, C.T. and Hungler, B.P. (2013) Essentials of Nursing Research. Methods, Appraisal and Utilization, 8th ed. Philadelphia, Lippincott.

Forms of contract - Free Essay Example

Sample details Pages: 20 Words: 5958 Downloads: 8 Date added: 2017/06/26 Category Statistics Essay Did you like this example? 1.0 Introduction The Scenario A leading manufacturer of confectionery in the UK suffered a devastating fire at their factory in Sheffield. Their insurers have authorised an immediate commencement of the rebuilding work and have been paying a sum of approximately 1 5m. per month to the insured company as Business Continuity insurance to cover both loss of profit and to allow products to be imported from another country for packaging and sale. The factory site has been cleared using an enabling works contract and it has been decided that an experience single contractor, who is capable of undertaking this type of work would be appointed. It is now the responsibility of an experienced project manager to administer the rebuilding of the factory, which currently is thought to be in the region of 60m worth. The time scale and who the project manager will use to achieve the delivery of the new building and process equipment to enable the manufacture of confectionery to re-start, including any trials, performance tests and commissioning at the earliest possible opportunity is for him/her to decide. Don’t waste time! Our writers will create an original "Forms of contract" essay for you Create order On this account, time of completion and quality is the primary concern and cost is secondary, thus, a form of contract with a procurement route or strategy that would facilitate the construction of the rebuilding to start immediately, while all other preparations (e.g Engineering works) towards the building objective are going on, would be the appropriate or desired form of contract. Chapter 2 2.0 Forms of contract Standard form of contract for the execution of work and the appointment of consultants are basically used in the construction, Engineering and processing industries. These contracts are prepared by one body in isolation or jointly prepared by bodies representing employers, consultants and contractors. Some of the forms of contracts by these bodies are: * Joint contract Tribunal (JCT) forms of contract * Engineering Contract (NEC 3) forms of contract * Institute of Civil Engineers (ICE) forms of contract * Association of Consultant Engineers (ACE) forms of contract * Association of Consultant Architects (ACA) forms of contract * General Condition/works forms of contact 2.1 Criteria for the Selection of Forms of Contract According to the office of building and development in Australia (1996), there are a variety of forms of contract and procurement route that are available for acquiring a new or rebuilding of building, facilities or infrastructure, which are basically determined by a number of criteria, which are: * Type of client * Level of involvement required by the client * The project size and complexity * Speed Time available for construction * Risk allocation * Approach to the design solution * Cost certainty and method of financing the project * Specialist input * Capacity for variations Ability to change scope of work and * Contract Administration * Separation of design and management 2.2 Contract Types 2.2.1 Traditional Contract Traditional contracts are the type of contracts that separate the design from the construction stages with consultants leading on design and the contractor responsible for the construction execution. In this type of contracts, a consultant (an architect in most cases) acts on behalf of the client/employer as the contract administrator and most risks are passed to the contractors and sub-contractors. Traditional contracts embraced sort it out latter mentality, where time, cost and other related problems are left to the end of the project, which often leads to dispute. Overlapping of design and construction stages in the traditional contract is not encouraged and there is wide criticism that traditional contracts polarise the parties resulting in extreme inefficiencies and encouraging dispute. However, it focuses on the clients main requirements of design control, time and cost certainty. Most of the JCT, ICE and General Conditions/work contract forms adopt the traditional contract. According to Holt (2010), examples of traditional contracts include: * JCT Standard Building Contract with Quantities * JCT Intermediate contract * JCT Minor Works Contract * NEC Engineering and Construction Contract (option A and B fixed price) 2.2.2 Design and Build Contracts Design and Build contract is probably the recent form of procurement and it is available from most of the contract producing bodies (Keown 2010). In a design and build contract, the client employed consultant to prepare documents outlining his requirement in a form of a brief initial designed scheme (Employers Requirements). A single contractor is then appointed to deliver the designed scheme as required (contractors proposals) by employing his or her own design team and then carries out the execution of the work using both the employers requirements and the contractors proposals. The contractor could also engage the original consultant to complete the design through a novation agreement and term or use his own design team for the purpose, which would be verified by the clients design team. Under the design and build method, there is no independent contract administration rather the employer uses employers agent to administer the contract. Examples of Design and Build proposed by Holt (2010) are: * JCT Design and Build Contract * The NEC Engineering and Construction Contract (ECC) -Target cost contract with Activity schedule or Bill of Quantities (Main option C). 2.2.3 Non-Traditional (Management) Contracts Non-traditional contracts such as management contracts are specialist forms of contract, where a specialist e.g management contractor or project manager manages the construction activities on behalf of the client/employer. It is suitable for large, complex and fast-track projects such as high-rise buildings. Management form of contract tends to solve the problems associated with traditional contracts by a means of collaborative working and trying to unite the various project participants in order to avoid polarisation. It claims to remove traditional contract inefficiencies and increase cost and time certainty. Construction procurement by management contract requires great care and high level of sophistication by employer and contractor. According to Keown (2010), advantages of using management contract include: * It is a quick method of procuring a competitive tendered. * It facilitates a quick start of construction activities on the site. * Flexibility design activities can extend into the construction period. * It gives the opportunity for changes in the scope of work. * It avoids polarisation of parties by collaborative work. * It encourages early contractor input on the programme, buildability and content of work contract packages. * The employer/client has an opportunity to stop the project before proceeding to construction, for a set fee to the contractor. Examples of Non-traditional (management) contract proposed by Holt (2010) are: * JCT Construction Management Appointment * JCT Management Building Contract * The NEC ECC, Management Contract main option F * JCT Construction Excellence (CE) Chapter 3 3.0 Review of Different Forms of Contract The JCT, NEC3, ICE, and ACA forms of contract are intended to be reviewed for the selection of a suitable form of contract for the rebuilding of the confectionery factory. 3.1 Joint Contract Tribunal (JCT) 2005 JCT form of contract, which was formerly known as RIBA contract until 1977 was the first form of building contract agreed between architects and builders established in 1931 (Chappell, et al. 2001). The JCT now comprises professional bodies, which are: * Royal Institute of Chartered Surveyors (RICS) * Royal Institute of British Architects * Scottish Building Contract Committee * British Property Federation * Construction Federation * Local Government Association * National Specialist Contractor Council Limited The JCT forms of contract embraced the traditional procurement philosophy and are very popular in the UK. According to the survey carried out in 2004 by Royal Institute of Chartered Surveyors (RICS 2006), which was tagged RICS contracts in Use Survey 2004, approximately 78% of construction contracts were procured using JCT in the UK. As noted previously that most JCT contracts are basically traditional contract, they required well- developed design before the construction works to commence. It is a form of contract that is fairly complicated and is always criticised for polarising construction team and encouraging claims; this must always be borne in mind when considering selecting JCT forms of contract. However, it also offers collaborating working contracts like Construction Excellence (CE) that has not been tested in the market (Keown 2010). The JCT 2005, which is the current and updated form of contract, has varieties of procurement methods for small and large projects that are basically intended for building/construction work, particularly in the private/commercial sector depending on procurement criteria being considered. According to Keown (2010), most JCT forms of contract do not have any express clauses on ground condition, thus, they are often amended and include terms that exclude liability for ground conditions. So, JCT contracts are not suitable for: * Rail or road related works; * Civil or earthworks; * Mechanical or electrical plant/installations works; * Landscape or archaeological works; and * Ecological or environmental works The JCT 2005 various forms of contract use to suit the ever changing construction industry are: The Minor Works (MW) Building Contract This form of contract is very popular and suitable for small construction works, which are relatively simple in nature. It is lump-sum form of contract that based on drawings and specifications, but not re-measurement contact and requires an independent contract administrator. According to Keown (2010), it is suitable for construction work that worth 100,000 (2008 prices). The Minor Works with Contractors Design (MWD) Contract In this form of contract, which is a version of Minor works (MW), the contractor provides design, which is limited to discrete parts of the works. However, it should be noted that it is not a design and build contract. Intermediate Building Contract (IC) This form of contract is another popular form of JCT contract suitable for construction works of a simple content without complex building service installations (BrunswickIS 2007). It is a lump-sum contract based on drawing and specifications, ranging from 100,000 to 800,000 (2008 rough financial prices) (Keown 2010). It also requires independent contract administrator and a quantity surveyor. Intermediate Building Contract with Contractors Design (ICD) This form of contract is a version of the intermediate building contract, which the contractor can provide design that is limited to discrete part of the works. It should be noted that it is not a design and build contract. Standard Building Contract (SBC) The SBC is a modern and sophisticated construction contract, which is suitable for larger projects that value 500,000 upwards (2008 prices) given by Keown (2010). The SBC requires considerable experience to operate and understand it effectively and an independent contract administrator and quantity surveyor are needed. It is unsuitable for projects with substantial substructure work, excavation and earthworks. SBC comes in three formats: * Standard Building Contract with Quantities (SBC/Q) * Standard Building Contract with Approximate Quantities (SBC/AQ) * Standard Building Contract without Quantities (SBC/XQ) The SBC/Q and SBCXQ are lump-sum contracts based on drawings and specification, if there is a bill of quantities, then these rates and prices are for valuing variations. While the SBC/AQ is a re-measurement contract. All these forms of SBC made provision for the contractor to provide design known as contractors Design Portion, which is limited to discrete parts of the works such as the piling, mechanical and engineering works. However, it should be noted that it is not a Design and Build Contract. Design and Build Contract (DB) JCT design and build is a sophisticated contract requiring considerable experience to be used effectively. The employer/client provides the initial design that sets out his requirement in the contract document (Employers Requirement) and the contractor completes the design (contractors Proposals) and commences the construction work. It is a lump-sum contract that requires adequate time and great care to draft the employers requirements as it does not encourage change of scope or variation without incurring an additional cost. Design and build contract does not require an independent contract administrator, rather the employer/client uses an Employers Agent to administer the contract. Major Project Construction Contract (MP) JCT MP Contract is suitable for large projects, which both the client and contractor are sophisticated and experienced construction parties working on large projects that value around 10m upward (2008 prices) (Keown 2010). It is similar to Design and Build, where the client provides initial design and the contractor completes the design and commences the execution work. Thus, adequate time and great care are required in drafting the employers requirement as there is little scope for change later.. Prime Cost Building Contract The JCT prime cost building contract is a cost reimbursement form in which the contractor is paid by a fixed fee or a percentage fee in addition to the incurred cost. According to Keown (2010), this form of contract is used where the scope of work could not be defined such as refurbishment work or where the works have to start immediately such as emergency work after fire damaged. In this form of contract, cost of the project cannot be ascertained until the completion, and it could be used alternatively to the NEC 3 ECC Main Options E, which is also a cost reimbursement contract.. JCT Management Contracts (MC) The JCT has two forms of management contracts, which are Construction management form and Management contract form. Both forms require great care and a high level sophistication and experience by the employer and the contractor. They are not popular in the UK but sometimes used on large, complex and fast track projects. Construction Management: In this form, the contractor acts on behalf of the client as only a construction manager to manage the construction work by supervising the trade subcontractors employed by the client. Management Contract: In this form, the main contractor acts as construction manager for the works and employs the subcontractor. The main contractor does not carry out any construction works but manages the work carry out by his subcontractor for a fee plus the prime cost. The JCT Construction Excellence (CE) This form of contract is radically different from all other JCT forms of contract because it is a partnering/collaborative contract newly introduced in 2007 to enter the collaborative contract market that is dominated by the NEC and PPC2000 forms. In JCT CE form, the parties are referred to as suppliers and purchasers and it took the form of traditional two party contract used for procurement of construction works and construction services. The contract terms and condition are short and straightforward, and can be priced either by lump sum or by target cost having a guaranteed Maximum cost facility. What is unusual about this form is that the risk associated with the project is identified and then allocated the risks between themselves, particularly respect to time and cost. According to Keown (2010), As of 2009, the JCT CE contract appears to be rarely used, thus, it has not been tested in the market. In my opinion, JCT forms of contract are not the best option for the rebuilding of the confectionery factory because: * JCT forms of contract are basically intended for building/construction work, thus, will therefore, be inadequate in addressing the engineering aspect of the factory. * It required well- developed design before the construction works to commence, thus, unsuitable for work that would commence immediately. It is always criticised for polarising construction team and encouraging claims, thus, may not encourage a good relationships among parties involved, which is required for the success of the project. So, JCT forms of contract will not be considered for the rebuilding of the confectionery factory. 3.2 NEW ENGINEERING CONTRACTS (NEC 3) FORMS OF CONTRACT The New Engineering Contracts (NEC 3) is a family of NEC standard contract launched in 1991 that was revised in 2005 to replace NEC 2 suite that promotes a partnering culture, and has been cited has the preferred form of contract in Constructing the team, a report by Sir Michael Latham (Knowles 2001). The New Engineering Contract (NEC 3) suite adopts a different approach to the procurement and execution of construction engineering through a proactive means to construction problems as the work progress. It is a Non- traditional form of contract that embraces early collaboration of all parties involved to avoid polarisation that is claimed to be caused by traditional form, and also, intended to create an equitable balance of risk between the parties to the contract. NEC 3 is applicable to a wide variety of major and minor construction works, which include: Building and Civil engineering works; Mechanical and electrical plant/installations works; * Process engineering; and * Offshore fabrication. Some of the ways by which NEC 3 stage proactive features include: * Early collaboration and involvement of all parties, which include the client, project manager, contractor, subcontractor, etc. * The contractor proposes how to solve arising problems. * It embraces parallel activities between the design and construction activities. * It gives no chance for storing up of claims until after the work is accomplished. * It is better suited for a project that must be completed quickly, even if that faster completion makes the project more expensive i.e. timely procedure/response and programmes are primary and cost is secondary. The pro-active approach that embraces collaboration of all parties and more man-hours administration is emphasised in the first core clause of the NEC 3, which states that The Employer, the contractor, the project manager and the supervisor shall act as stated in this contract in the spirit of mutual trust and co-operation (core clause 10). The NEC 3 forms of contract that are currently in use are: * NEC 3 Engineering and Construction Contract (ECC) * NEC 3 Engineering and Construction Subcontract (ECS) * NEC 3 Engineering and Construction Short Contract (ECSC) * NEC 3 Engineering and Construction Short Subcontract (ECSS) * NEC 3 Tern Service Contract (TSC) * NEC 3 Framework Contract NEC3 Professional Services Contract NEC3 Adjudicators Contract. NEC 3 Engineering and Construction Contract (ECC) NEC 3 ECC is the most widely used NEC 3 contract for appointing the main contractor for building, civil and all other engineering works including any level of design responsibilities i.e. it allows the contractor to provide design (Clause 21). However, it should be noted that NEC 3 has no specific design and build contract. The ECC has six (6) main options and twenty-two (22) secondary options to choose from. The main options are: Main Option A: * Contract type priced contract with Activity schedule. * Pricing Mechanism Lump sum * Risk Allocation Contractor * Suitability suitable for contract that the client wants maximum cost certainty but the need for a complete design is important. Main Option B: * Contract type Priced contract with BoQ * Pricing Mechanism Re-measurement * Risk Allocation Contractor * Suitability suitable for contract where there are grounds works and there is uncertainty on the final quantities of the work. Main Option C: * Contract type Target contract with Activity Schedule * Pricing Mechanism Cost re-imbursement with pain-gain mechanism * Risk Allocation Shared between the client and the contractor Suitability suitable for contract where there is a need for an early start on site or the design is incomplete or inadequate. Main Option D: * Contract type Target contract with BoQ * Pricing Mechanism Cost re-imbursement with pain-gain mechanism * Risk Allocation Shared between the client and the contractor Suitability suitable for contract where there is a need for an early start on site or the design is incomplete or inadequate. Main Option E: * Contract type Cost Re-imbursement Contract * Pricing Mechanism Cost re-imbursement * Risk Allocation Client Suitability suitable for contract where it is difficult or impossible to define the scope of work (e.g. refurbishment work) or where the construction works have to start immediately (e.g. emergency work after fire damaged). Main Option F: * Contract type Management Contract * Pricing Mechanism Cost re-imbursement * Risk Allocation Client * Suitability suitable for contract where both the client and contractor have experience in construction work that has to start immediately. NEC 3 Engineering and Construction Subcontract (ECS) The NEC 3 ECS contract is similar to ECC but used to appoint a subcontractor after the main contractor has been appointed through the ECC. NEC 3 Engineering and Construction Short Contract (ECSC) The NEC 3 ECSC contract is used for small and medium sized simple and well-defined projects that worth up to 500,000 (2008 price), where the sophisticated systems of the ECC are nor appropriate. It does not have main options, but can be a lump sum or re-measurement contract. NEC 3 Engineering and Construction Short Subcontract (ECSS) The NEC 3 ECSS contract is similar to the NEC 3 ECSC contract, but used to appoint subcontractors after the main contractor has been appointed under NEC 3 ECSC. NEC 3 Tern Service Contract (TSC) The NEC 3 TSC is similar to the ECC and is used for projects where regular work is required from a contractor over a period of time such as the appointment of suppliers to manage and provide a service. A plan or scheduled of work to be carried out is agreed upon by the client and contractor, and then payment is made using any of the options A, C or E. NEC 3 Framework Contract (FC) The NEC 3 FC is a simple contract which is meant to be used in conjunction with other NEC 3 forms that will provide the contracts for call off contracts. It is used to appoint suppliers to carry out construction work or to provide design or advisory services on an as-instructed basis. According to Keown (2010), the JCT framework contract is probably a better choice now. In my opinion, NEC 3 ECC with option E form of Contract is the best for the rebuilding of the confectionery factory base on the reasons given in the concluding part. 3.3 Institute of Civil Engineers (ICE) Forms of Contract The ICE standard form of contract first edition was established in 1945 for mainly civil engineering and sometimes on building work that involved a large amount of earthwork. It is considered to be a traditional contract that requires a well-developed designed before the construction work can commence and contract administration under this form of contract is similar to that of the JCT. Experienced practitioners sometimes claimed that the ICE form of contract is complicated and not easy to understand, and are also frequently criticised for polarising construction team and encouraging claim just like the JCT form. According to Keown (2010), ICE contracts have different version, which include: * Measurement Version Contract: it could be re-measurement or lump sum contract suitable for large civil engineering work that worth 300,000 (2008 rough prices). Minor Work Contract: it is a shortened form of the measured version suitable for simple works with 6 months duration and up to 300,000 worth (2008 rough prices). Design and Construct Contract: it is similar to the measurement version, but the employer provides the initial design (Employers Requirement), which would be completed by the contractor (Contractors Submission) and then carries out the construction work. Term Version Contract: it is used where there is variety of construction works or works at different locations to be executed over a period of time. It also accommodates emergency call out type work. Archaeological Investigation Contract: it is a simple contract for archaeological investigation. Ground Investigation Contract: it is similar to measured version and suitable where the employer intends to develop a site and required specialist contractor to perform substantial on-site investigation. Target Cost Contract: it is essential for a cost re-imbursement contract. However, a target cost mechanism option is provided to give the contractor incentives to control cost. In my opinion, the ICE form of contract is not the best option for the confectionery factory because: * It is mainly suitable for civil engineering works and building work that involves substantial earthwork, thus, may not be adequate for other engineering works like plant installation that is required. * It requires a well-developed design before construction work could start, thus, unsuitable for this confectionery factory rebuilding situation which the work has to start immediately. * It tends to polarise the construction team and encourages claim, which may be a threat to the progress of the work. 3.4 Association of Consultant Architects (ACA) Forms of Contract The ACA forms of contract is a non traditional collaborative contracts introduced in 1982. It is the only multi party standard form construction contract in the UK, where parties including the client, key consultants, main contractor and specialist subcontractors sign up the same contract i.e. all the parties are in a contract with each other, owe each other a duty of care and can sue each other for breach of contract and duty of care (Keown 2010). There is no suggested limit on cost or type of contract which this form is best suitable for because of its flexible accommodation of alternative clauses (Clamp, Cox and Lupton 2007). The ACA has different forms, which are: Project Partnering Contract (PPC 2000): it is a sophisticated and complicated partnering contract, which requires great care in setting up and running, particularly when preparing the project partnering Agreement. Specialist Partner Contract (SPC 2000): it embraces the PPC 2000 procedures and philosophy, but focuses on sub-contracting and relationship between main contractor, main sub-contractors and specialist. Term Partnering Contract (TPC 2005): it is suitable for works and services that extend over a period of time or where there is periodic/planned maintenance and can also accommodate to call out work. * Extend the multi-party contract philosophy to Project Partnering Contract (PPC). In my opinion, the ACA forms of contract are unsuitable for the rebuilding of the confectionery factory because it does not give options for which someone can choose from. Conclusion In my opinion, NEC 3 ECC form of contract with Main Option E and probably Secondary Options 5, 6, 7, 12 and 14 would be the best form of the contract options for the rebuilding of the confectionery factory because: * It is suitable for engineering and/or construction work, which includes civil engineering, building, mechanical and electrical plant/installations work, process engineering and all allied industries that are adequate for the rebuilding of confectionery factory. * It does not require well- developed design before the construction works to commence i.e. it encourages a parallel operation between the design and construction activities, thus, suitable for work that would commence immediately as applied to the confectionery factory. * It embodies an efficient management process and stimulates good management of the relationship among all the parties involved, thus, avoid polarisation of parties involved. * Its collaborative working across the entire chain optimises the project success. * It uses clear and simple language, which is straightforward and easily understood. The NEC 3 ECC forms of contract with option E: cost reimbursement contract among other options of NEC 3 ECC would be considered for the rebuilding of the confectionery factory pursuant to the information given from the project proposal that it has been agreed that a single contractor would be employed to carry out the construction work and time cannot be spared for a well-developed design, since the construction work has to start immediately. 4.1 Confectionery Factory Rebuilding Project Parties and Organogram For the rebuilding of the confectionery factory, the identified parties that are likely to be involved in this project are: 1. Client/Employer 2. Project Manger 3. Architect 4. Structural Engineer 5. Civil Engineer 6. Mechanical Engineer 7. Electrical Engineer 8. Technology Specialist 9. Quantity Surveyor 10. Quality Assurance Officer 11. Cost Manager 12. CDM Regulator 13. Facilities Manager 14. Planning supervisors 15. Lawyer 16. Main Contractor 17. Building works Subcontractor 18. Mechanical Electrical Services Subcontractor 19. Plant Installation Specialist Subcontractor 20. Suppliers A detail organogram that shows these parties and their contractual relationship is attached below. 4.2 Contractual Relationships and Agreement For the NEC 3 ECC, option E: cost reimbursement contract chosen for this project, with a project manager leading and plan for a single contractor to execute the project, the contractual relationship will exist between: Client/Employer and Project Manager Client/Employer and each of his Professional Consultants Client/Employer and Contractor Contractor and each subcontractor including the suppliers 4.2.1 Contractual Relationship between the Client/Employer and the Project Manager Direct contractual relationship is suggested between the client and the project manager for this project. According to NEC 3 (2005), some of the contractual obligations between the client and the project Manager include: Client/Employer to Project Manager * If he wishes to terminate the project managers or contractors obligation in executing the work, he needs to notify and give reasons to the project manager (clause 90.1). * He must comply with the terms and conditions of the insurance policies (clause 85.3). * Pay the project manager an agreed sum for the services rendered. * Indemnifies the Project manager against claims, proceedings, compensation and costs due to an event which is at his risk (clause 83.1). Project Manager to Client/Employer * If the reasons given by the employer for the termination of the obligation are in compliance with the conditions of termination stated in the contract, he must Issue a termination certificate to the employer (clause 90.1). * Provides services (plan, supervise and co-ordinate and control the construction activities on behalf of the client) and other things as stated in the work information (clause 25.2). * He replies to the client communication on request (clause 13.3). * Indemnifies the client against claims, proceedings, compensation and costs due to an event which is at his risk (clause 83.1). * He assesses the cost incurred by the employer in repeating test or inspection after a defect is found in order for the contractor to pay (clause 40.6). * He certifies the date that the employer will take over any part of the work (clause 35.3). * Co-operate with all other project participants in obtaining and providing information, which they needed for the project to be successful (clause 25.1). 4.2.2 Contractual Relationship between the Client/Employer and each of his Professional Consultants. Direct contractual relationship is suggested between the client and each of his professional consultants for this project. According to NEC 3 (2005), some of the contractual obligations between the client and the project Manager include: Client/Employer to Consultants * If he wishes to terminate the consultant obligation in executing his duty, he needs to notify and give reasons to the consultant. * Pays the consultant an agreed sum for the services rendered. * Indemnifies the consultant against claims, proceedings, compensation and costs due to an event which is at his risk. * The client is obliged to comply with the terms and conditions of the insurance policies (clause 85.3). Consultants to Client/Employer * If he wishes to terminate his obligation to provide his works, he needs to notify and give reasons to the employer. * Indemnifies the client against claims, proceedings, compensation and costs due to an event which is at his risk. * Provides services (design, supervise e.t.c.) and other things as stated in the work information. * Replies the client communication on request. * Co-operate with all other project participants in obtaining and providing information, which they needed for the project to be successful. 4.2.3 Contractual Relationship between the Client/Employer and the Main Contractor Collateral Agreement is suggested or advisable between the client and the main contractor to safeguard his interests in respect to any matter that may arise within or outside the project contract. NEC 3 (2005) gives the contractual obligation between these parties, which include: Client/Employer to Contractor * Gives the contractor access to use any part of the construction site needed to carry out his work as stipulated in the contract (clause 33.1). * If he wishes to terminate the contractors obligation in executing the work, he needs to notify and give reasons to the contractor (clause 90.1). * Must comply with the terms and conditions of the insurance policies (clause 85.3). * Indemnifies the contractor against claims, proceedings, compensation and costs due to an event which is at his risk (clause 83.1). * Pays the contractor for the amount due to him within a specified period agreed upon (mostly one week) after an assessment date (clause 51.1). Contractor to Client/Employer * Indemnifies the employer against claims, proceedings, compensation and costs due to an event which is at his risk (clause 83.1). * If he wishes to terminate his obligation to provide the works, he needs to notify and give reasons to the employer (90.1). * Submit a programme of works for approval to the project manager if it is not identified in the contract data (clause 31.1). * Provides the works in accordance with the works information (clause 25.2). * Provides materials, facilities and samples for tests and inspections as stated in the work information (40.2). * Starts work on the site on the first access date and complete it on or before the completion date (clause30.1). * Complies with the health and safety requirements stated in the works information (clause 27.3). * Appoints subcontractors on proposed condition of contractors when the project manager has accepted the condition of contract (clause 26.3). * Be responsible for providing works that he subcontracted (clause 26.1). * Obey instructions issued by the project manager and the supervisors in accordance with contract (clause 27.3). * Co-operate with all other project participants in obtaining and providing information, which they needed for the project to be successful (clause 25.1). 4.2.4 Contractual Relationship between the Main Contractor and each Subcontractors Direct contractual relationship is suggested between the main contractor and each of his specialist subcontractors for this project. Some of the contractual obligations between the main contractor and the project Manager include: Main Contractor to Subcontractors * Indemnifies the subcontractor against claims, proceedings, compensation and costs due to an event which is at his risk. * If he wishes to terminate the subcontractors obligation in executing the work, he needs to notify and give reasons to the subcontractor. * Pays the subcontractor for the amount due to him within a specified period agreed upon after an assessment date. * Co-operate with the subcontractor in obtaining and providing information and drawings, which they needed for the project to be successful. Subcontractors to Main Contractor * If he wishes to terminate his obligation to provide the works, he needs to notify and give reasons to the main contractor. * Indemnifies the contractor against claims, proceedings, compensation and costs due to an event which is at his risk. * Provides the works in accordance with the works information. * Submit a programme of works for approval to the main contractor. * Starts work on the site on the first access date and complete it on or before the completion date specified. * Complies with the health and safety requirements stated in the works information. * Obey instructions issued by the main contractor in accordance with contract. * Co-operate with all other project participants in obtaining and providing information, which they need for the project to be successful. Reference ASSOCIATION OF CONSULTANT ARCHITECTS. (2003). ACA Form of Building Agreement 1982 (Third edition 1998, 2003 Revision). [online]. 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