A Lesson Plan for Teaching Rounding

In this lesson plan, 3rd-grade students develop an understanding of the rules of rounding to the nearest 10. The lesson requires one 45-minute class period. The supplies include: PaperPencilNotecards The objective of this lesson is for students to understand simple situations in which to round up to the next 10 or down to the previous 10. The key vocabulary words of this lesson are:  estimate, rounding and nearest 10. Common Core Standard Met This lesson plan satisfies the following Common Core standard in the Number and Operations in Base Ten category and the Use Place Value Understanding and Properties of Operations to Perform Multi-Digit Arithmetic sub-category.   3.NBT.  Use place value understanding to round whole numbers to the nearest 10 or 100. Lesson Introduction Present this question to the class: The gum Sheila wanted to buy costs 26 cents. Should she give the cashier 20 cents or 30 cents? Have students discuss answers to this question in pairs and then as a whole class. After some discussion, introduce 22 34 19 81 to the class. Ask How difficult is this to do in your head? Give them some time and be sure to reward the kids who get the answer or who get close to the right answer. Say If we changed it to be 20 30 20 80, is that easier? Step-by-Step Procedure Introduce the lesson target to students: Today, we are introducing the rules of rounding. Define rounding for the students. Discuss why rounding and estimation are important. Later in the year, the class will go into situations that don’t follow these rules, but they are important to learn in the meantime.Draw a simple hill on the blackboard. Write the numbers 0, 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 so that the one and 10 are at the bottom of the hill on opposite sides and the five ends up at the very top of the hill. This hill is used to illustrate the two 10s that the students are choosing between when they are rounding.Tell students that today the class will focus on two-digit numbers. They have two choices with a problem like Sheila’s. She could have given the cashier two dimes (20 cents) or three dimes (30 cents). What she is doing when she figures out the answer is called rounding—finding the closest 10 to the actual number.With a number like 29, this is easy. We can easily see that 29 is very close to 30, but with numbers like 24, 25 and 26, it gets more difficult. That’s where the mental hill comes in.Ask students to pretend that they are on a bike. If they ride it up to the 4 (as in 24)  and stop, where is the bike most likely to head? The answer is back down to where they started. So when you have a number like 24, and you are asked to round it to the nearest 10, the nearest 10 is backward, which sends you right back to 20.Continue to do the hill problems with the following numbers. Model for the first three with student input and then continue with guided practice  or have students do the last three in pairs: 12, 28, 31, 49, 86 and 73.What should we do with a number like 35? Discuss this as a class, and refer to Sheila’s problem at the beginning. The rule is that we round to the next highest 10, even though the five is exactly in the middle. Extra Work Have students do six problems like the ones in class. Offer an extension for students who are already doing well to round the following numbers to the nearest 10: 151189234185347 Evaluation At the end of the lesson, give each student a card with three rounding problems of your choice. You will want to wait and see how the students are faring with this topic before choosing the complexity of the problems you give them for this assessment. Use the answers on the cards to group the students and provide differentiated instruction during the next rounding class period.

Effects Of Coffee And Caffeine - 728 Words

â€Å"Did you know that over 400 million cups of coffee and 3.8 billion gallons of tea are consumed per day worldwide?† (Bytes, 2003/2017) Both of these beverages are drunk on daily biases for the same effect. That effect is caffeine. Caffeine is â€Å"a crystalline compound that is found especially in tea and coffee plants and is a stimulant of the central nervous system.† Everyone in the world thrives off these drinks. They need coffee and tea to â€Å"get them through the day.† The reason so many people drink tea and coffee is that people do not get enough sleep at night therefore throughout the day in order for them to function they consume tea and or coffee. Coffee and tea have effects that give humans a boost. These effects allow them to thrive†¦show more content†¦They also both have polo phenols found inside them. A polyphone is â€Å"a kind of chemical that (at least in theory) may protect against some common health problems and possibly cer tain effects of aging.† (1996-2017 Medicine Net, Inc) Some of these lasting benefits are that tea and coffees components help reduce the risk of cancers, olteraporasis, diabetes, and mellitus. Tea and coffee have a wide range of differences. For instance, tea as a whole is a better choice for you to drink. The reason tea is better is that tea has been proven to lessen the risk of esophageal cancer in women by 60%, prevent Parkinsons disease, improve bone density, decrease blood pressure, helps ease digestion and decrease the risk of a stroke. Tea also helps fend against dieses in your body. â€Å"Among other things, it contains â€Å"polyphones†Ã¢â‚¬â€antioxidants that repair cells and in doing so, may help our bodies fight help us fend off cardiovascular diseases, cancers, osteoporosis, diabetes mellitus and other maladies. And contrary to popular belief, it’s not just green tea that’s good for you. Black, white and red tea also has health-giving fla vonoids and polyphones.† (Mascercola, 2017 Romantic Homes) This will allow your body to stay as healthy as possible. Drinking tea compared to coffee is a better choice. Coffee has properties in its components that raise cholesterol. â€Å"Having high cholesterol can lead to the buildup of plaque in artery walls. This buildupShow MoreRelatedCoffee Daily: Windows to the World1571 Words   |  6 Pagesthe world wake up to a cup of coffee but is this harmful or beneficial? Research shows that the pros to coffee, at responsible amounts per day, outweigh the cons or negative effects of coffee and even have the same effects as medicines given over the counter at pharmacy or even prescribed by a pharmacist. Many people just drink coffee without even knowing the location of where coffee began but this can be very crucial to the understanding to finding the benefits of coffee. â€Å"In the Ethiopian highlandsRead MoreThe Impact of Drinking too Much Caffeine1275 Words   |  6 PagesAccording to an article from Caffeine Informer(2010), caffeine intoxication is now included in the DSM-5 physicians manual.The official diagnosis can be made when any 5 of the following symptoms are present: restlessness, nervousness, excitement, insomnia, flushed face, diuresis (you keep passing urine), gastrointestinal disturbance (upset tummy, diarrhea), muscle twitching, rambling flow of thought and speech, tachycardia or cardiac arrhythmia, periods of inexhaustibility, or psychomotor agitationRead MoreThe Effect of Caffeine on Plant Growth826 Words   |  4 PagesEffec | Effect of caffeine on plant growth | Description This science fair project was performed to find out the effect on plant growth of adding caffeine to the soil. The experiment was done by using mung bean plants and watering them daily with water, water mixed with caffeine and with a coffee mixture. Hypothesis The mung beans watered using the coffee mixture will grow the fastest. Overview Caffeine and plant growth The effect of adding caffeine to the soil and its effect on plantRead MoreCaffeine Is A Central Nervous System ( Cns ) Stimulant828 Words   |  4 PagesWhat is caffeine? Caffeine is a central nervous system (CNS) stimulant, having the effect of temporarily warding off drowsiness and restoring alertness. Beverages containing caffeine, such as coffee, tea, soft drinks and energy drinks enjoy great popularity: caffeine is the world’s most widely consumed psychoactive substance. In North America, 90% of adults consume caffeine daily. [1] Many natural sources of caffeine also contain widely varying mixtures of other xanthine alkaloids, including theRead MoreThe Effects Of Drugs And Its Effects On Society1670 Words   |  7 Pagesreal effects of drugs when they are about to use it. In today’s society, there are various types of drugs or substances that are either on the legal or illegal side. Just because a substance is legal does not make it beneficial and vice versa. The main categories of drugs are stimulants, depressants, and hallucinogens. The drug category that I would like to focus on is stimulants. The most heavily and frequently us ed stimulant, which is caffeine. Never does it cross someone’s mind that caffeine canRead MoreEssay On Caffeine1328 Words   |  6 Pages Today how many people drink caffeine daily and do not realize the harmful effects of doing so? Caffeine is found in many common drinks consumed by both adults and children on a daily basis. People are not concerned with the impact of caffeine on their bodies. Caffeine is addictive and the brain will become dependent on it to keep the mind awake. Caffeine keeps the body from falling asleep by blocking the adenosine receptors; adenosine is what makes the person sleepy. Caffeinated drinks are especiallyRead MoreSpeech on Caffeine Essay889 Words   |  4 PagesTitle: Caffeine Specific purpose: To inform my audience what exactly caffeine is, where it comes from, the benefits of caffeine and the negative effects of caffeine. Introduction A. Attention material: Do you ever feel like you will never make it through the day without caffeine? Is your first thought in the morning to get yourself a cup of coffee before you can even get your day started? B. Tie to the audience: I am sure that most of you do consume at least one form ofRead MoreEffects Of Caffeine On College Students Essay1435 Words   |  6 Pagesembed into the lives of students, caffeine also have become a necessity in student’s daily life as well. The workload of a college student can be overwhelming and it drive students to rely on caffeine. When they rely on caffeine for their body to function, they overlook an important aspect of their health conditions which is getting enough sleep. Losing sleep can make a big impact on a student’s ability to critically think, reason, and judge. Although, caffeine is consider a solution to any student’sRead MoreEssay On Caffeine1454 Words   |  6 Pagesadvised if the person does have this issue to use caffeine very carefully. There are many diseases that could possible get worse with the use of caffeine. Bipolar, Bleeding disorders, heart conditions, diabetes, diarrhea, epilepsy, glaucoma, osteoporos is, these are all diseases that could possibly be worsened by the use of caffeine or products with. In young adults drinking 4 or more cups of coffee significantly could risk heart attack and death. Coffee could stain someone’s teeth, it is also acidicRead MoreInformative Essay On Caffeine900 Words   |  4 PagesCaffeine. From your morning cup of coffee to the pain relievers for your headache, nearly 90% of Americans consume it daily, making it America’s most popular drug. Caffeine is the most widely used stimulant around the world and present in many different products including coffee, tea, energy drinks, chocolates, and over-the-counter medications. Caffeine is a stimulant to the central nervous system that can cause physical dependence, but doesn’t threaten the health of the consumer the way addictive

A Brief Note On Diabetic Foot Ulcers And Diabetes

Diabetic Foot Ulcers Abigail McBrien Introduction Diabetes, Diabetes Mellitus, is a condition that affects either the pancreas s ability to produce insulin, or the body s ability to effectively use the insulin produced. A common effect of diabetes is hyperglycemia – raised blood sugar (World Health Organisation 1999). The World Health Organisation states that, in 2014, the world prevalence of diabetes amongst adults (aged over 18) was 9% (World Health Organisation 2012). The organisation also estimates that more than 347million people worldwide, including 2.9million in the UK alone, have diabetes (Diabetes 2015). There are two types of diabetes. Type one, often referred to as juvenile diabetes, is common amongst children. It can,†¦show more content†¦Data from the National Health and Nutrition Examination Survey has found that more than 2 out of 3 adults is overweight or obese. This same survey found that 1 in 3 children and teenagers (aged six to nineteen) are overweight or obese. Being overweight or obese at such a young age will likely cause these children to develop many serious conditions later on in life, including: coronary heart disease, type two diabetes, and even some types of cancer. This paper will focus on a common, though not inevitable, side effect of Diabetes – Diabetic Foot Ulcers. An ulcer is a wound or sore that fails to heal correctly or at all. In well-developed countries, it is estimated that the annual incidence of foot ulcers in diabetic patients is 2%. However, in less-developed countries, where diabetes is more common, it is estimated to be much higher (Boulton 2005). The leading cause of hospitalisation, of diabetic patients, is foot disorders including ulceration, gangrene, and infection (Boulton 2005). Unfortunately, due to infection or severe ischaemia, an inadequate blood supply, a large number of these cases will result in amputation. Approximately 85 percent of all diabetes-related foot amputations, are predated by foot ulcers (Pecoraro 1990). In the US, patients with a diabetic foot ulcer see their outpatient carers on average fourteen times a year, and are hospitalised

Negative Effects Of Colonization Essay - 1217 Words

It is easy to see that throughout history there have been many instances of colonization. Colonization is defined as â€Å"The action or process of settling among and establishing control over the indigenous people of an area† (Oxford Dictionary Online). In many cases, this has been extremely detrimental to cultures of other civilizations. Culture is â€Å"the customary beliefs, social forms, and material traits of a racial, religious, or social group† (Merriam Webster Online). The overly ambitious use of colonization has not only stripped people of their culture and identity, but caused more harm than help. Many factors can influence colonization, including overpopulation, economic distress, social unrest, and religious persecution. Imperialism†¦show more content†¦Both the Spanish and the Portuguese exercised strict governmental control over their colonies and used them primarily as a basis for rich commerce with the parent government. Many of the places colonized by Spain and Portugal were left helpless like a child with no mother. The effect of the portuguese and spanish colonizations left the colonies discouraged from becoming economically self-sufficient. Things Fall Apart by Chinua Achebe is a book set in the Lower Niger at the turn of the 19th century. The book is about the tragic downfall of the protagonist Okonkwo and the Igbo culture due to the colonization and europeanization of the missionaries. While he is in exile in Mbanta, European missionaries come to his home village and start converting people to Christianity and changing their ideas of government and systems of beliefs. When he comes back to his village, everything is different and his life is flipped upside down. He feels overwhelmed and hopeless because his village is changing and he does not want it to. In Things Fall Apart, Achebe says â€Å"Now he has won our brothers, and our clan can no longer act like one. He has put a knife on the things that held us together and we have fallen apart† (Achebe 176). This quote shows how the missionaries changed the lifestyle of the Igbo peopleShow MoreRelatedWestern Colonization Essay1061 Words   |  5 Pagesinfluenced Indians on language. In old days, they usually used Hindi, but now they almost use English. Some changes are positive while others are negative. Overall, in my opinion, the changes made by mixing culture do more harmful to India than positive. The positive elements are transportation, political structure, advanced technology. The negative elements are language, traditional culture and religion problems. As English governed the India , they used an efficient way to destroy the revoltRead MoreResponse to A Pacific Reader: Literature, Culture and Text1673 Words   |  7 Pagesproject of reclaiming an identity following colonization is made all the more difficult due to the fact that an integral part of colonization is the (frequently intentional) demolition of indigenous culture, history, and identity, to the point that some indigenous people find it impossible to re-establish or re-frame their identity in terms other than those of the colonizer. This is particularly true in places like the Pacific, where the effects of colonization continue to reverberate, whether subtlyRead MoreRace, Ethnicity, Art and Film Essay826 Words   |  4 Pagesespecially African countries determines who gets what, when and how. It is a form of insufficiently developed class relations of production. Edward depicts that colonization especially in the Ireland. He attempts to appropriate Ireland into conventional post-colonial context. He uses the case study to illustrate that colonization had adverse effects to a country and promoted ethnicity related issues. Large populations of people live in western part of the country. He uses essentialist formulations to putRead MoreAltered Self-Image According to Thiongo, Orwell, and Kincaid1211 Words   |  5 PagesThe writer of the essay Decolonising the Mind, Ngugi wa Thiongo, expresses his views that Kenyans had been stripped of their native languages and lost an important way to express themselves. In the essay Shooting an Elephant, George Orwell presents imperialism metaphorically through the use of animals to illustrate the power and instability of imperialism. Jamaica Kincaid focuses her essay, On Seeing England for the First Time, on how her view of England ultimately changes when she visitsRead MoreThe Ideas of Reality and Percept ion in Heart of Darkness1350 Words   |  6 PagesDrawing upon our readings and class discussions, write an essay that focuses on a specific idea or textual effect in any one of the novels we have read (if you wish to reflect on any two novels, you may). Your essay should develop a coherent project that shows your understanding of the issues we have been analysing in class, and makes thoughtful use of the works of literary and cultural theory we have been reading. The Heart of Darkness explores reality and perspective inRead MoreWorld Issues : Personal Opinion1572 Words   |  7 PagesWorld Issues: Personal Opinion Essay- The Positives of Colonialism: Colonialism has been portrayed as leaving negative impacts on countries, however many do not take into consideration the positives effects of colonization. The people of Africa established a mainstream religion to follow (Christianity), including new laws and a new political system. Countries bonded with one another and signed agreements to prevent conflict between countries. It has benefited many people that were illiterate; schoolsRead MoreEssay on Indigenous Health Case Study1699 Words   |  7 Pagesand help as her mother has a diabetic leg ulcer and needs treatment so cannot travel. This essay will discuss about the health issues before colonization and after colonization, Jenny’s situation and how she faces the culture clash and dispossession, it will also look at the models of health and theories and how that affects Jenny’s life. Culture clash and indigenous dispossession at the time of colonization. Culture clash is how people behave, whether or not people recognise each other as humanRead More The Evil of Colonialism and Imperialism in Heart of Darkness by Joseph Conrad1559 Words   |  7 Pagesto believe certain things about colonialism, but his views change as he experiences the effects of colonialism first hand. This essay will look at Marlows negative view of colonialism, which is shaped through his experiences and from his relation to Kurtz.   Marlows understanding of Kurtzs experiences show him the effects colonialism can have on a mans soul.  Ã‚   Most of Marlows comments about colonization in general seem to defend or even praise the idea. He says the conquest of the earth,Read MoreThe Color Of Violence Haunani Trask Analysis1412 Words   |  6 Pagescountry as â€Å" a country created out of genocide and colonialism† (9). She supports her claim by informing us about ill health, militarization, and racism. In order to do so, she uses logos, ethos, pathos, and structures her essay by using cause and effect. Trask also structures her essay by dividing it in three parts. She first prepares the reader, then makes claims that are supported by evidence such as statistics, and lastly she proposes a solution. Her project for this article is to gain sovereigntyRead MoreLegacies Of Bandung : Decolonization And The Politics Of Culture Analysis1222 Words   |  5 PagesTwo, Vietnam War and during the Cold War. Pushing for independence and decolonization after being under someone else’s ruling for so long comes issues with in their own country or nation and confusion on how to proceed with their independence. In the essay Legacies of Bandung: Decolonization and the Politics of Culture, written by Dipesh Chakrabarty two issues are presented: Pedagogical issues and Dialogical issues, within the different countries and nations. He argues that these two types of issues

Review Of The Epic Of Gilgamesh - 1416 Words

Saif Alkaabi Rebecca Williams HY 101-104 03/10/2014 The Epic of Gilgamesh Introduction The Epic of Gilgamesh dates back to the eighteenth century from Mesopotamia and is believed to be a great work of literature. Some of the copies of this epic are known to be found in the ruins of a library of the Assyrian king Ashurbanipal. The story is about Gilgamesh, the King of Uruk and Enkidu, their friendship, how Enkidu dies and how Gilgamesh mourns the death of his friend. Most of this story is narrated from Gilgamesh’s point of view. The story is set in Mesopotamia and the portrayal of Gilgamesh is ironical. He is described as very rash and does not fear death in the early parts of the story. But towards the end he is obsessed with being alive and aspires for eternity. His quest for eternity takes him everywhere and he undertakes dangerous quests in order to live forever. However, whoever he meets especially Utnapishtim and his wife know more than Gilgamesh, the King of Uruk . Gilgamesh struggles so much to avoid death. At the death of his friend Enkidu, he is shatter ed and also become obsessed with his own life and so he embarks on a quest to find Utnapishtim, though there are several obstacles on the way. He believes that he would get eternal life from Utnapishtim, who had received eternal life from the Gods. The story’s theme throughout is that love can be a motivating force and the inevitability of death. The dreams that Gilgamesh and Enkidu have lead toShow MoreRelatedReview Of The Epic Of Gilgamesh 1407 Words   |  6 PagesSaif Alkaabi Rebecca Williams HY 101-104 20/10/2014 The Epic of Gilgamesh Introduction The Epic of Gilgamesh is the story about Gilgamesh, the King of Uruk and Enkidu, their friendship, how Enkidu dies, how Gilgamesh mourns the death of his friend and finally he understands enlightened truth . Most of this story is narrated from Gilgamesh’s point of view. The story is set in Mesopotamia and the portrayal of Gilgamesh is ironical. He is described as a king of immense vigor and strengthRead MoreReview Of The Epic Of Gilgamesh 1301 Words   |  6 Pagesby the protagonist. The Epic of Gilgamesh, a story written thousands of years ago by the ancient Sumerians, follows the same archetypes as any modern day quest story. Gilgamesh begins his quest when he is separated from his normal life in Uruk and meets Enkidu. He then loses Enkidu and leaves on another journey in search of immortality. He succeeds in finding immortality but ultimately loses it a short time later, and ends his quest when he returns to Uruk. While this epic tells an interesting storyRead MoreReview Of The Epic Of Gilgamesh 1097 Words   |  5 PagesN.K. Sandars, The Epic of Gilgamesh, is one of the most well-known stories in literature. Gilgamesh ruled the city of Uruk and one of the most advanced cities during the third millennium B.C. He orders his people to build the strongest walls by protecting them from dangerous attacks. In the Epic, he is described as physically strong, beautiful, and wise ruler of Mesopotamia. Yet, in the beginning, Gilgamesh was uncontrollable of his powers. His people can’t take it anymore and so they prayed to theRead MoreReview Of The Epic Of Gilgamesh 2187 Words   |  9 Pages Throughout the past century, it has been increasingly the case that authors and artisans utilize familiar stories and adapt them into a different medium. This practice of course, has been in place for many thousands of years, as we see the epic of Gilgamesh transcending its initial narrative to become more poetic, and weave itself into various mythologies, and Homers tales have long since made the rounds through all manner of works, whether narrative, paintings, plays or poetry. However, this practiceRead More A Comparison of the Epic of Gilgamesh and the Hebrew Scriptures1302 Words   |  6 Pages A Comparison of the Epic of Gilgamesh and the Hebrew Scriptures The Hebrew Flood story of Noah and his obligation to preserve man kind after God had punished all living creatures for their inequities parallels The Epic of Gilgamesh in several ways. Even though these two compilations are passed on orally at different times in history the similarities and differences invoke deliberation when these stories are compared. Numerous underlining themes are illustrated throughout each story. Humans areRead More The Influence of Women in Epic of Gilgamesh Essay580 Words   |  3 Pagesof Women in Epic of Gilgamesh Gilgamesh can be viewed as a writing that describes the social scene of the times it was written in. The characters of Enkidu and Gilgamesh are strong males. The roles of women in Gilgamesh are submissive and subtle. Women in this ancient Sumerian tale tend to be passive, but capable of influencing the outcome of events. Enkidu is a mighty force to confront. He is so strong that he is seen as a wild animal in his first appearances in the book. Gilgamesh is as strongRead MoreThe Epic Of Gilgamesh Essay1801 Words   |  8 PagesTonisia Tutt Professor Andre World Literature 1 October 11, 2015 The Epic of Gilgamesh does not quite have a happy end. Truthfully, Gilgamesh is not successful in his mission. It is shortsighted and deceived to expect that Gilgamesh, the saint, must be effective in his journey to hold the characteristics of courage. An unsuccessful journey not harsh any more than a courageous ending is essentially joyful. For recognitions of this, we need to look no more distant than the plenty of thoughtful legendsRead More12 Literary Piece1670 Words   |  7 PagesChristianity originating from Palestine and Greece 2. Koran: The Muslim bible originating from Arabia 3. The Iliad and the Odyssey: These have been the source of Myths and Legends of Greece. They were written by Homer. 4. The Mahabharata: The Longest epic of the world. It contains the history of religion in India. 5. Canterburry: it depicts the religion and customs of English in early days. This originated from England and written by Chaucer. 6. Uncle Toms Cabin: written by Harriet Beecher StoweRead MoreThe Epic Of Gilgamesh And The Iliad2165 Words   |  9 PagesInstructors’ Name Course Name Date Gilgamesh and Achilles as Portrayed in the Writings â€Å"Epic of Gilgamesh† and â€Å"The Iliad† â€Å"Epic of Gilgamesh† and â€Å"The Iliad† presented conflict between the ancient kings, the gods, and finest warriors with other ordinary community members. Throughout the writings Gilgamesh, the king of Uru Community, and Achilles, one of the greatest Greek warriors, struggled to resolve the conflicts between the gods and their community members. However, Gilgamesh misused his powers to a pointRead MoreWhat Makes an Epic Hero Essay1823 Words   |  8 PagesWhat is an epic hero? Although we would like to believe that a hero would always be there to save us as needed, that is not always the case. All heroes are different, but what makes them epic? Many would answer that question by saying because they are in an epic poem or story; however, that answer isn’t true. An epic hero, of course is in an epic narrative, but it is what they accomplish in that specific text. First, an epic hero has to make a grand journey and be in the Gods favor or shall we say

The Design and Construction Contracts Samples for Students .

Question: Requires Evidence of the Understanding of the Court Crocess, Risk Involved and Preparation use of Witnesses and The Role of Expert Witnesses in the Court Process ? Answer: Introduction Most of the contracts that people form are partly oral and partly written primarily in construction and building industry. Parties may agree in writing at first, but due to the demands of the structure or other circumstances, they decide to change some of the terms to cover the arising situations. Such contracts are sometimes efficient, and they provide a quick solution when modes of writing cannot be available at the moment. However, at times they can turn to a game for between a Principal and an Agent, something that raises a question to the validity of the contract. This paper will study a construction contract that was in writing at first between the builder and the architect, and the later the parties amended the contract to suit the drawings of the architect. Formation of a Contract between Agro Builders engages Ego Architects In deciding whether there is a contract between the parties or not, this paper shall analyze the elements of the contract as put by the law of contract, and it will then compare with the elements in these parties' contract. Before the rise of the dispute, the parties had a written agreement. Some of the terms of the agreement were that Ego Architects would prepare the drawing, and Agro builders were to pay for the drawings in 3-stages. The law of contract recognizes the existence of an enforceable agreement if these three elements exist. For one, the offeror should intentionally offer the offeree an offer, and then the offeree must willfully accept the offer.[1] Also, an offer should have no considerations.[2] Besides, the rules of acceptance state that the acceptance must be communicated to the offeror, and it should not have its conditions.[3] According to the information above, this paper concludes that there was a valid agreement for the formation of the contract. After the formation of the contract, contract law states that the parties must perform according to their obligations. If one party acts contrary to the terms that were agreed, then the innocent party has the right to rescind the contract. This means that Agro builders had all the right to refuse to pay Ego architects if it found for sure that the drawings were defective, and could no longer be bound by the duty to act in good faith which was an implied term of their contract.[4] By doing this, it could retain the payments until the defects were made. But still, rather than rescinding the agreement, the parties to the contract can waive the strict reliance on defective drawings or mutually agree to vary the work and use them.[5] In case such happens, the older contract becomes non-existence, and the terms of the new agreement predominate. So when Agro Builders and Ego architects decided to modify the contract so that it can accommodate the defective drawings, the drawings became admissible and therefore it's deemed that Ego architects performed its obligations. So with that, Agro Builders cannot go back to the old contract. Furthermore, the law of contracts acknowledges that acceptance of a contract can happen through the conducts of the parties.[6] So when Agro Builders used the drawings in the constructions, it impliedly accepted them in the construction, meaning that they were valid. This is sometimes called acceptance by conduct, and Agro builders were supposed to act in good faith as they had demonstrated while accepting the drawings. If there is anything like defects, its argued that the builder certifier should examine the structure carefully.[7] So it seems that Agro looked careful and impliedly accepted them though its conducts. For example, the Court of Appeal held that the contract to the deal demo' was binding to the parties even though they had not signed the agreement as per the requirements of the terms. The contract provided that the agreement won't be binding unless the parties append their signatures, but the court dismissed that clause by stating that the conduct of the parties implie d that they had accepted the contract.[8] Similarly, Agro Builders used the drawing with the new terms, and therefore could not go back to the old contract. Modification of a Written Contract by a Subsequent Oral Agreement The contract law recognizes two types of contracts. That is an oral contract and a written contract. The dominant contract is always the last one that was made before the parties acted. For example, in a case between Tekdata Limited v Amphenol, the court held that Amphenol was the last one to issue its terms, and then the parties started performing their obligation. With this, it then implied that Amphenol's declarations ruled the contract.[9] These kind assumptions are more prevalent in cases where one party commences work before the understanding of the terms, and it applies to both oral and written contracts. So in the case of Agro Builders and Ego Architects, it's true that there was a contract that dismissed the defective drawings. But after that, the parties went back to change that contract to accommodate the defective drawing, so the new contract would govern future conducts of the parties. The general terms in a construction contract is that after the parties have accepted the terms the contract, both parties have a duty to act fairly and in good.[10] Nevertheless, there is always a battle between oral agreement and written agreement. In most cases, the battle is a question on whether an oral contract can dismiss or modify a written contract. Courts have always enforced oral modifications under different circumstances. For an instance, in one case the court held that "An oral modification may be enforced if there is partial performance by one of the parties[11] So for Agro Builders and Ego Architect, there is a performance as they both started the construction with the amended contract. Additionally, Angro had rejected the drawings, but it can be assumed that it later it called Ego to amend the contract. Where one party induces the other to oral amendments, the court stated that "Once a party to a written agreement has induced another's significant and substantial reliance upon an oral modification, the first party may be estopped from invoking the statute to bar proof of that oral modification.[12] These facts were also explained in by Chew that inducing the other to carry out a task, and that parties performs with reliance upon that assurances, or representation the other party would be obligated to perform as it had promised.[13] Furthermore, the court allows parties to a contract to alter a written contract even where it contains clauses sheltering it from oral modifications. A useful example is in a case where the Court of Appeal nullified the decision of the High Court's after discovering that the High Court ruling didnt look at the expressions of the agreemen t. The Court of Appeal found no weight on a clause that rejected any future oral amendment made orally to the written contract.[14] However, the integration of modifications into the initial contract depends on some factors, comprising of the existence 'shield clause' and whether there was enough authority amounting to the amendment.[15] So since there was enough ground which was modifying the contract to create a room for the new drawings, Agro Builders should understand that even though the alterations were oral; they had the same effects as a written contract. The only thing that weighs here is whether both parties consented to the modification. With that, Agro retaining the money would destroy the sole purpose of the principals retaining the money. It is well clear that money cannot be retained again after there has been completion.[16] Legal Principles Applicable with the Hierarchy of Contract Documentation Constructions work always involves a heap of documents, and the vast number sometimes is always a problem when it comes to dispute resolutions. Byrne J stated that construction disputes "involve consideration of an enormous number of documents and due to the availability of modern computerized techniques for document management means that there is now no incentive to limit the number of these documents deployed at trial.[17] Above all, these documents are part and parcel of a construction contract, and a successful project depends on the use of each document.[18] On the other hand, these documents sometimes become a problem at sometimes of the construction process. The challenges arise from the enormous volume of these papers since they are all part of the contract, and the more they are, the higher the chances of discrepancies of the data. The main problem arises when a solution to an individual problem relies on the provision of one document, causing a need to have one document rul ing the others when all the papers provide different information.[19] Considerably, big projects hold numerous of these contract papers. The project manager arranges all of the papers hierarchically in order, and their layout simply signifies the order that any person using them should follow. In most cases, the filing starts with the construction contract, then it's followed by the specification document, and the drawings follows as third. Lastly, the bills of quantities or scheduled rates are attached at the bottom of these documents, and any other document following after this may call follow the same order.[20] Regarding future disputes, its very common that the contracts will have a clause designating how the parties would refer a conflict arising from these references to these documents. About this, the most common approach gives more authority to the contract among other papers.[21] Apart from the provisions of the contract for handling document discrepancies, there are other methods that project managers can consult. Among these are the principles of common law. For instance, the common law suggests that the users can resolve the confliction data by interpreting the document in a reasonable person's thinking when given all the background that the parties have.[22] Another suggestion from the common law is that parties can try analyzing the ambiguities to find a solution.[23] Also, the management can find a solution by looking at the contract document as a whole. And finally, the management can try to remove any literal application if its the one leading to the errors or mistakes. Parties can reflect on the application of these common law principles to see whether they can eliminate the ambiguity arising from the reference to the hierarchy. Egal Effect of stamping the specifications approved on any future contractual position Stamping specifications or authorizing any action in a construction falls under the duties of the engineer or architect. These duties also bestow on the engineer all the liabilities that may come due to defects or negligence that falls within its authority. In most of the constructions, the engineer is responsible for both contractual and legal professional duties owed to the owner. Not only that, but it also owes professional legal duties to the contractors. Generally, the supervising authority gives the Architect a professional control and management. Plus it also vests all the liabilities including those that may arise from their negligence. For instance, a poor interpretation of misconception of the figures can lead to defective construction, and all these liabilities would fall on the engineer. Likewise, the engineer cannot blame the contractor or the owner over any figure that's found on the construction documents. To some extent, the liability of the architect is not limited within his/her expressed terms; sometimes it can go outside the stipulated duties. For instance, an engineer would be held liable of authorizing defective drawing that the contractor or owner brings to the site. For example, the court held that the engineer was liable for damages that occurred out of his failure to inform the owner of the errors made by the contractors.[24] Also, whenever an architect stamps the construction specifications, it implies that he/she accepts all damages that may arise as an outcome of his/her authorization. In simple, stamping documents gives the architect an obligation to review the plans and eliminate all errors that may cause some damages. The court made the same remarks as "the responsibility of an architect may be similar to that of a lawyer or a physician: the law requires the exercise of ordinary skill and care common to the profession."[25] Additionally, the responsibilities of the architect for reviewing construction documents can arise even after completion of the construction. For example, a judge ruled against the architect after a boy fell from the diving platform out of Architects recommendations. In the in the ruling, the judge stated that architect owes a duty to any person who lawfully resides within the premises.[26] Furthermore, the architects' overall authorization doesnt bequeath them the authority to shift the burden to the owner. For example, sometimes an engineer may follow his/her own conscious and modify the contract adding more burden to the owner or the contractor. If such a thing happens, the court will always overturn such decision and award damages to the afflicted party.[27] In general, project documents such as plans and specifications work together to define the end results of the construction. The drawings graphically illustrate the work results expected. If an engineer missed any of these, the entire construction would have some defects, and such may cause accidents in future. All these will heavily come down to the architect. Formulated Procedures for Avoiding Amendment Problems In the course of Construction Ariation Management The contract documents for a typical construction project consist of the Agreement itself, the General Conditions, Technical Specifications, and numerous Drawings. Additionally, some provisions are covered by reference to another document. Unfortunately, contract documents often fail to adequately describe, define, or delineate the work to be performed. This generates some of the so-called scope-of-work disputes. Such disputes center on the nature and extent of the performance obligation. The most frequent cause of such disputes is the lack of detail in drawings or lack of specifics in specifications. The problem with drawings is most common on small projects where design costs, and therefore the number of drawings, are held to a minimum. If the drawings lack sufficient detail, the contractor will have to rely on what it understands is expected. This may or may not coincide with the intentions or expectations of the owner or designer. Specifications problems usually result from lack of attention during the specification process. The widespread use of canned or off-the-shelf specifications and manufacturers specifications is another large contributor to the number of disputes occurring. Errors of omission or ambiguity are frequent and, unfortunately for the owner, are generally interpreted in favor of the contractor. Specifications and drawings, as well as construction documents, should be correct, complete, clear, and concise. Problems also occur when specifiers resort to broad, subjective generalities (e.g., in accordance with highest industry standards) rather than describing the work objectively and in detail. Avoiding Scope-of-Work Problems The best but most difficult way to avoid scope-of-work problems is outlined in the following guidelines: 1. Provide adequate budget for drafting specifications. 2. Work with a set of carefully prepared, carefully coordinated front-end documents. 3. Place control of each set of project specifications in the hands of a sin gle, qualified specifications engineer or require that all specifications be subject to his or her review and editorial control. 4. Do not mark up previous job specifications to create another set of job specifications; always work from the same set of master specification documents for every job. 5. Update the master specification at least annually to keep current with industry standards, codes, and laws affecting construction. 6. Use the same set of front-end documents on all projects to minimize contract administration problems and to ensure that there has been no contractual variation in the owners risk posture. 7. Front-end documents should not be edited by project engineers. All changes to front-end documents should be subject to review of both legal and construction management personnel with specific experience in construction contracts management. While the foregoing will go a long way toward improving the specifications product, it is important that every office either esta blish a specifications department or at the very least designate a Specifications Engineer to control specification standards and policies. Use of Experts Expert determination is a resolution method where the third party with expertise in a particular field brings the disputing parties to an amicable decision.[28] In engineering or construction projects, disputing parties may use an expert determination to issue a valuation or of work completed. The expert may assess the quality of work delivered, or a determine other facts or legal issues in dispute. For example, a contract administrator can act as a third party, in verifying the value of work completed by the contractor. In that case, such an administrator would be acting in the capacity of offering expert determination. When an expert determination is used to solve disputes, it's usually perceived as holding grand benefits over both litigation, and arbitration.[29] So in our concerned case, the parties can also call the help an expert to help Agro and Ego settle their case. Substantiating the Claim Over Incomplete Specifications For any party looking to acquire a relief from a breach of contract, that party must substitute their claim. In reality, the weight of the case matters with how individuals substantiated their evidence. In other words, the party that brings most reliable documentation to the court always gets the expected winning. The problem comes when the innocent party doesn't know or have the necessary files. In such cases, the court may either dismiss the case or rely on the little evidence provided. For Agro to get the most out of its case, it must provide the court with documents such as the correspondence files. Bringing these files to the court will help the judge to understand how the dispute unfolded starting from the time when there was no project. In other words, the judge will first need to look at the contract since it's the one that brought the parties together. Also, within the correspondence files, it would be good to have daily reports of what was happening during the development of the agreement. Such a report would help in understanding the lineup of events, progress, and costs of the project. Other documents that can also support the case are the payroll records or the delivery Receipts. Also, it would be good to bring the project schedules to show the execution plans. Lastly, pictures of the development would be good to help the judge to understand the situation practically. To some situations, the parties may need to bring in the evidence from the expert witness. However, judges value different factors when deciding on the admissibility of the expert evidence. In determining whether the evidence would be acceptable or not, the judge may first check whether it's possible to test its technicality. Simply, this checks whether the techniques used in acquiring the evidence were prone to realistic errors and whether the technique had a reasonable rate of mistakes.[30] If there are present, the court would also look to see whether there are principles applicable for limiting such technical errors. Also, in claims trials, expert evidence is admissible only if it brings the judge a picture of the problem or helping the jury understand the errors. Comparatively, if the evidence is not coming from a satisfactory foundation, it is no doubt that the court will reject it. On the same token, the court will dismiss any expert testimony if the expert relied on speculations, or if the expert used his or her assumptions that had unsatisfactory factual grounds. For example, the court dismissed evidence that failed to show all the variables comportment on the practical facts.[31] Other than those reasons for dismissing expert witness, there are some instances where such evidence becomes a problem rather than a help. For example, when experts involve themselves too much in the project, they might develop some interest leading to biased evidence. Coupled with that, an expert witness can sometimes become too expensive.[32] Bringing a Claim a Claim within the Scheme of the Building Industry Security of payment Act (Victoria). The 'Building and Construction Industry Security of Payment Act (SOP)' helps people to secure their payments made in a construction job or people who supply goods and services to a building contest. In making a successful claim, this acts illustrates some standards that every claim should follow. For example, the law set that each payment claim must be served on the respondent. The claim should have the earliest date. That is the date when the claim was made.[33] And, it should have both reference date and the latest date that the claim can be served. While making a claim, the claimant should claim for the unpaid amount by the reference date, and the amount should reflect the price agreed in the contract. If the contract doesn't mention the price, the claimant can do a valuation of the completed work and claim the calculated price. The act illustrates various types of dates. In particular, there is the periodic progress payment, final payment or a single payment. Parties to a contract are free to specify the reference date and the latest date. When it comes to a periodic progress, the should wait for three months after the reference date. Also, a periodic progress payment allows the lapse of not less than three months and one day before serving a payment claim. After making an application for a final payment, there should be no further claims. While making periodic progress claims, it's good for the claimant to understand that contract providing for a single payment would be exempted from this application. The rest contracts allow periodic claims as the contract proceeds. At the same time, the contract can set dates for making periodic claims. If no such provision, the claimant can make a claim after 20 business days counting from the date the work commenced. For a final payment claim, the Act allows the parties to a contract to prescribe the dates for making a claim. If no date, then the contract should provide for a final certificate, with the earliest date being the date following the final claim. Progress payments also cover single or one-off time payment claim. In most cases, this type of payment works on short job contracts which have specified sum. Also, it includes instances where the claimant should receive the payments before work the job is carried out. Conclusion Construction disputes are very popular despite the many documents. The only thing to understand is that whatever the number of documents they parties, have, the court will always give the contract more priority. The court recognizes that the contract gave birth to all the other documents, and hence it should rule them in the times of disputes. References Brudner A, The Unity Of The Common Law (2nd edn, OUP Oxford 2013) McKendrick E, Contract Law (11th edn, Palgrave Macmillan 2015) Andrew C, 'Alliancing In Delivery Of Major Infrastructure Projects And Outsourcing Services In Australia - An Overview Of Legal Issues.' (2004) 21 The International Construction Law Review https://trove.nla.gov.au/version/90365263 accessed 11 May 2017 Jenkins J, The American Courts (11th edn, Jones and Bartlett Publishers LLC 2011) Stone R, The Modern Law Of Contract (11th edn, Routledge 2015) Ulbrick D, Tradies And The Trade Practices Act ( 2009) 25 BCL 8 Byrne D, The Future of Litigation of Construction Law Disputes, Speech delivered at the Reception to Announce His Honours Appointment as the Patrol of the Construction Law Program (University of Melbourne, 5 September 2007) Klinger M, and Susong M, The Construction Project (3rd edn, Tort Trial and Insurance Practice Section, American Bar Association 2006).. Davison R and Mullen J, Evaluating Contract Claims (2nd edn, Wiley-Blackwell 2009) Pickavance K, Construction Law And Management (1st edn, Taylor and Francis 2013) William J Chambliss, Courts, Law, And Justice ( Sage 2011). Cases Adelaide City Corp v Altermann (1987) 46 SASR 186 Ambassador Baptist Church v. Seabreeze Heating and Cooling Co., 184 N.W.2d 568, 28 Mich. App. 424 (Ct. App. 1970). CJP Builders Limited v William Verry [2008] EWHC 2025 (TCC). Fenice Investments Inc v Jerram Falkus Construction Ltd [2009] EWHC 3272 (TCC) Francisco v. Manson, Jackson Kane, Inc., 377 N.W.2d 313, 145 Mich. App. 255 (Ct. App. 1985). Globe Motors and RW Lucas Varity Electric Steering Ltd. [2016] EWCA Civ 396 Green v. Millman Brothers, Inc., 151 N.W.2d 860, 7 Mich. App. 450 (Ct. App. 1967) Heart Research Institute Ltd v Psiron Ltd [2002] NSWSC 646 Hyundai Motor Company, Ltd. v. Duncan, [2015] 766 S.E.2d 893, 289 Va. 147 Jones V. City Of Albertville, Civil Action No. Cv-12-S-96-NE (N.D. Ala. Oct. 28, 2014). Keane Telecom Consulting, Llc V. Manhattan Telecom. Corp., 2013 N.Y. Slip Op 32261 (Sup. Ct. 2013). Kerry, Inc. v. Angus Young Assocs., Inc., (Wis. Ct. App. 2005) 694 N.W.2d 407 Lewis Construction (Engineering) Pty Ltd v Southern Electric Authority of Queensland [1976] 50 ALJR 769 Maggbury Pty Ltd v Hafele Australia Pty Ltd [2001] HCA 70 210 CLR 181. Reveille Independent LLC v Anotech International (UK) Ltd [2016] EWCA Civ 443 Scientific Elec. Co., Inc. v. ADG Park Constr. Group, LLC, 2013 N.Y. Slip Op 31251 (Sup. Ct. 2013). Tekdata Interconnections Ltd v Amphenol Ltd [2009] EWCA Civ 1209 Pratt Contractors Ltd v. Transit New Zealand (New Zealand) [2003] UKPC 83 Legislations Building and Construction Industry Security of Payment Act 2002 (Victoria) [1] Alan Brudner, The Unity Of The Common Law (2nd edn, OUP Oxford 2013). [2] Ewan McKendrick, Contract Law (11th edn, Palgrave Macmillan 2015). [3] Jeffrey A Jenkins, The American Courts (11th edn, Jones and Bartlett Publishers LLC 2011). [4] Chew Andrew, 'Alliancing In Delivery Of Major Infrastructure Projects And Outsourcing Services In Australia - An Overview Of Legal Issues.' (2004) 21 The International Construction Law Review https://trove.nla.gov.au/version/90365263 accessed 11 May 2017. [5] Lines MacFarlane Marshall Pty Ltd v Fletcher Construction Australia Ltd (2000) VSC 358 [6] Richard Stone, The Modern Law Of Contract (11th edn, Routledge 2015). [7] David Ulbrick, Tradies And The Trade Practices Act ( 2009) 25 BCL 8 [8] Reveille Independent LLC v Anotech International (UK) Ltd [2016] EWCA Civ 443 [9] Tekdata Interconnections Ltd v Amphenol Ltd [2009] EWCA Civ 1209 [10] Pratt Contractors Ltd v. Transit New Zealand (New Zealand) [2003] UKPC 83 [11] Scientific Elec. Co., Inc. v. ADG Park Constr. Group, LLC, 2013 N.Y. Slip Op 31251 (Sup. Ct. 2013). [12] Keane Telecom Consulting, Llc V. Manhattan Telecom. Corp., 2013 N.Y. Slip Op 32261 (Sup. Ct. 2013). [13] Andrew C, 'Alliancing In Delivery Of Major Infrastructure Projects And Outsourcing Services In Australia - An Overview Of Legal Issues.' (2004) 21 The International Construction Law Review https://trove.nla.gov.au/version/90365263 accessed 11 May 2017 [14] Globe Motors and RW Lucas Varity Electric Steering Ltd. [2016] EWCA Civ 396 [15] Green v. Millman Brothers, Inc., 151 N.W.2d 860, 7 Mich. App. 450 (Ct. App. 1967). [16] David Ulbrick, Tradies And The Trade Practices Act ( 2009) 25 BCL 8; Retention moneys and Part IVA of the TPA [17] David Byrne, The Future of Litigation of Construction Law Disputes, Speech delivered at the Reception to Announce His Honours Appointment as the Patrol of the Construction Law Program (University of Melbourne, 5 September 2007) [18] Marilyn Klinger and Marianne Susong, The Construction Project (3rd edn, Tort Trial and Insurance Practice Section, American Bar Association 2006). [19] Fenice Investments Inc v Jerram Falkus Construction Ltd [2009] EWHC 3272 (TCC) [20] R. Peter Davison and John Mullen, Evaluating Contract Claims (2nd edn, Wiley-Blackwell 2009). [21] CJP Builders Limited v William Verry [2008] EWHC 2025 (TCC). [22] Maggbury Pty Ltd v Hafele Australia Pty Ltd [2001] HCA 70 210 CLR 181. [23] Lewis Construction (Engineering) Pty Ltd v Southern Electric Authority of Queensland [1976] 50 ALJR 769 [24] Kerry, Inc. v. Angus Young Assocs., Inc., (Wis. Ct. App. 2005) 694 N.W.2d 407 [25] Ambassador Baptist Church v. Seabreeze Heating and Cooling Co., 184 N.W.2d 568, 28 Mich. App. 424 (Ct. App. 1970). [26] Francisco v. Manson, Jackson Kane, Inc., 377 N.W.2d 313, 145 Mich. App. 255 (Ct. App. 1985). [27] Tomlinson v Ashland County (1919) 173 NW 300, 170 Wis 58. [28] Keith Pickavance, Construction Law And Management (1st edn, Taylor and Francis 2013) [29] Heart Research Institute Ltd v Psiron Ltd [2002] NSWSC 646 [30] Jones V. City Of Albertville, Civil Action No. Cv-12-S-96-NE (N.D. Ala. Oct. 28, 2014). [31] Hyundai Motor Company, Ltd. v. Duncan, [2015] 766 S.E.2d 893, 289 Va. 147 [32] William J Chambliss, Courts, Law, And Justice ( Sage 2011). [33] Building and Construction Industry Security of Payment Act 2002 (Victoria)

Lamar Swimwear free essay sample

This ratio is also used by creditors to evaluate a company’s’ ability to payback debts or loans. If their ratio is low they are less likely to receive a loan, due to the fact that they have more expenses then they do resources coming in. Selected industry ratios indicate that most companies increase their current or liquidity ratio at an average rate of . 22 times per year. Lamar Swimwear’s current ratio is at a rapid decline of an average of . 35 times per year, thus making Lamar Swimwear a company that would need a lot of improvement to become a worthwhile investment. In conclusion, reviewing all of the data that was analyzed throughout this paper it is easy to conclude that with the declining ratios of profitability, assets and resource efficiency Lamar Swimwear would not be the best company to make an investment in. In order for the company to be a wise investment choice there will need to be an increase in sales to cover the rising cost of goods. We will write a custom essay sample on Lamar Swimwear or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page If the market rates go down by even half of the first year increase, which would be $120,000, Lamar Swimwear would be in a much better position to raise their ratios and become a contender in a thriving industry. My suggestions for Lamar Swimwear would be to increase the price in which they are selling their products or find a more cost effective manufacture. With these changes they can increase their profitability while cutting down the amount of money they are paying for the production of their product. While Lamar Swimwear started off as a thriving company within its industry, the ability to keep up with the changes of the economy and industry changes has proven to be more than the company can handle.