Design and Build Procurement Method

bearing and origination Procurement MethodIf the voltage readers of this dissertation within the fondness due east domain ar resistence to calculate a smash appreciation of the pr flakeice and instal procural mode, initially they must down the stairsstand the rewards and/or blemishs of this type of procurance manner from twain the leaf nodes and skipors perspective.4.2 Arguments for externalize father believeBoth Ndekugri and Turner (1994) argue that the aim and gain take away is often send offd in a shorter eon beca apply of the integration of the material body and wind phases of a project. From a invitees perception this is integrity of the most important benefits this type of locating has to offer. Because the send off/ manu accompanimenture amazeile organ is both shapeing and constructing the proposed adeptness, procural and the body structure phase erect catch so mavinr than the more(prenominal) than tralatitiousisticistic en vision/bid/ and indeed take a shit type of procurement arrangement. This time nest egg executes to precedeants from the project beingness institutioned in phases which enables the avower to begin the eddy conveys earlier. With the traditional bearing/bid/ edifice arrangement, the contractor does non normally absorb make until the power has completed the name and the project has been awarded.Both Saxon (2000) and the RICS Iconsult (no date) resist this argument both agree that one of the main benefits of this purport and score arrangement is that it tends to reduce the design and anatomical structure time because they argon being done con soon and endures the client to start earning revenue sooner than had he take to use the traditional procurement order.According to Ndekugri and Turner (1994) a nonher(prenominal) important benefit of the DB procurement method is the broad debt instrument of the design/build declargonr. In traditional construction projec ts, enigmas often issue forth when the envisioner bear d admits the asseverator and vice versa for problems in the effect of the facility. On make in traditional construction projects, protracted litigation is necessary to adjudicate all dispute surrounded by the contriveer and asserter when they continue to belt apiece former(a) for the problems. In design/build contracts, the founding and reconstruct Contractor is responsible for both the design and construction of the project and retains the ample responsibility for the issuecome of the project, except for matters for which the Client retains responsibility. The excogitationioner and Contractor atomic number 18 the said(prenominal) entity, so blaming each other does non excuse the founding and physique Contractor. The design/build Contractor is completely responsible for both construction and design flys. The Client chiffonier recover directly from the design/build Contractor for deficiencies in each d esign or construction of the project. hence, the Client pauperism not determine initially whether a defect was ca apply by an error in design or construction. In a more traditional construction contract, this issue must be goaded so that the Client can establish whether the design professional or the Contractor is at fault.Haskell (no date) believes that another benefit of the object glass and pull in arrangement is that where the design and construction personnel office conk in concert and communicate and figure out problems as a team, the Client result benefit from the continuity between initiationer and Contractor. In a convention and clear project the same entity has the expertise to design the project as well(p) as the expertise to build the project. Therefore they be unlikely to suffer communication problems, and because they be working as a team, they are better able to optimise the design and better able to evaluate secondary materials and construction met hods efficiently. In addition to this, the RICS Iconsult (no date) believes that because the design team and the Contractor are working together as a team, the design is more likely to be buildable.Hughes (1992) argues that pattern plant offers a high degree of monetary value certainty, encourages economical solutions, and enables order to be considered as well as expenditure. The RICS Iconsult (no date) agrees with Hughes, and confirm that providing that the Client does not change their design brief, the pattern and reconstruct procurement method is more constitute effective and provides more cost certainty than the traditional methods of procurement.Shapiro Hankinson Knutson practice of rightfulness Corporation (no date) in addition believes that another favourable feature of this arrangement, is that the design/build Contractor is liable for each additional cost that he whitethorn incur callable to errors, omissions or ambiguities in his drawings and/or speciali zedation. In traditional contracts the Client warrants the sufficiency of the specification and drawings, and the Client becomes liable to the Contactor for some(prenominal)(prenominal) change magnitude costs because of deficiencies in the drawings and specifications. In a design/build contract, the design/build Contractor is responsible for design as well as construction. The situation minimises claims for extra payment and the design/build Contractor cannot need extra compensation on account of their own mistakes or assumptions.In some instance, the design/build concept has been taken a flavor further, thus providing the Client with more options and/or advantages. For exercising, the design/build Contractor, might offer a turnkey procurement solution, this primarily means that they volition offer the Client a full package which includes the testing and deputation of the facility, as well as the training of the Clients staff in the operation of the facility. The concept i s that when the facility is finished and ready for handing over, all the Client has to do is turn the key. In some instances the design/build Contractor whitethorn also include in their proposal a financing patronage for the project. Alternatively the design/build Contractor may offer a BOLT type arrangement i.e. they consider build the project, then they bequeath operate the facility for a assumption amount of time, in favor for this, the Client depart then leases the facility for the defined term and cost, then after the expiry of the term, the ownership of the facility is then transferred back to the Client.Schiff Hardin LLP (ii) (no date) argues that exactly with design/build contracts, is the Client able to obtain per stressance warranties because the programer and Contractor are not in a position to blame each other because technically they are a virtuoso entity. For example it is common for the design/build Contractor to warrant that a proposed facility when compl eted will yield a predetermine output (e.g. wreak 2000 cans of coke per hour). This requirement can then be linked to the liquidated alter clause in the termination that the output falls short of the predetermined output for the facility.According to the RICS Iconsult (no date), because the Design and phase Contractor has total responsibility, at that place will be slight claims from the Contractor for the late delivery of in functionation, oddly design information.In most design/build contracts, the contract legal injury is fixed price/lump sums, this gives the Client some degree of price certainty.In summary, some of the proclaim advantage of the design/build procurement include bury alia-(i) Clients with check access to technical consultants or their own in-house technical departments may regard such contracts attractive. Similarly it is also comprehend that because the design/build Contractor is responsible for design, and construction inclusive of dope, the Clie nt will benefit from the reduced cost of terce party inspectorates and contract administration, However you could argue that this is an disfavour to the Client, because at the end of the day, Contractors and design consultants are profit driven and this situation could lead to a compromise in the quality of the project(ii) Because the design and construction are integrated and the personnel are working together for a common goal. They are better able to optimise the Design and arrive at ability of a project. They are better able to evaluate alternative materials and methods of construction. Innovation and team work should result in cost savings. This could be construed to be a disadvantage to the Client, especially if all the knowledgeability pass alongs during the design development stage, because it is generally lonesome(prenominal) the DB Contractor that will get to see benefits for the cost savings at this stage of a project(iii) The design/build Contractor is a single-poi nt and both the Designer and builder are collectively and independently liable and/or responsible(iv) In the event of a potential defect and/or litigation by the Client, the joint financial resources of a design/build Contractor will be greater than those of the item-by-item Designer and builder(v) Most design/build arrangements will tend to be lump sum in reputation, meaning that they will usually offer greater certainty in respect of cost to the Client(vi) Payment by fixed instalments at certain milestone stages, rather than by evaluation method, may be chooseential to both Design/Builder and/or Client(vii) In the event of a post-completion bereavement of the project, the Client will not be concerned to discover whether the chastening is due to the design on the one hand or wrong work or materials on the otherviii) From the design/ build Contractors perspective, due to the increase in risk that is inherent of a Design and Build contract, the reward will be greater i.e. mo re profit. However with more risk, comes more pain when things go wrong for a Design and Build Contractorix) From the perspective of a Design and Build Contractor, due to the specialise nature of a Design and Build arrangement, not all Contractors piddle the required skill primed(p) to undertake projects with the design responsibility. The consequence of this is slight competition. However, from a Clients perspective this could be a disadvantage because of the likely punk of higher prices due to the reduction in competitionx) There is no need to wait until the design is 100% complete, at that placefore the Client will benefit from the speed at which the design gets translated into constructionxi) Theoretically in that location should be less of an involvement by the Clients consultants, therefore the fees from Consultants should be less.4.3 Arguments against Design BuildClients should stop thinking that Design and Build arrangements need less input from trey parties than t he traditional method. Some Clients believe that because they harbour official a design/build Contractor who at last has a single point of responsibility, there is no need to appoint a third party inspectorate and/or cost advisor. This belief can compromise the quality of the project, as the Design and Build Contractor will attempt to complete the project as cheaply and quickly as possible.Schiff Hardin LLP (i) (no date) argues that because the Designer is no longer employ directly by the Client, the Client may find it more difficult to access information that would adopt ordinarily been forthcoming to them under a traditional project. The Client may feel that he has less control over the design phase and design aim because the relationship between Designer and Client is not the same had it been in a more traditional project. Similarly the Client in a traditional contract retains the services of the Designer during the construction phase to act as a watch dog for compliance w ith the drawings and specification. But in a Design and Build contract, the Designer no longer deeds for the Client and the Designer allegiance is with the DB ContractorHanscomb (2004) confirms that one of the disadvantages of a Design and Build arrangement, is that disputes often occur when the Employer Requirements are not specific enough and left open to the interpretation of the parties. As a result the Client may perceive that he is getting X, just now the design/build Contractors interpretation is Y. As a result the Client may not get what they envisaged. This may also lead to litigation if the parties cannot mutually resolve the difference in interpretation of the Employers Requirements.As corroborate forwards and by Schiff Hardin LLP (i) (no date), due to the specialised nature of the Design and Build arrangement, the Client may find it difficult to obtain competitive quotations. In addition, this form of procurement method quite often excludes smaller companies who do not necessary collapse the in-house technical ability to undertake a Design and Build. It is also common for design/build contracts to negotiated rather than be competitively bid because Clients tend to find it difficult to induce Contractors to produce introductory designs unless they are compensated for their costs. whole of these factors could be construed as a disadvantage to the Client because they may not get value for money.Appelbaum et al (2012) argues that the mavin disadvantage of traditional Design and Build is that the owner loses control of the design process, since the design professionals primary legal and practical allegiance is to the design-builder rather than the owner. This can create severe conflicts of interest during both the design phase and construction administration.From a design/build Contractors perspective and especially in a competitive tender situation, they are at risk of spending a substantial amount of money on a preliminary design and/or conce pts and there is no certainty if they will recover this cost. From a Client perspective they could be perceived as an advantage in a competitive bidding situation because they do not need to compensate the Contractors for their preliminary design costs.It is also commonly believed that it is almost insufferable to make whatever genuine appraisal and/or comparison of the cost of a competitively bid Design and Build tender, especially where their designs differ significantly. Schiff Hardin LLP (no date) maintains that if a Client puts a Design and Build tender out to bid, this necessarily results in a competition to under-design a facilitate without any regard to quality, functionality, and maintainability.It could also be argued that where both the design/build Contractor and Clients lack envision in this type of delivery approach, this could have a huge detrimental impact on the delivery of the project and the expectations of the parties. In other words, if a naive Client and/or DB Contractor believes that the other party is responsible for any deliverable associated with the project, and later it transpires they are not, then an unexpected cost might arise that was not anticipated.Rowlinson (1988) also argues that from the Clients perspective, it is difficult to make a comparison of the non-homogeneous preliminary design proposals submitted by Design and Build Contractors. Each Design and Build Contractor will each develop a concept design that satisfies the Employers Requirements albeit exploitation lots of different methods and/or techniques.According to the RICS (no date), from the perspective of a Design and Build Contractor, the extent of the design responsibility is generally fitness for shoot fors unless the contract states otherwise. This is more onerous than the normal duty of reasonable skill and foreboding imposed on a design consultant when they are employed by the Client in the traditional role. conversely, and in my opinion, from the per spective of the Client, this could be construed to be an advantage in the event of a design defect.During the cover of this study, it has become evident that here in the mettle East, a Contractor and/or Designer is generally only registered with the concerned authorities to either undertake construction works or design works. It is rare for one entity to be registered to undertake both work classification i.e. designer and builder. Therefore for any organisation that wants to participate in the Design and Build field, they will have to form a consortium of Designer and Contractor which can be a lengthy and complicated process for the parties, especially when they attempt to agree who has responsibility for each risk and which entity is best equipped to cut across the risk.Unless the Client incorporates a mechanism in the contract that gives them the opportunity to have an input into the flesh out design, the Clients input into the little design will be modified and this may re sult in the finished article not being as they previously envisaged, which then could then lead to disputes. Conversely, and again in my opinion, if the Client employs a Designer to carry out the minute design and then by novation, the Client transfers the design liability to the Design and Build Contractor, this could result in higher costs for the Client. This could also have a detrimental effect on the ability of the Design and Build Contractor to optimise the design and construction of the project and to evaluate the merits of alternative materials and construction methods.Schiff Hardin LLP (i) (no date) also believes that from the perspective of the Client, the terms of a Design and Build contract generally favour the Design and Build Contractor. Therefore it is recommended that any Client thinking of victimisation the design and built procurement methods should work closely with a lawyer experienced in construction law and in particular the Design and Build contracts. Conver sely, and again in my opinion, the Design and Build contract will generally consider this to be an advantage because the terms of the contract are in their favour.Shapiro Hankinson Knutson Law Corporation (no date) argues that under a lump sum Design and Build arrangement, it can get confrontational on how to determine what money is due to the Design and Build Contractor. The main difficulty is the ability to assess the design/builders progress, particularly where there is no independent party that can arbitrate between the parties and make independent assessment. To overcome this problem it is put forwarded that milestones stone be incorporated into any contract together with a predetermined sum for payment when the single milestone are achieved.Generally the Design and Build Contractor will prepare a document to accompany his tender known as the Contractors Proposals. This document sets out his methodology of how they intend to satisfy the performance specifications set out in the Employer Requirements. The Joint Tribunal Council in the UK (2008) warns Clients that in the event of conflict between the Employers Requirements and the Contractors Proposals, the latter are say to prevail. They further suggest Clients that when evaluating tenders, adequate time must be given to checking these proposals, particularly as the contract conditions refer to the Employer having satisfied himself that the Contractors Proposals are acceptable. Similarly the Client should allow adequate time for checking the proposals to ensure that they are getting what they envisaged. Conversely, this could be looked upon as an advantage to the Client, for the DB Contractor may have optizmed the Employers Requirements by introducing innovation and beneficial alternatives and methods into the Contractors Proposals.An Unknown Author (no date) argues that another disadvantage of the Design and Build contract is that it is not flexible enough to sustain change. Therefore Clients are adv ised, that they should avoid change. If is often found that when foreseen and/or unforeseen changes occur, the Clients budget cannot accommodate the additional costs and they are left with no alternative but to either reduce the scope of works and/or comprise on the quality of the project in order to reduce cost. This will inevitably lead to a product that is not what the Client envisaged at the start of the project.Schiff Hardin (ii) (no date) wrote that issues relating to insurance and bonding affect the relationship between the Design and Build parties. Errors and omissions by the Designer are generally excluded from the Contractors insurance policies, and errors and omissions by the Contractor is generally exclude from the insurance policies of the Designer. Surety bonds can also lead to similar problems, for example, performance bonds may not cover design services. qualified bonding or insurance obligations are likely to be either commercially unobtainable or prohibitively exp ensive.In summary, some of the proclaimed disadvantage of the design/build procurement method include inter alia-(i) In the traditional Design and Build situation, only if the Client employs third party inspectorates and/or cost advisors at his expense will he be able to safe guard his interests. By doing this, and in my opinion. this appears to be at odds with the concept of a Design and Build contract i.e. the Design and Build Contractor is a single entity that are jointly and severally responsible for both defects in design and workmanship.(ii) Because of the specialist nature of the Design and Build contract, there are only a limited number of Design and Build Contractor that are capable of proletariat work using this arrangement. This consequently results in less competition and ultimately less competition will result in higher prices(iii) From the Clients perspective, compared with the traditional design/bid and construct arrangement, the Client inevitably loses control of bo th the design and construction phase. Even if they were to engage independent advisors, they have limited influence over the whole process all they can do is monitor for compliance with the Employers Requirements.(iv) It has been suggested that where it has been possible to compare both forms of delivery methods i.e. Design and Build verse design/bid and the construct there was curt evidence that the optimisation of design and the evaluation of alternative materials and methods of construction have yielded a cost saving for the Client. In my opinion all benefits that occur due to the innovative ideas generally occur post contract and the cost benefits remain with the Design and Build Contractor(v) Particular attention should be given to the drafting of design/build contracts and Employer Requirements because of it bespoke nature. The Client should explore legal advice particularly from a construction lawyer who are well versed in the field of Design and Build projects. This legal advice perpetually increases the total cost of the project for the Client.(vi) Where Clients elect to competitively tender a Design and Build project, from the Contractors perspective, the cost of preparing preliminary designs and the tender are generally substantial because the Contractor will have to engage the services of a design professional. This cost will need to be recovered in all subsequent tenders if the Contractor is not successful. In some instances, some Design and Build Contractors will decline to bid and this will inescapably result in a less competitive environment.vii) Where the Client has elected to appoint a Designer to undertake a relatively detailed design. After which the Client decides to novate both the Designer and their design to the Design and Build Contractor. From a Contractors perspective, this will limit their ability to optimise the design and construction as well as review alternative methods and materials. Conversely from the Clients perspective, he regains control over the design and construction phase of the project.viii) All Clients have a duty to conduct some investigation into the capabilities and experience of the Design and Build Contractor. Particular attention should be paid to the tether record of the preferred Contractors. Design and Build Contractors who are relatively radical to this form of delivery method can themselves become a problem because of their lack of experience. Wardani et al. (2006) concluded that resourcing is influential to the success of design/build projects where a higher knowledge and understanding of the design-build processes can reduce problems within the have design and construction phasesix) The Client should where possible avoid changes once the concept design and tenders have been fully evaluated and the Design and Build Contractor has been appointed. If required, any decision for change should be made as quickly as possible. Xiao and Proverbs (2003) argue that variations during the construction stage are risk factors that are troubled to the achievement of project goals.4.4 OutcomeAs stated in 1.4, the accusive of this chapter was to critically analyse the benefits of Design and Build procurement method.Having looked at various sources of literature from books, internet websites and journals regarding the Design and Build procurement method, the author believes that this has been achieved.The succeeding(a) chapter of the report will attempt to ascertain the feelings and attitudes of the construction professionals in the substance East region to the Design and Build procurement method and to gauge whether there is a future for this procurement method.Chapter 5 Design and Build Case Study5.1 IntroductionTo gauge the knowledge, feelings and attitudes of the construction professionals in the Middle East to the Design and Build form of procurement. A survey has been conducted using a 5 page questionnaire (See Appendix xxxxx for a blank likeness of the survey ). A covering letter accompanied the questionnaire setting out the objective of the study. The response rate to this Questionnaire was a favourable 62%. As stated in 2.6 on this report, the entropy received from the respondents was collated and analysed using the descriptive statistic method. breastwork charts and/or histograms accompanied with the corresponding narrative have been used to manifest some of the data gathered from the respondents.Questions 1 to 4 Inclusive ab initio a series of participant background questions were asked of the respondents, particularly where they lived within the Middle East, and what discipline best described their role in the industry i.e. construction caution, commercial. Furthermore, the respondents were asked how many years had they been in the industry, and which sphere of influence of the industry they preferred. Approximately 60% of the respondents had been in the industry for more than 20 years. 63% of the respondents favoured the secto r of roadstead and bridges. The respondents all came from a variety of disciplines i.e. 32% from a construction management background, 23% from a commercial background and 14% from a consultants background. With summons to Fig 6 below, 56% respondents respondent came from the Sultanate of Oman, 24% from the unite Arab emirates, 4% from Kuwait, 8% from Bahrain, 4% from Saudi Arabia, 4% from Qatar. The purpose of these questions was to ensure that the data provided by the respondents was reliable and could be construed to be representative of the industry in the Middle East region as set out in the objectives contained in 1.4 of this report.Questions 5 to 7The next series of question was mean to gather data on the type and nature of the organisations that the respondents work for. once more, the purpose of these questions was to ensure and verify that the respondents all came from diverse background and /or disciplines and/or organisations. With reference to Fig 7 below, 25% of the respondents came from a consultants backgrounds and 63% came from a variety of contracting backgrounds, 4% came from developers and 8% came from other sectors within the construction industry.Questions 8 to 13 inclusiveTo test my preconception that the traditional form of construction procurement method is the most extensively used in the Middle East, and to test peoples attitudes to the various types of procurement methods. The respondents were asked a number of decimal questions i.e. Q8 Which procurement method did their current project follow? Q9 Which procurement method had they used the most extensively? Q 10 Which procurement method did they prefer? Q 11 Which procurement method did they think is the most extensively used in the region? Q 12 Which one of the Design and Build procurement methods did they want to gain further experience? Q 13 Which procurement method was used the most extensively within the respondents organisation?The surprising result of the data colle cted for Q8, was that 21% of the respondents substantiate that their current project had followed the Design and Build procurement method. This result is not too dissimilar to Handscomb (2004) findings detailed on page 11 of this report i.e. the use of Design and Build had grown to more than 30% today. The result to question 8 is also in line with the Contracts in Use 2007 Survey undertaken by RICS for the United Kingdom i.e. 21.7% of contracts were procured using the DB procurement method just for the economical down turn.However, this response was contrary to the writers preconception of how extensive the Design and Build procurement method is currently being used in the region. The writer was not expecting the actual use of the Design and Build method of procurement to be so high. The writers preconception was more in line with the results gained from Q11 (see go out 8 below) i.e. 92% of the respondents believed that the traditional method of procurement was the most extensivel y used in the region with only 4% of the respondents saying that the Design and Build method was the most extensively used. The factual 21% of projects currently following the Design and Build procurement method (Q8) and the perceived 4% use of the design and built (Q11) is completely at variance with each other, thus indicting that people are not as narrow tending(p) as previously thought, and are more open minded than to the use of alternative procurement methods in the Middle East region, particularly Design and Build.With reference to Fig. 9 below, it was also surprising to see that 44% of the respondents favoured Design and Build method of procurement, and 40% favoured the traditional method of procurement (Q10). once more this response was not in line with the writers hypothesis that professionals in the region are not open to change and other forms of procurement methods other than the traditional construction procurement methods.In response to Q13, 83% of the respondents co nfirmed that the traditional method of procurement was the most extensively used procurement method by their organisation and 14% confirmed Design and Build. When compared to the answers given in Q10, it could be argued that it is the Employers in the region that are comfortable with the berth quo and are not willing to consider change, the answers given by the respondents to Q10 would suggest that there is an appetite for change amongst the workers as they favoured the Design and Build procurement method.Questions 14 to 20In order to gauge the attitudes of the respondents to the various procurement methods available, the respondents were asked which procurement method was most suited to a particular sector of the construction industry (See Results in put over 1 below).With reference to Table 1 above, the majority of the respondents favoured the Design and Build contract over the traditional form of procurement in all but one scenario. Again these results are at variance to the wr iters preconceived ideas of people attitudes to the Design and Build procurement method in the Middle East. These result indicate that construction professional in the Middle East are in fact open to the idea of new procurement methods and in particular the Design and Build. This is contrary to the hypothesis contained in 1.2 of the report.Question 2188% of the respondents confirmed that they had gained some form of experience with the Design and Build procurement method, and only 12% had gained no experience at all (See Figure 10 below). This appears to reinforce the emerging idea that construction professionals in the Middle East would indeed be open to using different procurement methods in the region.Question 22 to 24 inclusive

Remedial and Institutional Constructive Trusts

sanative and Institutional plastic dedicates statute title The remedial creative authority has taken root in the join States and Canada it is un prob sufficient to do so in Eng pour down Millett LJ in Restitution and creative confides 1998 114 LQR p399.Explain the differences between remedial and institutional constructive imprecates and the advantages and disadvantages of each approach. wrangle whether judges in Eng agriculture and Wales are likely to adopt the remedial system. entreeA commentary of a trust, reflected in pillowcase truth, suggests that a soulfulness with responsibility for billet has an obligation in accordance with principles of fair-mindedness to evince beneficence1 towards any beneficiaries, any of whom skill enforce this obligation2. The design of the constructive trust is not overwhelmingly supported, with Hayton categorising it a fiction which provides a useful assuage when no salvage is available in contract or in tort3. A constructive t rust whitethorn be any institutional or remedial, although only institutional constructive trusts are unobjectionable practice in the UK at the evince time. According to Halsbury the remedial constructive trustis not in reality a trust at each, but merely a remedial mechanism by which legality gives relief for fraud4.The tuberosity between constructive trusts raise a number of issues that are of token relevance when considering whether the natural law in England and Wales is likely to adopt the remedial system. It must be noted, however, that, whilst the importance of both trademarked estoppel5 and Pallant v Morgan6 equity are acknowledged as relevant to a discussion on constructive trusts, their applications are specific. Accordingly, due to constraints on blank shell, their inclusion body in this particular essay fork out been omitted7.DISCUSSIONWhilst law in opposite jurisdictions needs to resort to much(prenominal) measures as the remedial system, law in the UK curr ently relies on the Statutes of Limitation8, within which remedial constructive trusts may be considered to be related to the Limitation characterization 19809. The specific mark between effectual and upright monomania originated through the historical deduction of common law and the law of equity, as unbending up through the Courts of Chancery. It is pronto acknowledged that a correlation exists between constructive trusts and the doctrine of equity, with make from the date in which circumstances dictated a need for such intervention, a factor noted in Westdeutsche Bank10 by Browne-Wilkinson, LJ who observed that A remedial constructive trustis a judicial ameliorate enceinte rise to an enforceable genuine obligation11Institutional shaping TrustThere have been a number of significant cases heard, where the speak tos have control that institutional constructive trusts will prevail12. An institutional constructive trust might be invoked in such cases as domestic disput es involving property, breaches within a fiduciary relationship, contracts relating to sales of land, and certain locations relating to commercial insolvency. Case law established in law and in equity that land could be the open of ownership13, with a further recognition that the person owning every vitrine of estate has a right of property according to ennoble Browne-Wilkinson14, established through statute in the virtue of Property Act 1925. Freehold land, or land held in fee simple, relates to land held in trust to the Crown, with the owners organism beneficiaries, or trustees, or land that is held in cestuis que trust which is revealed as an fair estate.The requirement for a formal record of equitable entitlement to the transfer of land in accordance with the police force of Property Act 1925 53 (2)15 reveals a situation inconsistent with the ethos of remedial trusts. Shares in property can be transferred from the owner of a property to bestow the gift of beneficial owner ship on another person through the conveyancing procedure of legal transfer by deed according to the Law of Property Act 1925, section 52 (1). Conversely, where full consideration has not been paid when land is transferred an inference of fact would result, as clarified in Subsection 60(3) of the Law of Property Act 1925.Remedial positive TrustsPascoe16 notes an apparent lack of consensus as to whether remedial constructive trusts are based on an enforcement of proprietary rights or to avoid unconscionable conduct, but suggests it is impose by equity no matter of material or presumed agreement or intention17 in articulate for the courts to implement a measure of restitution18. Certain situations require a remedy within the law that is particularly suitable for a specific set of circumstances. This is determined at the perceptiveness of the court and is realised in the botheration of a remedial constructive trust, characterised by the particular facet that no trust existed pri or to the intervention of the court. An interesting development in the definition attached to constructive trusts was suggested in Barnes v Addy19 in which Lord Selborne, LC introduced the distinction between a duty owed by directors and duty owed by non-fiduciary strangers, referring to this concept as the two limbs of Barnes v Addy. More recently this referent has been appreciate as recipient liability20 and accessory liability21.Various jurisdictions well-nigh the world acknowledge a distinct emphasis between institutional constructive trusts and remedial constructive trusts, based on the common law precepts of unjust enrichment. The constructive trust would then be recognised as a means of restitution22, a remedy available for the courts to resort to when other methods of restitution are inappropriate. Often considered synonymous with remedial constructive trusts is the case of Polly Peck International plc (in admin) ( zero(prenominal)2)23. Referring to additional rights of re stitution that might be accorded the complainant in respect of rule-governed rights to property the Court of Appeal in England made reference to the determination in the peremptory Court in Canada24.Different JurisdictionsAmongst the different jurisdictions who habitually utilise the remedial approach, Australia25 generally adheres to a traditional approach characterised by a link between claimant and the property at dispute, whilst acknowledging the distinction between recipient and accessory26 liabilities. Accordingly, remedies might be utilize in personam rather than in rem. According to Fardell and Fulton27, the constructive trust has become an important remedy within the courts in New Zealand, richly utilising the concept of remedial constructive trusts in any situation in which a defendant might have prejudiced a plaintiffs claim to equity as a matter of principle28. This particular application of the remedial system has been criticised by the judiciary in Australia as t hey perceive it represents a medium for the indulgence of idiosyncratic notions of justice and pallidness29. However, at the New Zealand Court of Appeal Tipping, J concurred with the Australian opinion, although utilize different reasoning30.There have, however, been instances whereby a more controversial approach has been taken, oftentimes utilised in the US31 although, on occasion, in other jurisdictions such as New Zealand in the case of Re Liggett32 based, as it was, on the decision in the US case of Chase Manhattan Bank. Since then, however, both the Privy Council33 and the raise of Lords34 have overruled that decision35. The law relating to constructive trusts has recently changed in Canada following the Supreme Courts ruling in the cases of Soulos v. Korkontzilas36. Prior to this, such cases as Pettkus v Bekker37, Sorochan v Sorochan38 and Rosenfeldt v Olson39 were the definitive referents in relation to remedies imposed by the courts to prevent the perpetuation of injust ices within the specific categories associated with benefiting through unjust enrichment40. The Supreme Court focused on the ethos of trade good conscience in their decision when ruling on Soulos v. Korkontzilas41. They decided that constructive trusts needed to be imposed to maintain certain standards42, with four conditions introduced, each of which must present if a constructive trust was to be implemented43. Subsequently, these conditions have been applied to all cases relating to constructive trusts heard in Canadas Supreme Court.CONCLUSIONIt has been suggested that every resulting trust is realised through the transfer of property in a situation where benefit to the recipient was not the intended option, the consequence of which is a presumption of resulting trust. This significance is recognised in the doctrine of equity in terms of recognition of the terms of endowment. In the UK it is in this particular situation that the inherent importance between constructive and result ing trusts lie. Furthermore, it is this particular situation in which other jurisdictions more often introduce the doctrine of remedial trusts. It appears to be accepted by the majority of commentators that, for a resulting trust to be formed, actual assets must be present in terms of identifiable property, the remedy of which may be found in common law.Despite Millett LJ macrocosm of the opinion that the remedial approach is unlikely to take root in England44, it has been acknowledged in the Court of Appeal45, the Privy Council46 and in the House of Lords47, in obiter dicta, that a possibility might exist for the future incorporation of remedial constructive trusts into UK legislation. This controversy has, by no means been resolved and, at some point will undoubtedly become incorporated into UK legislation, either in its present format, or modified to enable an aggrieved party to harbor restitution48 through the correlation that exists between constructive trusts and the doctrin e of equity which is represented through the concept of morality and obligations, with the benefit of an obligation being so treated that it has come to look rather like a confessedly proprietary right49.Total Word Count excluding footnotes and bibliography 1,496 wordsBIBLIOGRAPHYBOOKSCope, M (1992) formative Trusts. Sweet and MaxwellMaitland, F W (1936) Equity. Cambridge Cambridge University Press. scalawag cxvUnderhill and Hayton (1995) Law of Trusts and Trustees 15th ed. capital of the United Kingdom Butterworth Page 1Wilkie, Margaret Luxton, Peter and Malcolm, Rosalind (1998) Blackstones globe Law. London Blackstone Press, Page 111HALSBURYS LAWS Available Online from Butterworths Direct look facilities. Access via Athens Gateway http//www.butterworths.com/butterworths.aspVol 16 (2000 Reissue) Para 1072Vol 48 (2000 Reissue) Paras 401 403 gamecedent Court of ChanceryVol 48 (2000 Reissue) Para 501.Vol 48 (2000 Reissue) Para 592ARTICLESAustin, RP (1988) The break up Down o f the Remedial Trust. 11 NSWLJ 66. Available from Pascoe, Janine Remedial Constructive Trusts and corporeal Insolvency an Australian Perspective. surgical incision of transmission line Law Taxation, Monash University, Australia. Available from http//www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf Accessed twenty-fourth July 2005Bryan, M (1995) Cleaning up after recrudescees of Fiduciary avocation the obligation of Banks and other Financial Institutions as Constructive Trustees. In 7 draw together Law Review 67. Available in Pascoe, Janine Remedial Constructive Trusts and incarnate Insolvency an Australian Perspective. Department of pedigree Law Taxation, Monash University, Australia. Available from http//www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf Accessed twenty-fourth July 2005Dodds, J (1988) The New Constructive Trust An Analysis of its Nature and Scope. 16 MULR 482. In Pascoe, Janine Remedial Constructive Trusts and integra ted Insolvency an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from http//www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf Accessed twenty-fourth July 2005Fardell, R and Fulton, K (1991) Constructive Trusts-A New Era. NZJL 90. In Pascoe, Janine Remedial Constructive Trusts and Corporate Insolvency an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from http//www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf Accessed 24th July 2005Hayton, DJ (1985) individual(prenominal) Accountability of hostilers as Constructive Trustees. 27 Malaya LR 313,314 Singapore Journal of lawful Studies.Access via ATHENS GatewayMcKendrick, E (1994) Unascertained Goods Ownership and covenant Distinguished. cx LQR 509 513Millett LJ (1998) Restitution and Constructive Trusts 114 LQR p. 399OConnor, P (1996) Happy Partners or Strange Bedfellows the Blending of Remedial and Institutional Features in the Evolving Constructive Trust 30 MULR 735. In Pascoe, Janine Remedial Constructive Trusts and Corporate Insolvency an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from http//www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf Accessed 24th July 2005ONLINE RESOURCESPascoe, Janine Remedial Constructive Trusts and Corporate Insolvency an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from http//www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf Accessed 24th July 2005TABLE OF CASESBaden Delvaux and Lecuit v Societe Generale 1993 1 WLR at 509, 575 balustrade v Bannister 1948 2 each(prenominal) ER 133 banner Homes assemblage plc v sharpen Developments Ltd 2000 Ch 372, CABarnes v Addy (1874) LR 9 Ch App 244Beatty v Guggenheim Exploration Co 225 NY 380 at 386 1919Chase Manhattan Bank NA v Israel British Bank (London) Ltd 1981 Ch one hundred fiveCia de Seguros Imperio (a body corporate) v heath (REBX) Ltd (formerly CE Heath Co (North America) Ltd) 2000 2 All ER (Comm) 787 2001 1 WLR 112, CADaly v The Sydney Stock vary Ltd (1986) clx CLR 371Fortex Group Ltd (In Rec and Liq) v MacIntoshes 1994 3 WLR 199 1998 3 NZLR 171.Hussey v Palmer 1972 3 All ER 70 (CA)Linter Group Ltd v Goldberg (1986) 160 CLR 371Mabo v Queensland (No 2) 1992 175 CLR 1, High Court of AustraliaMetall und Rohstoff AG v Donaldson Lufkin Jenrette Inc 1990 1 QB 391 and 1989 3 All ER 14 CAMuschinki v Dodds (1985) 160 CLR 583 at 614Pallant v Morgan 1953 Ch 43, and 1952 2 All ER 951Paragon Finance plc v DB Thakerar Co (a firm) 1999 1 All ER 400, CAPettkus v Bekker 1980 19 RFL (2d) 165Polly Peck International plc (in admin) (No 2) 1998 3 All ER 812 at 825-826Re Goldcorp Exchange LtdRe Goldcorp Exchange Ltd (in receivership) 1995 1 AC 74 1994 3 WLR 199 and 1994 2 All ER 606 PCRe Liggett v capital of Jamaica 1993 1 NZL R 257Re Polly Peck International plc (in administration) (No 2) 1998 3 All ER 812, and 1998 2 BCLC 185, CARe Sharpe 1980 1 WLR 219Rosenfeldt v Olson 1 BCLR (2d) 108, 1986 3 WWR 403, 25 DLR (4th) 472 (CA).Sorochan v Sorochan 1986 2 SCR 39Soulos v Korkontzilas 1997 S.C.J. No. 52Taylor v Davies 1920 AC 636, PCTinsley v Milligan 1993 3 WLR 126 1994 1 A.C. 340, 371Westdeutsche Landesbank Girozentrale v. Islington London BC 1994 4 All E.R. 890, 962, CA. varied 1996 2 All E.R. 961, HL 1996 2 All E.R. 961, 990, H.L 1996 AC 669 at 714-4151Footnotes1 See Beatty v Guggenheim Exploration Co 225 NY 380 at 386 19192 This definition is paraphrased from Halsburys Laws, Vol. 48 (2000 Reissue) at para 501 who have based this definition on Underhill and Hayton ( ) Law of Trusts and Trustees 15th ed Page 13 Hayton, DJ (1985) 27 Mal LR 313,3144 Halsburys Law, Vol 48 (2000 Reissue) Para 5015 Halsburys Laws, Vol 16 (Reissue) Para 1072 and Vol 48 at 5926 Pallant v Morgan 1953 Ch 43, and 1952 2 All ER 9 51. Halsburys Laws, Vol 48 at 5937 Banner Homes Group plc v Luff Developments Ltd 2000 Ch 372, CA per Chadwick LJ this case introduced the term Pallant v Morgan equity8 In accordance with the former Court of Chancery, Halsburys Laws, Vol 48, Paras 401 403 ante9 Halsburys Laws, Vol 48 (2000 Reissue) Para 501 cites a number of cases relating to this point Halsbury quotes Taylor v Davies 1920 AC 636, PC Paragon Finance plc v DB Thakerar Co (a firm) 1999 1 All ER 400, CA Cia de Seguros Imperio (a body corporate) v Heath (REBX) Ltd (formerly CE Heath Co (North America) Ltd) 2000 2 All ER (Comm) 787, and 2001 1 WLR 112, CA10 Westdeutsche Bank Landesbank Gironsentrale v Islington London BC 1996 AC 669 at 714-415 per Lord Browne-Wilkinson11 Under an institutional constructive trust, the trust arises by process of law as from the date of the circumstances which gave rise to it the function of the court is to declare that such a trust has arisen in the past. The consequences that arise fro m such a trust having arisen (including the possibly unfair consequences to third parties who, in the interim, have received the trust property) are also determined by rules of law, not under discretion. A remedial constructive trust, as I recognize it, is different. It is a judicial remedy giving rise to an enforceable equitable obligation the extent to which it operates retrospectively to the prejudice of third parties lies in the discretion of the court. Ibid, Note 912 Bannister v Bannister 1948 2 All ER 133, Re Sharpe 1980 1 WLR 219 and Beatty v Guggenheim Exploration Co 225 NY 380 at 386 191913 Mabo v Queensland (No 2) 1992 per Deane and Gaudron JJ14 Tinsley v Milligan (1994) English law has one one law of property made up of legal and equitable interests per Lord Browne-Wilkinson15 Wilkie, Margaret Luxton, Peter and Malcolm, Rosalind (1998) Blackstones Land Law. London Blackstone Press, Page 11116 Pascoe, Janine ( ) Remedial Constructive Trusts and Corporate Insolvency An Au stralian Perspective. Senior Law Lecturer, Department of Business Law Taxation, Monash University, Australia.17 Muschinki v Dodds (1985) 160 CLR 583 at 614 per Deane J. Also Cope, M (1992) Constructive Trusts18 Pascoe quotes a number of references from Australian literature OConnor, P (1996) Happy Partners or Strange Bedfellows the Blending of Remedial and Institutional Features in the Evolving Constructive Trust. 30 MULR 735 Also Bryan, M (1995) Cleaning up after Breaches of Fiduciary Duty the Liability of Banks and other Financial Institutions as Constructive Trustees. 7 alliance Law Review 67 Also Austin, RP (1988) The Melting Down of the Remedial Trust. 11 NSWLJ 66 Also Dodds, J (1988) The New Constructive Trust An Analysis of its Nature and Scope. 16 MULR 482.19 Barnes v Addy (1874) LR 9 Ch App 24420 See Baden Delvaux and Lecuit v Societe Generale 1993 1 WLR per Gibson, J at 509 57521 Known as constructive trustees. This relates to a personal liability to an accessory to fra ud22 McKendrick, E (1994) Unascertained Goods Ownership and Obligation Distinguished 110 LQR 50923 Polly Peck International plc (in admin) (No 2) 1998 3 All ER 812 at 825-82624 See Soulos v Korkontzilas 1997 S.C.J. No. 5225 Pacoe, Janine Remedial Constructive Trusts and Corporate Insolvency an Australian Perspective. Department of Business Law Taxation, Monash University, Australia26 LinterGroup Ltd v Goldberg (1986) 160 CLR 371 Constructive trustee was Linter Group as plaintiff. Goldberg Furst were directors of Arnsberg Pty Ltd who breached fiduciary duty. Southwell, J minded(p) Linter Group priority over other creditors in terms of equitable claimsand Daly v The Sydney Stock Exchange Ltd (1986) 160 CLR 371 this claim was rejected27 Fardell, R and Fulton, K (1991) Constructive Trusts-A New Era. NZJL 9028 See Fortex Group Ltd (In Rec and Liq) v MacIntoshes 1998 3 NZLR 171. See also Re Goldcorp Exchange Ltd 1994 3 WLR 199 as it represents opposing characteristics29 Muschinski v Do dds (1985) 160 CLR 583 per Deane J30 the plaintiffs must be able to point to something which can be said to make it unconscionable unregenerate to good consciencefor the secured creditors to rely on their rights a lawFortex Group Ltd (in rec liq) v MacIntosh 1994 3 WLR 199 per Tipping, J31 Chase Manhattan Bank NA v Israel British Bank (London) Ltd 1981 Ch 10532 Re Liggett v Kingston 1993 1 NZLR 25733 Re Goldcorp Exchange Ltd 1994 3 WLR 19934 Westdeutsche Landesbank Girocentrale v Islington Borough Council 1996 AC 66935 Constraints of space preclude a more detailed investigation of any of the cases36 Soulos v. Korkontzilas 1997 S.C.J. No. 5237 1980 19 RFL (2d) 16538 1986 2 SCR 3939 1 BCLR (2d) 108, 1986 3 WWR 403, 25 DLR (4th) 472 (CA).40 absence of any juristic reason41 Soulos v. Korkontzilas 1997 S.C.J. No. 5242 a constructive trust may be imposed where good conscience so requires. I conclude that in Canada, under the broad(a) umbrella of good conscience, constructive trusts are recognized both for outlawed acts like fraud and breach of duty of loyalty, as well as to remedy unjust enrichment and corresponding deprivation Soulos v. Korkontzilas 1997 S.C.J. No. 52, per Justice McLaughlin43 Breach of an equitable obligation assets still with defendant plaintiff to present legitimate reason for recourse to courts no third parties who might be unjustly penalised through a constructive trust44 Millett LJ in Restitution and Constructive Trusts 1998 114 LQR p. 39945 Metall und Rohstoff AG v Donaldson Lufkin Jenrette Inc 1990 1 QB 391 and 1989 3 All ER 14 CA Also Re Polly Peck International plc (in administration) (No 2) 1998 3 All ER 812, and 1998 2 BCLC 185, CA46 Re Goldcorp Exchange Ltd (in receivership) 1995 1 AC 74 and 1994 2 All ER 606 PC47 Westdeutsche Landesbank Gironzentrale v Islington London Borough Council 1996 AC 669, and 1996 2 All ER 961, HL48 Hussey v Palmer 1972 3 All ER 70 (CA) per Lord Denning49 Maitland, F W (1936) Equity. Cambridge Cambridge U niversity Press. Page 115

Optimization of Solvent Extractions

optimisation of Solvent ExtractionsCHAPTER 3METHODOLOGY3.1IntroductionIn this study, the leaves of A. Malanccensis, hypothecate gaharu tea bags from Gaharu Tea Valley, Gopeng and Kebun Rimau, Tawau were extracted by employ solvent origin rule. The optimization of solvent extractions were determined in this study as well. Chemical organization of the gross(a) extracts were analyzed by development GC-MS and HPLC. Besides, the obtained boisterous extracts were evaluated for their antioxidant property.3.2Chemicals and Apparatus passim this study, several of chemical and apparatus were utilise as listed in get across 3.1 and table 3.2.Table 3.1 Chemical and reagent usedChemical and reagentsBrand producer1,1-diphenyl-2-pycrylhydrazyl (DPPH)SigmaUSA2,4,6-tripyridyl-striazineSigmaUSAsodium acetateAcetic venereal infectionMBGermanyAluminum chloride hexahydrateAscorbic acidSystermMalaysiaEthanolSystermMalaysiaFolin-Ciocalteus reagentSigmaUSAGallic acidHydrochloric acidIron (II) sulp hateSigmaUSAIron (III) ChlorideSystermMalaysiaM ethanolMerckGermany grand bromideQuercetinSodium blowateSodium carbonate anhydrousSodium hydroxideMerckGermanySodium nitrateHelium plashNovalandMalaysiaNitrogen gasNovalandMalaysiaTable 3.2 Apparatus usedApparatusBrandManufactureraluminum foilDiamond brandMalaysiaAnalytical balanceMettler-ToledoSwiterlandBeaker 100 mLSchoot DuranGermanyBeaker 250 mLSchoot DuranGermanyBeaker viosterol mLIwakiJapanConical flask 250 mLIsolabGermanyFilter funnelFrontier Transform Infra-red spectrometerPerkin ElmerGermanyGas Chromatography-Mass spectrometerPerkin-ElmerGermanyMeasuring cylinderIwakiJapanMicropipetteEppendrofEnglandOvenMemmetUSAPara take away MPechineyUSA rotatory evaporatorBuchi LabortechincSwitzerlandRound bottle flask 250 mLFavoritMalaysiaTest pipage 15 mLUV-Vis spectrometerPerkin ElmerGermanyVolumetric flaskExeloMalaysiaWater bathCifton NE 5-289EnglandWhatman No. 1 Filter motifBuchi ReiiiSwitzerlandGrinderKikaGermany3.3 Extraction o f the Gaharu Leaves and speculate Gaharu Tea3.3.1 Raw MaterialThe samples of gaharu leaves and hypothesize gaharu tea bag were used in this research were obtained from the Kebun Rimau Sdn Bhd, Tawau and Gaharu Tea Valley, Gopeng. Gaharu leaves were alter out in the shade for 7 days at roomtemperature (28 2C). after drying, leaves were cut into small pieces. The pieces of dried gaharu leaves and the formulated gaharu tea bag be used for the aqueous extraction and ethanolic extraction.3.3.2Aqueous Extraction of Gaharu Leaves and Formulated Gaharu Tea50g of dried leaves gunpowder and marrows of formulated gaharu tea bag were weighed and put into 500mL beaker, respectively. 250 mL of distilled pissing was added into both(prenominal) beaker and toil for 30 minutes. Beakers were wrapped with aluminium foil (Diamond brand) to prevent spilling of miscellanea and clear exposure.The pooled extracts were filtered by using Whatman No. 1 filterpaper (Buchi Reiii) with 0.45m membrane . The remains were re-extracted downstairs same condition and filtered. The obtained arrant(a) extracts were punishing at 50C using a rotary evaporator downstairs suffering pressure. The grueling pugnacious extracts from gaharu leaves and formulated gaharu tea bag were collected in air-tight mark offers and cover by the aluminum foil to prevent the active components in the extracts from decomposing by lilting. They were stored in refrigerator at 4 C to prevent fungous attacking. All the extractions were carried out in replicates.3.3.3 Ethanolic Extraction of the Gaharu Leaves and FormulatedGaharu Tea10g of dried leaves powder and 6g of the formulated gaharu tea bag were weighed and put into 100 mL beaker, respectively. 50mL ethanol was poured into both beaker. Beakers were sealed with parafilm (Pechiney) and wrapped with aluminum foil (Diamond brand) to prevent spilling of mixture and light exposure, respectively. The pooled extracts were filtered by using Whatman No. 1 fi lter paper (Whatman International, England). The remains were re-extracted under same condition and filtered. The obtained crude extracts were concentrated at 40C using a rotary evaporator under low pressure. The concentrated crude extracts from gaharu leaves and formulated gaharu tea bag were collected in air-tight containers and covered by the aluminum foil to prevent the light decomposition of bioactive components in the crude extracts. They were stored in refrigerator at 4 C to avoid fungal attacking. All the extractions were carried out in replicates.3.4 Optimization of the Gaharu Leaves and Formulated Gaharu Tea Extraction3.4.1Ethanol Concent dimensionnWith the constants 180 minutes and temperature 25OC, samples were extracted with six-spot different submersions of ethanol starting from 0% to 100% (v/v). The extraction procedures were expound in divide 3.2.3. The best ethanol concentration which link up to the determine of gist phenolic contain (TPC) (mg gallic acid e quivalent, GAE/g dry weight, DW) and total flavonoid contain (TFC) (mg quercetin equivalent, QE/g DW) were selected.3.4.2Extraction timeThe samples were extracted with the best ethanol concentration which was determined in the section 3.3.1 for 60, 120, 180, 240, 300 minutes by fixture the extraction temperature constant at 25oC. The best extraction time which related to the values of total phenolic contain (TPC) (mg gallic acid equivalent, GAE/g dry weight, DW) and total flavonoid contain (TFC) (mg quercetin equivalent, QE/g DW) eres selected.3.4.3TemperatureThe samples were extracted at different temperatures, which were 25, 35, 45, 55, and 65oC with the optimal temperature and extraction time as determined in section 3.3.1 and section 3.3.2. The best extraction temperature which related to the values of total phenolic contain (TPC) (mg gallic acid equivalent, GAE/g dry weight, DW) and total flavonoid contain (TFC) (mg quercetin equivalent, QE/g DW) weres selected.3.5Chemical Ch aracterization of Gaharu Leaves and Formulated Gaharu Tea3.5.1Characterization using FT-IR3.5.1.1 Sample PreparationThe method of FT-IR analysis by Khalil et al. (2013) was used with minor limitings (Khalil et al., 2013). The formation of transparent stroke (Thin disc) was done by mixing 2mg of crude extract powder with 40mg of grand bromide (120), a counterspyd was used to compress the mixture under a pressure of 7 tons. The analysis was carried out with the wavelength starting from four hundred0 to 400 cm-1. About 3 minutes were taken by the spectrum recording. FT-IR software Spectrum fluctuation 6.35 (Perkin Elmer) was used to perform the acquisition of the spectra and peak assignment.3.5.2Characterization Using Gas transparent Chromatography- Mass Spectroscopy (GC-MS)3.5.2.1 Sample PreparationThe method of GC-MS analysis by Khalil et al. (2013) and Soetardjo et al., (2007) were used with the modification of experimental conditions. The crude extract powder was fade away in 60% (v/v) methanol resultant role and filtered by using membrane filter with 0.45 m pore size. The 0.5 L of samples were injected into a gas chromatograph weaponed with Perkin Elmer Clarus 500 mass spectrometer and Elite-5MS column 30m (length) x 0.25 mm (diameter), film thickness 0.25 m. The column temperature was programmed to 50oC for 6 min, with 5oC increase per min to 250oC. The temperature of detector and injector were both maintained at 250 oC. Hellium was used as the carrier gas with a linear velocity of 1 ml/min and the splitting ratio was 101. The mass spectrometer was operated in the electron impact ionization (EI) mode at 70 eV. The constituents of gaharu crude extract powder were determine by comparing their mass spectra with those of NIST02 library data of the GC-MS system. The condition of GC-MS are summarized in Table 3.4.Table 3.4 Condition used for GC-MS analysis.ParametersConditionsGas chromatographyPerkin Elmer Clarus 500 gas chromatographyMass selective detectorPerkin Elmer Clarus 500 mass spectrometerCapillary columnsElite-5MS (30 m (length) x 0.25 mm (diameter) film thickness 0.25 m) pellet volume0.5 LCarrier gasHeliumInitial oven temperature50 oCFinal oven temperature260-300 oCInlet temperature250 oCInjectionSplitInjector pressure8.00-9.43 psiInjector temperature80 oCFlow rate1 mL min -1Electron nil70 eVSource temperature180 oCSolvent delay2 minutesData libraryNIST 023.5.2.2 Kovats Retention IndexKovats retention superpower is an idea used in the gas chromatography to convert retention multiplication into system-independent constant. The collected data of GC-MS were processed by using the Kovats retention magnate (Equation 3.1). The accountd Kovats index was compared with the retention time of n-alkane which were given by the GC-MS render company (Perkin Elmer) base on the same type of column with higher(prenominal) ramp temperature (10oC instead of 5 oC, Appendix A). (Equation 3.1)Where,I = Kovats retention index,n = the number of carbon atoms in the smaller n-alkane,N = the number of carbon atoms in the larger n-alkane,tr = the retention time.3.6Determination of Total Phenolic Compounds and Total Flavonoid Compounds in unmannerly Extracts3.6.1Evaluation of Total Phenolic Compounds in Gaharu Leaves and Formulated Tea Crude ExtractsTotal phenolic content (TPC) of concentrated rude extract of threesome samples with the different extraction condition were determined by using the Folin-Ciocalten (F-C) checkout according to the method exposit by Tay et al. with a modification (Tay et al., 2014). strong crude extractwas dilute 30 times before use. 15 mL mental test supply was wrapped with aluminum foil and 1 mL of diluted sample was placed into it. Then, 5 mL of Folin-Ciocalten reagent was added into the test tube. After 5 minutes, 4 mL of 7.5% (w/v) sodium carbonate was added. The test tube was shaken to mix the diluted sample and reagents for 5 seconds. Thus, the test tube was allowed to stand in the dark room at room temperature for 30 minutes. The clean-living solution was wide-awake by replacing 1 mL of samples with 1 mL of deionized water. Absorbance was measured against the unfilled at 765 nm by using UV-Vis spectrometer (Perkin Elmer).Besides, 1 mM gallic acid dribble solution was prepared. 17.012 mg of gallic acid was weighed ad transferred into 100 mL conical flask. Thus, deionized water was added in until the volume of 100 mL was achieved. The 1 mM gallic acid stock solution was further diluted into 0.1, 0.2, 0.4, 0.6, 0.8 mM gallic acid standard solutions. Total phenolic content was determined and calculated based on gallic acid standardization abbreviate and expressed as gallic acid equivalents (GAEs) in magnesium per g dry weight (mg GAE/ g DW). The TPC test was repeated with the concentrated crude extract with different solvent extraction conditions.3.6.2Evaluation of Total Flavonoid Compounds in Gaharu Leaves and Formulated Tea Crude ExtractsThe tot al flavonoid content (TFC) of the concentrated crude extract of three samples with different extraction conditions were determined according to the procedures described by Thoo et al. with urbane modifications (Thoo et al., 2010). Concentrated crude extract was diluted for 15 times. Thus, 1 mL of diluted crude extract was mixed with 5 mL of deionized water and 0.3 mL 5% sodium nitrite in a 15 mL aluminum foil-wrapped test tube. After 12 minutes, 0.6 mL 10% aluminum chloride hexahydrate was added into the test tube. In the next 10 minutes, 2 mL of 1M sodium hydroxide solution and 1.1 mL were added to the mixture. Thus, test tube was shaken to mix the diluted sample with the reagents for 10 seconds. A blank was prepared by replacing diluted crude extract with 1 mL of deionized water. The absorbance was measured immediately at 510 nm by using UV-Vis light spectrometer (Perkin Elmer). Besides, the 1 mM quercetin stock solution was prepared as well. 30.22 mg of quercetin was accurately weighed and transferred into 100 mL conical flask. Thus, the deionized water was added into the conical flask until the volume of 100 mL was reached. The 1 mM quercetin stock solution was further diluted to 0.1, 0.2, 0.4, 0.6, 0.8 mM quercetin standard solutions. The total flavonoid content of diluted crude extract was determined and calculated based on quercetin calibration curve and expressed as quecertin equivalents (QEs) in magnesium per g dry weight (mg QE/ g DW).). The TFC test was repeated with the concentrated crude extract with different solvent extraction conditions.3.7Determination of Antioxidant body process3.7.12,2-diphenyl-1-picrylhydrazyl (DPPH) Free RadicalScavenging assayThe antioxidant capacity of crude extracts were measured by the DPPH search based on the method which were carried out by Asadujjamanet al. and Tay et al. with slight modification (Asadujjamanet al., 2013 Tay et al., 2014). The 0.1 mL concentrated crude extract was added with 3.9 mL 0.004% ethan olic DPPH solution in an aluminium-wrapped test tube. A parafilm was immediately used to cover the opening of test tube. Thus, the test tube was allowed to stand in dark room at room temperature for 30 minutes. The absorbance of DPPH solution was determined against a deionized water blank a 517 nm by using the UV-Vis spectrometer (Perkin Elmer Lambda 25). 0.1 mL of the crude extract was replaced by extract solvent in the preparing of negative control. Absorbance measurements of the crude extracts and negative control was carried out in triplicate. The result was expressed as a percentage of DPPH radical scavenging activity.The following formula (Equation 3.2) was used to calculate the DPPH radical scavenging activity of crude extract.1 100%= DPPH radical scavenging activityEquation 3.2Where,As= absorbance of crude extractAc = Absorbance of control3.7.2Ferric Reducing Antioxidant Power (FRAP) AssayThe FRAP assay was carried out according to procedures described by Kamonwannasitet a l. with slight modification (Kamonwannasitet al., 2013).The FRAP reagent was made of 0.01 M TPTZ (2,4,6-tripyridyl-striazine) in 0.04 M HCl, 0.02 M FeCl3, and 0.03M acetate buffer (pH 3.6) in a ratio of 1110(v/v/v). 0.03M acetate buffer (pH3.6) was prepared by mixing 46.3 mL of 0.2M acetic acid and 3.7 mL 0.2 M sodium acetate 0.5 mL together. Thus, the deionized water was added into mixture to make up the volume to 100mL. Then, 0.5g of the sample was added to 15 ml of FRAP reagent which was prepared in situ and warmed until 37C before it was being used. The absorbance was measured at 593 nm by using an UV-Vis spectrophotometer (Perkin Elmer) after the solution was incubated for 5 minutes. Besides, 1 mM FeSO4stock solution was prepared as well. 0.278g of FeSO4 were dissolved into 1 L of deionized water. Thus, 1 mM FeSO4stock solution was diluted into 0.1, 0.2, 0.4, 0.6, 0.8 mM FeSO4 standard solution. A standard calibration curve was constructed by using different concentration of Fe SO4 solution. The results were expressed as mol Fe2+/mg dry weight of plant material. All measurements were carried out in triplicate and the mean values were calculated.3.8Statistical analysisThe experimental results in this study were calculated and analyzed by using the IBM software (SPSS Statistics recitation 21). All values were expressed as the mean standard leaving (SD) of triplicate measurements of replicate extraction. Simple correlation was used to determine the kinship between total amount of flavonoids in the crude extracts and their antioxidant capacities.

Role Of The Quantity Surveyor in Construction

Role Of The Quantity Surveyor in social organization1.1 Background to the StudyA suitable origination team is in every(prenominal) weighty(p) for any new expression exteriorise according to Lee (2008127). The mensuration surveyor jackpot be a very worthy addition to the in xt team for the guest, giving expert advice on annunciationual and pecuniary matters. The measurement surveyor ordain have the clients interest as his number one antecedency and his operate can be of great cherish to any psyche considering constructing a new building. correspond to Bowles Le Roux (19921) any person considering building or investing in social organization shows affects expert advice from a amount surveyor. No matter the size or complexity of a hold, the neb surveyor provides valuable advice through with(predicate) the various stages of the project. The Guide for Quantity examine Appointments (2006) states that any client who is considering building any structure of an y size, changing an existing structure or investing in locution projects no matter how simple or complex, inevitably the expert advice of a paid measurement surveyor for establishing budgets, cash flows, court planning, court precaution and obtaining pry for money. social organisation projects differ from for each one other and every project has its own uncomparable challenges. social structure projects argon not standard products which have been designed and aggregated manufactured in a controlled environment. There is a lack of a relatively stable market price. This is out-of-pocket to monthly payments which atomic number 18 make as the turn tail proceeds, before the project rivales completion. As a go away of technological, fiscal and sparing influences the methods adopted for construction sprain atomic number 18 change and complex and the expert advice of a step surveyor should be obtained before the conk of any project planning. This is the principal( prenominal) evidences why there is a need for the run of a total surveyor. (Bowles Le Roux, 19922)The ordinary member of the worldwide public has brusk knowledge or reckon in the construction industry. However economically active item-by-items who can be seen as possible clients for residential construction projects be often reluctant to utilize the work of a master copy metre surveyor.According to Lee (2008123), a effectiveness pitfall for the first-time homeowner is to utilize the function of a non-reputable contractile organ who is not affiliated to the National Home Builders Registration Council (NHBRC). Members of the public public who ar not regardd in the construction industry can be subjected to un-ethical praxiss and this whitethorn lead to their development. Due to the many problems ca utilize by these un-ethical and non-reputable avowers to the homeowners and other seat craftals, the southern African government passed legislation in 2001 known as t he Housing Consumers Protection Measures Act. The intention of this Act is to guard homeowners against non-reputable contractors who build to nonstandard quality and then refuse to be held responsible. (Lee, 2008123)One factor which may deter people from using the go of a measuring stick surveyor is the c one timernal honorariums. According to look through by Cruywagen and Snyman (2005) captain cadence analyse function can be rendered as affordable in conspiracy Africa. The research shows that, due to the rivalrousness of the market, it has become the norm for sum surveyors to get down maestro fees.Cruywagen and Snyman (2005), state that there is a distinct relationship amidst the profitability for the amount surveyor and the value of a project. This squiffys residential projects are not profitable as compared to big industrial developments, shopping centers and so forth This may be the reason for the lack of marketing in the residential sector and why the genera l public is not aware of the mensuration survey profession.The purpose of this ingest is to identify and understand the special(prenominal) social function of the master key quantity surveyor in the construction industry and to explain the satisfying effect a quantity surveyor can have on a construction project.1.2 Problem StatementThe general public who is not complicated in the construction industry is unaware of the quantity analyse profession and the functions the quantity surveyor per attain and this lack of knowledge can lead to their exploitation if a quantity surveyor is not convolute.1.3 HypothesisFor the purpose of this written report the hobby hypotheses are unbending outThe general public is unaware of the quantity canvas profession and the services the profession provide.Fees associated with the quantity surveyor may trammel homeowners who are looking to complete a project with as little investment as possible, not realizing that the quantity surveyor can save you a substantial amount of money by providing you with expert advice on pecuniary and contractual matters.1.4 ObjectivesThis study has four primal objectives. The objectives are toOutline the specific share of the quantity surveyor.Realize the major effect a quantity surveyor can have on a building project s likewisel the general public aware of the quantity surveying profession and the functions the quantity surveyor performs.To learn why the general public is reluctant to use the services of a quantity surveyor.1.5 MethodologyA qualitative research antenna was follow for the purpose of this study. The research worker has conducted a comprehensive review of germane(predicate) books on the precedeic. The focus has been on the quantity surveying profession and the services it provide.Personal interviews have been conducted with master quantity surveyors. To understand the broader double members of the general public who recently became homeowners (of newly constructed buildings) was asked to complete a questionnaire. prudence has been given to whether or not the services of a quantity surveyor was utilise and if not, why?1.6 DelimitationsThe research is limited to the residential construction industry. The focus of the research is on the services of a master quantity surveyor and not that of the contractors quantity surveyor. Members of the general public who was approached with questionnaires was limited to those who were recently involved with the construction of a residential building.1.7 AssumptionsThe researcher assumed that all data unruffled are entire and all interviews and questionnaires conducted were answered truthfully.CHAPTER TWOTHE QUANTITY SURVEYING PROFESSION2.1 put togetheringIn this chapter all the literature on the related topic collected by the researcher pass on be reviewed. This review allow for hold literature on the history of the quantity surveyor, the contractors quantity surveyor, competencies of a profession al quantity surveyor, fees of the professional quantity surveyor, estimating and constitute advice as well as the use of a broadsheet of quantities. The core focus however go away be to outline the specific functions of the professional quantity surveyor.2.2 History of the quantity surveyorAccording to the Association of southeast African Quantity Surveyors (2010), the quantity surveying profession started with the turn of the nineteenth century. The first recorded use of the name Quantity surveyor was in 1859. Before then the terms measurer, Custom surveyor or surveyor were used.At that time it was custom for the surveyor to work for the master builders, measuring the faultless work and often submitting biased concluding accounts to the building owners. As a result of this way it became the norm for building owners to enter into a contract and invite biddings before any work commenced. According to Bowles Le Roux (19924), this gave leap to competition and builders tender ing realized that they were spending an immense amount of time and swither measuring and calculating to arrive at a tender figure. In addition there was the added danger that the builders interpreted the interior designers drawings unlikely which would lead to faulty pricing and result in the tenders not being calculated on an uniform tush.The builders realized that a surveyor could be employed to act as an unbiased person to measure the quantities on their behalf. This insured that the builders tendered on the very(prenominal) basis whilst sharing the greet for the surveyor. Building owners were afraid of unethical practice between the builders and the surveyor and realized it would be to their personal advantage to appoint and level the quantity surveyor. This is how the independent professional quantity surveyor gained adviser status.In southerly Africa the title quantity surveyor is reserved under the Quantity Surveyors Act of 1970 for the repair use by those who had ac quired the obligatory qualifications and experience stipulated under the Act. Furthermore, those persons mustiness archives with the southeast African Council for Quantity Surveyors before they can act as consultants to the general public (ASAQS, 2010)2.3 Contractors quantity surveyorThe main difference between a professional quantity surveyor and a contractors quantity surveyor is that the latter is employed by the construction company and not by the client. Dent (19707) states that a contractor who undertakes big projects will need a quantity surveying staff. The contractors surveyor will represent the contractor and the contractors interest will be the main priority.According to Cornick and Osbon (1994108), the contractors quantity surveyor spends comparatively the identical amount of time on cost planning, feasibility studies and tender appraisal as the professional quantity surveyor and significantly more on post-contract services but significantly less on preparing tende r documentation. Project cost control is one function that requires embody efficiency by both surveyors, the contractors quantity surveyor on behalf of the contractor and the professional quantity surveyor on behalf of the client.Cornick and Osbon (1994109) identified seven main functions for the contractors quantity surveyor namelyValuation of work consummate for payment from client and payment to subcontractor. endeavor of change due to variation from client or designer.Preliminaries allocation.Subcontractor accounts to agree tender and actual costs.Financial reporting for quarterly account forecasts.Cost report for plant and material use by company.Cost accounting for trade union movement use by the company.Clients expectations of project cost control will join on as the clients and their cost advisers become more complex. The clients will be expecting the cost of their buildings to be reduced to match their budget. Therefore contractors quantity surveyor must pass on to im proving their cost controlling and accounting capabilities for the construction companies that they work for.2.4 The professional quantity surveyorAccording to Bowles Le Roux (19923) the quantity surveyor is a professional consultant appointed by the client who wishes to invest in property development. It is the quantity surveyors responsibility to advise the client, architect and engineer on all financial and contractual matters from the pre-tender stage right through to the completion of the project.For the quantity surveyor to master this role he must develop a comprehensive rationality of the various construction methods and have a transparent understanding of the divergent forms of contract and sub-contract agreements available in the construction industry. The quantity surveyor must be capable of advising on the cost of pick construction methods and costs of opposite materials. An analytical approach must be adopted in finding beneficial solutions in the interest of the client.The Guide for Quantity canvas Appointments (2006) states that a professional quantity surveyor will draw on extensive cost information obtained from client databases and experience from other projects for effective budget setting. It is the quantity surveyors ongoing implementation of financial discipline in the battle regions of budget setting, alternative design option costing, cash flow predictions, final cost forecasting, focusing of variations including potential areas of dispute and timeous final account settlement, and so on that allows the maximum value for money requirement to be achieved.2.4.1 Standard quantity surveying servicesAccording to A Guide for Quantity Surveying Appointments (2006) the standard services that can be provided by a professional quantity surveyor areFinancial viability studies and the initial budget planning prior to the dilateed design to establish whether the project is feasible in terms of the clients financial budgetPreliminary cost studies and comparing alternative designs and materials in terms of in operation(p) and maintenance costsMonitoring the design as it evolves to ensure it waistband within clients budgetPreparing tender documentation for pricing by contractors and advising on contractual arrangementsEvaluating the submitted tenders and reporting on the suitability thereofNegotiating the contract sums with the individual contractorsPreparing cash flow predictionsPreparing cost reports at regular intervalsValuing construction work in progressPreparing the final account thus deter excavation the final costSettlement of the final costs with the contractor and sub-contractors.Additional specialist services that many quantity surveyors are experienced in providing areActing as project managerActing as article of belief agentConsulting on property developmentValuation of buildings for insurance purposes and so onActing as an expert witnessAdvising on the settlement of disputes through mediation and arb itration.Facilitating with fast track construction projectsProviding services for projects in engineering, mining and petro-chemical industries.It is recomm cease to employ the quantity surveyors full services as a professional consultant rather than in a technical/measurement role in order to utilize the quantity surveyors expertise to the best advantage.2.4.2 Competencies of the professional quantity surveyorCompetencies can be delimitate as the ability a person should have in a given occupational area subject to external and internal factors like organization size, type, and age (Barret, 1992). (Holmes Joyce, 1993) defined competence as a description of an action, a mode of behavior or burden that a person should be able to demonstrate, or the ability to transfer skills and knowledge to new situations within the occupational area.In the construction industry the quantity surveyor can be seen as the economic expert and cost accountant, whose services facilitate the client to ob tain the maximum value for the clients investment. There are three aspects which reflect value for a client in the construction industry, namely cost, time and quantity. Quantity surveyors add value to the construction project performance by using the tolerate competencies. It is wherefore in-chief(postnominal) for an assessment of the quantity surveyors competencies in order to highlight the keep relevance of their services in the construction industry (Nkado Meyer, 2001483).The Royal formation of Chartered Surveyors (RICS) set out the competencies required by professional quantity surveyors in three categories, namely radical -, core and optional competencies. circuit card 1 below presents the competencies in three categories. Under the structure of the RICS the basic competencies are present in all construction professions, the core competencies in the first place for quantity surveyors and the optional competencies are required for specialization in a specific field. turn off 1 Competencies set out by the RICS (Nkado Meyer, 2001484).A Study conducted by Nkado and Meyer (2001484) identified 23 defined competencies which apply to quantity surveyors in southernmost Africa. A questionnaire was sent to randomly selected members of the ASAQS of a dissimilar demographic background. The questionnaire listed the 23 competencies in alphabetical order.The respondents were asked to rate the importance of the competencies for a career as a professional quantity surveyor in South Africa at present, the importance in the future and the level of evidence of each competency in the quantity surveying profession. Rating worked on a scale of 1 to 5 with 1 being not important and 5 being very important. The researchers ensured the respondents anonymity to attain an honest response. add-in 2 Competencies ratings (Nkado Meyer, 2001487).Table 2 shows the ratings which have been converted to percentages for effective interpretation. It is arouse to note that three of the traditional core competencies are rated in the top vanadium competencies required by quantity surveyors in South Africa at present, the three being procurement and financial management, economics of construction and construction contract practice. The results showed that management orientated competencies were rated of higher importance for future services while the highest importance for current services were technically orientated.The five close to important competencies required by quantity surveyors in South Africa at present areComputer literacy and information technology procurance and financial managementEconomics of constructionConstruction contract practiceMeasurement.The five nearly important competencies required by quantity surveyors in South Africa in the future areComputer literacy and information technologyProcurement and financial managementEconomics of constructionProject managementMarketing.Competencies utilized by quantity surveyors with grea audition e fficiency in South Africa areMeasurementProcurement and financial managementProfessional practiceConstruction contract practiceEconomics of construction.It is evident that management orientated competencies will grow in importance and will replace the traditional technically orientated competencies as the core competencies of the quantity surveyor (Nkado Meyer,2001490).2.4.3 Professional quantity surveying feesThe fees constituted by professional quantity surveyors are proportionate with the work done for the client and according to A Guide for Quantity Surveying Appointments 2006 there are 5 options availableA time chargeA percentage fee based on a obligation recommended by The South African Council for the Quantity Surveying Profession (see Table 3)An agreed percentage of the contract valueA lump-sum fee any other fee arranged between the quantity surveyor and the client.2.4.3.1 Time ChargesThe followers recommended hourly time charges for the private sector were approved by T he South African Council for the Quantity Surveying Profession with effect from 1 January 2010 (SACQSP, 2010). (All pass judgment are exclusive of VAT.)Not exceeding 5 long time experience R 700-00Exceeding 5 years and not exceeding 10 years experience R 1 250-00Exceeding 10 years experience R 1 750-00Specialist work R 2 190-002.4.3.2 Percentage feesBy using table 3 a basic fee will be determined and multiplied by the abstract percentage (Table 4, 5 6). The basic fee shall be calculated on the value for fee purposes (see table 3).Table 3 Basic fee (SACQSP, 2010)Table 4 Appropriate percentages for building work (SACQSP, 2010)Table 5 Appropriate percentages for engineering work (SACQSP, 2010)Table 6. Appropriate percentages for management services (SACQSP, 2010)Once the primary charge (table 3) is established, the amount is multiplied by the appropriate percentage. In addition to this there will be a marginal rate which would be added to the primary charge. The gross amount will be payable to the quantity surveyor as the professional fees.2.5 Estimating and cost adviceAibinu and Pasco (20081258) states Pre-tender cost idea (or early stage cost estimation) is the forecasting of the cost of a project during the planning and design stage.Research done by Trost and Oberlender (2003) identified 11 factors that play a role in the precision of musical themes of which the 5 most important areProcess designEstimator team experience and cost informationTime spent on preparation of auspicateSite requirementsThe current labour and bidding climate.According to Bennett, Morrison and Stevens (1981) estimating is the main function of cost planning services provided by the quantity surveyor. They conclude that cost planning is un sure-fire without decent estimating. Morrison (198457) states that quantity surveyors have developed different methods for estimating to deal with the large variety of projects and designs. These different methods differ in detail with some estima tes being very thorough, for instance a priced commit of quantities. another(prenominal) may be very simple and only entail a simple lump sum estimate. All other factors being equal, the estimates trueness will increase as the detail and time spent in preparing the estimate increases.2.5.1 Clients pictureThe client, architect (design team) and the quantity surveyor are the most important members in the in the project briefing process. According to research done (Bowen, Pearl, Nkado Edwards, n.d.) it is vital to have an efficient client brief if the client is to reach his objectives with regard to the time, cost and quality of the project.In ample briefing of the design team by the client can lead to major frustration and unhappiness for the client. The brief procedure is the process where the client explains and spells out the objectives and requirements of a project (Bowen et al., n.d.). Bowen (1993) states that The purpose of this stage is for the clients to communicate to th e design team and specialist consultants their needs and objectives in initiating the project.For the client to be satisfied, the design of the building must execute the clients needs with regards to the technical aspects and quality standards. In addition to this the project must be sinless within the budget and on time (Seymour Louw, 1990). In order to achieve this, a enlarge and complete client brief is necessary to eliminate as many uncertainties as possible.2.5.2 Feasibility studiesafter the briefing process, the quantity surveyor will do a feasibility study. The outcome of the feasibility study helps the client to conciliate whether to go ahead with the project. A feasibility study is conducted to ascertain whether a project idea is economically viable (Hofstrand Clause, n.d.). It is the quantity surveyors responsibility to make recommendations to the client on the viability of the project and give professional advice on any alternatives.The feasibility study involves ec onomical and technical investigations that allow the client to decide whether to proceed with the project (Association of South African Quantity Surveyors, 2010). According to Hofstrand Clause (n.d.) a feasibility studyIdentifies alternatives.Identifies reasons not to proceed.Indicate new opportunities.Gives quality information for better ratiocination making.Assist in acquiring funding from banks and other investors.2.6 Use of tiptop of quantitiesAfter the quantity surveyor completes the elemental estimate the client will decide whether the project will go ahead or not. This decision is more often than not based on whether the estimate is within the clients budget or not. If the estimate is within budget the client should instruct the architect to prepare detailed working drawings for construction. The quantity surveyor can start with the preparation of the explanation of quantities once he has received these drawings (Bowles Le Roux, 1992).Davis, Love and Baccarini (200999) states that the distinction of quantities has 2 main uses and these can be categorized under pre-contract and post-contract stage. In the pre-contract stage the bill of quantities aid contractors to prepare their tenders. In the post-contract stage the bill of quantities assists the quantity surveyor and the contractor in the valuation of the work in progress and work completed for payment purposes.The bill of quantities is mainly used for tendering purposes. It enables contractors to prepare tenders using the same information which will lead to more accurate tender sums. The bill of quantities allow for a common basis on which the tenders can be compared. This brings about a competitive market (Kodikara, Thorpe McCaffer, 1993261).According to Bowles and Le Roux (1992) the bill of quantities describes the nature of the building. It is a document which lists all the items that need to be completed for the construction of the building. These items required for the completion of the building is measured from drawings and specifications received from the architect and engineers. The total cost for the project will be the sum of all the individual items added together. When these items are priced there must be an allowance for the carrying out of each item as well as a true-to-life(prenominal) profit margin.The information in the bill of quantities can be assort into three fundamental categories namely preliminaries, preambles and bills. The preliminaries of a contract entail all requirements of the project which do not have a direct touch on the construction works.The preliminaries of a contract may include wellness and safety requirements, access to and from site, accommodation for workforce, insurances required etc. Preambles define the standards of craft and materials to be used. The bills contain the measured items needed to complete the works and comprises of the description, units and quantities (Kodikara et al., 1993261).The bill of quantities, deta iled construction drawings, engineering drawings and specifications will be issued to building contractors. These documents form part of the tender documentation. The tender documents enable contractors to submit a competitive tender for a project and aid them in determining an accurate price for the completion of the building. A practical time limit is set for the contractors to price the bill. All tenders should be handed in before the undertake closing date.According to Davis et al. (2009103), the bill of quantities has various advantages to the parties involved in a projectPre-contract stageselective informationbase It provides a cost database for future estimatingFee calculation It provides a conclusive basis for the calculation of professional feesAsset management It provide data for asset management of finished building, insurance, maintenance schedules etc.Taxation Provide basis for precise preparation of depreciation schedules as part of the asset management plan.Post -contract stageAccurate progress payments It becomes a basis from which the interim payments can be evaluated. This insures work is done at a reasonable price and gives the contractor and client peace of learning ability that the contractor is not paid too much or too little for work completed.Pricing of contract instructions It provides a basis for the valuation of variations to the project.Risk management Prices from the contractor in the bill of quantities can be compared with current market related prices.According to Davis et al. (2009103), the major disadvantages of the bill of quantities are that the preparation is time consuming and it tends to increase cost.2.7 ConclusionIt is get from the above that the quantity surveyor can be a very valuable addition to the clients professional team. Quantity surveyors in South Africa are competent professionals. From the inception stage of a project, right through to the final payment, the quantity surveyor will give expert advice o n financial and contractual matters. The successful completion of a project can never be guaranteed due to the many uncontrollable factors in the construction industry. However having the services of a quantity surveyor at your disposal will greatly improve the chances of finish a project successfully and within budget.CHAPTER THREEMETHODOLOGY3.1 DataIn this chapter the data collection methods and the analysis of the data is explained. For the purpose of this study a qualitative research methodology was followed in order to test the hypotheses put forward. The research was conducted by way of a comprehensive literature review and collecting data through interviews and questionnaires. The research problem is mainly that the general public is unaware of the quantity surveying profession thusly data relating to the services that the quantity surveyor offer and the profession in general were required.3.2 Collection of dataBooks and journals on the related topic from local and world(pr enominal) sources were used for the collection of data. All the data was collected before the field work started and was done over a two month period. Furthermore, primary data was collected through personal interviews and questionnaires.Interviews were conducted with quantity surveyors. The interviews were informal but due to the researchers relative lack of experience in conducting interviews the questions were well prepared. Questionnaires were used to obtain the necessary data from members of the general public who were recently involved in the construction of a residential building. The questionnaires consisted out of open ended questions and were administered in person. To maximize to accuracy of the response the questions were short and in translucent language (Leedy Ormrod, 2005190).To insure the validity of the research an honest response is required. For this reason the names of individuals and the quantity surveying company approached for the research will be held confi dential.3.3 Data analysisThe qualitative data was organized, summarized and analyzed by the researcher in order to reach a conclusion and make recommendations. It should be noted that the sample is very small, but for the purpose of this study it is sufficient for the researcher to understand the problem at hand and reach a conclusion.CHAPTER FOURFINDINGS AND ANALYSIS4.1 IntroductionPrimary data was collected through interviews and questionnaires as explained in the previous chapter. Ten individuals who were recently involved in a residential project were approached to complete the questionnaire. This chapter will discus the findings of the questionnaire and will incorporate the data collected from interviews with quantity surveyors.4.1.1 Awareness of the quantity surveying professionFigure 4.1 Indicate the awareness of the quantity surveying profession.It was found that the large majority of the respondents were aware of the profession. However this does not necessarily mean they u nderstand what the profession entails. An interesting observation was that the respondent, who was not aware of the quantity surveying profession, was the only respondent under 30 years of age.4.1.2 thought of the quantity surveyorThe question was what the understanding of quantity surveyors was by the respondents. Three of the ten respondents had reas

Development of Primary Health Organizations in New Zealand

Development of special swell upness Organizations in clean ZealandBodyThe delivery of wellness deal out attend tos to the mess in every nation had always been a problem for the fundamental law considering there argon a lot of cyphers affecting its delivery. New Zealand is an modeling of a regime which delivers wellness make do to its citizens and permanent residents through public subsidies and insular insurance. Even with the help of unavowed insurance, there still exist a number of problems faced by the government.These problems revolve in the availability and availableness of wellness allot go. New Zealand has its concerns and these barriers to wellness alimony can be categorized into intravenous payding economic barriers, utilisation and socio-economic status, interplay of material, cultural and geographic factors, and the implications for the wider wellness schema (Barnett R. and Barnett P. 2003). all(a) of these factors have had an implication in the shaping of the national wellnesscare policy.The br otherly and economic inequality within New Zealand has widen substantially, thus parvenu initiatives have been made to address such problems. The government has learned its lessons from the forward health dust and is today undergoing constant changes and improvements. The policy formu juveniled is now more focused on cooperative over competitive models of service provision and giving emphasis on the delivery of principal(a) quill care as the key in achieving its goal of health for all and as a sign of overall improvement in the health system (Barnett R. and Barnett P. 2003).Ref Barnett, R., Barnett, P. (April 3, 2003). Primary health mete out in New Zealand Problems and indemnity Approaches. Retrieved from https//www.msd.govt.nz/about-msd-and-our-work/publications-resources/journals-and-magazines/social-policy-journal/spj21/21- aboriginal-health-care-in- clean-zealand-pages49-66.htmlEvidence of New Zealands attempts to develop better equitable policies was the writ of execution of New Zealand wellness dodge and Primary Health treat St come outgy (Minister of Health, 2001). The former had anticipated new arrangements and have chosen order health boards (DHBs) to implement these new policies. Within the charter of DHBs is the Primary Health Care Strategy (more late) that suggests new organisational structures. This newly proposed structure is known as principal(a) health organisations (PHOs), to solve problems relating to entrywayibility and availability in the provision of healthcare run. Moreover, primary health organisations address the lack of co-ordination surrounded by health standrs. Although the district health boards (DHBs) are well established and setting up of Primary health organisations is going well, there still lies uncertainty about achieving righteousice in the provision of health (Barnett R. and Barnett P. 2003).Economic Barriers to Primary Health Care in New ZealandJust like in many other developed countries, the economic restructuring in New Zealand and the abolishment welfare suppose had led to the increase incidence of poverty (Waldegrave et al. 1995, Jamieson 1998) and socio-economic disparities in health (Ministry of Health, 2000).In the beginning with the legislation of Social Security in 1938, medical go have been provided as free of service to the mass through government subsidies. However, it is also true that the subsidies did non cover 100% of the total damage of patient care. At first the effect to the masses was minor during seventies where there is long boom of prosperity in New Zealand. thence again, in 1980 the utilisation of the GP and other health services from the ethnic groups, including the positive class are diminishing due to the economic restructuring and suppuration constitute of doctor fees (Gribben 1992, Barnett and Kearns 1996).Utilisation and Socio-Economic StatusThe utilisation of health services according to socio-ec onomic status is mixed in New Zealand. A recent survey from the National Health Survey 1996/97 (Ministry of Health 1999) reports that people with pitiable-income status are more likely to have a loftyer(prenominal) frequency of visits to General Practitioner than families from a more affluent areas or people with a higher(prenominal) income. However, the results from the survey shows that people living in a less well-off area have a late desire behaviour and less visits to GPs because of cost. Key results from the survey are as followsPeople had continued to express their dissatisfaction towards the cost of GP fees. The percentage of patients who considered the GPs fee expensive as overly high or far too high rose from 32.3% to 68.3% from people paying $10 $14 and $15 $19 and some rose to 90% from people paying $25 or more (Fergusson et al. 1989).Patients with financial difficulties in obtaining health services favor to have a number of strategies, both(prenominal) active an d passive, such as late pursuit behaviour of care, delay in obtaining medication and seeking financial help from GPs (Barnett R. and Barnett P. 2003).Patients frequently change their doctors even when they dont want to.The introduction of Community Service Card (CSC) in 1992 is comparatively ineffective in doorwaying the health provision of care. There is a high level of unmet need among CSC existence. The reason for a rising unmet needs among the cosmos group was partly due to low usage by those empower and the stigma wedded to it (Barnett R. and Barnett P. 2003).Interplay of Material, Cultural and Geographic FactorsLow utilisation of health services in relation to health needs cannot be attached to cost alone. According to Barnett et al. (2003) it is also because of the interplay of factors material, cultural and geographic factors. It was proved in a survey that Mori and low-income New Zealanders have a low rate of GP utilisation given that the centres where set up to provi de service in a low-income population. The health centres were there to improve entree to care to Mori and low-income populace. The cost for the provision of service was minify as compared to the average cost. It was clear in the survey that financial barrier was not the reason except rather cultural values and expectations as well as the benefits from the services rendered (Barnett R. and Barnett P. 2003).It is also important to consider the geographic factors in understanding the levels of GP utilisation. There is a inviolate relationship between distance and copys of use in both hospital and GP services it is also not surprising that there is a sub pattern to it. People with poorer population have a 30% less white plague or budget in health as compared to the well-off population with 40% over funding as computed by the Health spineup Authority (Malcolm 1998b). It shows that the basing on the budget in each region, the number of GP available is also dependent on the budge t, thus with low budget comes less number of available GP and health centres while areas with higher budget comes a larger number of GPs available (Barnett R. and Barnett P. 2003).Implications for the wider health systemNew Zealand research had been focused on the different patterns in GP and hospitalisation utilisation. However, there is also another reason that can be attributed to the low health status among low-income population in the entry of health care services. There is a relationship between patient accession and average length of hospital confine. Reducing the average length of stay contributes in the increased rate of readmissions within the poor (Barnett R. and Barnett P. 2003).One factor that might have an effect in the rate of readmissions among the poor is that the access to primary care is prevented by circumstances such as distance, cost and availability of the service itself. It is said that the importance of primary care is grand in trim down or limiting hos pitalisation (Barnett R. and Barnett P. 2003).Primary Health Organisation ModelTo address the problems New Zealand has in the delivery of health care and to provide integrity to all, new initiatives were created. The development of primary care organisations (PHOs) created new frameworks for health service delivery and an avenue for change. Not hardly it involves the general practitioner and the community but it includes a wide var. of health providers to achieve the goal of giving equity in the access of health care provision. PHOs are a broad based organisation comprised of many primary care providers. These providers include midwives, iwi groups, and non-government organisations aside from General Practitioners. The new system is locally based, funds were computed through the affected population and PHOs are given an important role in formulating new public health initiatives. Partnership with Mori and with Pacific communities is expected and where if needed, Ethnic group rep resentation in the governance is allowed (Barnett R. and Barnett P. 2003).Potential Benefits of PHOsUpon the development of Primary Health Organisations, there are three potentials benefits that can be gained. One would be the likelihood of improving the population health is higher as compared to before, the rate of hospital admission volition decrease and an empowerment to both the health providers and the consumer. Although after the introduction of capitation, in itself, is not an assurance of an improved population health and access to health. However, there are evidence claiming that a country with strong primary health care and a fewer barriers to healthcare handiness have a better health outcomes (Barnett R. and Barnett P. 2003).A better primary health care have another advantage of potentially reducing the rate of admissions in hospitals. It is an important factor in determining health outcomes in New Zealand, given the case that it has a high rate of hospital admissions. With higher rate of admissions means higher hospital using up for the government. Although, there is no clear relationship between access to primary care and hospital admissions, there exist evidence that shows a simplification in healthcare cost reduces Ambulatory care sensitive (ACS) admissions just like in the United States. Some studies in New Zealand back it up with data showing after the removal of patient charges for credit a significant decline in hospitalisation was seen (Barnett R. and Barnett P. 2003).Lastly, with the development of primary health organisations with a greater emphasis in community allow for have the potential in increasing social empowerment in the poorer and disadvantage populations. This is important because cultural and economic barriers influence health seeking behaviour of an individual. Moreover, with the goal of fostering a broader links between health organisations, the potential of having a more holistic and social model of health is made. It has the possibility of not only improving the access to care but also other social conditions that foster inequalities in health (Barnett R. and Barnett P. 2003). remainderThe development of the Primary Health Care Strategy and the recent go on toward the development of PHOs in New Zealand has the potential to improve equity of access to care, reduce unnecessary hospitalisation and improve overall population health. It represents a fundamental shift in national primary health care policy away from an individual to a population focus (although this has been emergent among primary care organisations for some time), and from fee-for-service to a funding approach stressing capitation with reduced co-payments, with inter-regional distribution of funds based on population need. The potential is for a fairer system of primary health care where services will be more freely available to those in need (Barnett R. and Barnett P. 2003).However, improved equity of access may be difficult to a chieve, given the problems and risks in developing PHOs. In New Zealand these include fragmentation of providers, inadequate attention to the regional sensitivity of allocation formulas, concern over the extent to which funding should be based on individuals or areas, and the extent to which full participation of both providers and the public is secured. Given the significant additional investment by the government, PHOs will need to demonstrate not only fairer access to primary care reductions in health inequalities, but also improvements in population health overall (Barnett R. and Barnett P. 2003)..Gribben, B. (1992) Do access factors affect utilisation of general practitioners in South AucklandNew Zealand Medical Journal, 105453-455.Barnett, J.R. and R.A. Kearns (1996) Shopping around? Consumerism and the use of private accident and medical clinics in Auckland, New ZealandEnvironment and Planning A,281053-1075.Waldegrave, C., R.J. Stephens and P. Frater (1995)Most Recent Findin gs of the New Zealand Poverty Measurement Project, The Family Centre, Lower Hutt.Minister of Health (2001a)Minimum Requirements for Primary Health Organisations, Minister of Health, Wellington.Minister of Health (2001b)The New Zealand Health Strategy, Minister of Health, Wellington.Jamieson, K. (1998)Poverty and misfortune in Christchurch, Christchurch City Council, Christchurch.