While NEC contracts promote collaboration and flexibility, some potential
disadvantages compared to FIDIC and JCT include a higher administrative
burden, a need for detailed understanding and administration, and a less
structured approach to risk allocation.
Here's a more detailed breakdown:
NEC Disadvantages:
Administrative Burden:
NEC contracts can be more complex to administer, especially for
smaller projects, due to the need for regular project meetings and the
generation of a large amount of documentation.
Detailed Understanding Required:
NEC contracts require a more detailed understanding and
administration compared to JCT and FIDIC, which can be challenging
for parties unfamiliar with the NEC approach.
Less Structured Risk Allocation:
While NEC emphasizes collaboration and proactive risk management,
some argue that the risk allocation is less structured compared to the
more traditional approaches of JCT and FIDIC.
Potential for Misinterpretation:
The use of plain English in NEC contracts, while intended to enhance
understanding, can sometimes lead to ambiguity or misinterpretation,
especially if the parties are not fully versed in the NEC approach.
Not Suitable for all Projects:
NEC contracts may not be the best fit for all types of projects,
particularly those with a high degree of complexity or where a more
traditional, prescriptive approach is preferred.
More Detailed Programme Required:
NEC demands a more detailed programme to be submitted at regular
intervals, which can be more challenging to manage than the more
flexible approach of JCT.
FIDIC and JCT Advantages (relative to NEC):
Structured Risk Allocation:
FIDIC and JCT contracts provide a more structured approach to risk
allocation, which can be beneficial for parties who prefer a more
defined and predictable framework.
Established Processes and Procedures:
FIDIC and JCT contracts have well-established processes and
procedures, which can be easier for parties to understand and follow.
Suitable for Traditional Projects:
JCT contracts are well-suited for traditional construction projects within
the UK, while FIDIC is often used for large-scale, international
infrastructure projects.
In Summary:
The choice between NEC, FIDIC, and JCT depends on the specific
requirements of the project, the stakeholders involved, and the desired
approach to risk management, flexibility, and dispute resolution. NEC
excels in promoting collaboration and flexibility, but it may require a greater
level of understanding and administration. FIDIC and JCT offer a more
structured and traditional approach, which may be better suited for certain
project types and stakeholder preferences.
Here's a more detailed explanation:
Covenantor:
The person who makes a promise or undertakes an obligation in
a covenant.
They are the party burdened by the covenant.
In the context of property law, the covenantor is the landowner
making the promise, and their land is the burdened land.
Covenantee:
The person to whom the promise or obligation in a covenant is
made.
They are the party who benefits from the covenant.
In the context of property law, the covenantee is the landowner to
whom the promise is made, and their land receives the benefit.
[Your Company Letterhead]
[Date]
Immigration Service Delivery
[Address of Immigration Service Delivery]
Subject: Letter of Support for Stamp 4 Application - [Employee Name]
Dear Sir/Madam,
This letter is to confirm the employment of [Employee Name] at [Your
Company Name] in the position of [Employee's Job Title]. We are writing in
support of their application for a Stamp 4 immigration permission, as they
have successfully held a Critical Skills Employment Permit for 21 months
and are now eligible to apply for permission to remain in Ireland without an
employment permit.
Employee Details:
Name: [Employee Name]
Passport Number: [Employee's Passport Number]
Date of Birth: [Employee's Date of Birth]
Current Position: [Employee's Job Title]
Start Date of Employment: [Employee's Start Date]
End Date of Employment Permit: [Employee's Employment
Permit End Date]
Full Time/Part Time: [Full Time/Part Time]
Company Details:
Company Name: [Your Company Name]
Registered Office Address: [Your Company Address]
Company Registration Number: [Your Company Registration
Number]
Business Activity: [Your Company's Business Activity]
Contact Person: [Your Name]
Telephone Number: [Your Phone Number]
Email Address: [Your Email Address]
We confirm that [Employee Name] has been a valuable member of our
team since [Employee's Start Date], and their contributions have been
significant to our company's success. We are happy to support their
application for a Stamp 4 permission to remain in Ireland.
Please do not hesitate to contact us if you require any further information.
Yours sincerely,
[Your Name]
[Your Title]
[Your Company Name]
Contractual term or representation
Click the card to flip 👆
- Statements made during the course of negotiations could amount to a
contractual term or a representation.
- It is important to know whether a particular statement is a contractual term
or if it is a representation as this will determine the appropriate cause of
action and remedy available. - If the statement amounts to a term of the
contract which is not fulfilled, the innocent party may sue for breach of
contract.
- If the statement is merely a representation which turns out to be untrue,
the innocent party may bring an action for misrepresentation
RESTRICTIVE COVENANTS & POSITIVE
COVENANTS.
One of the first things anyone who buys a property has to come to
grips with is the nature of covenants governing his or her land. A
covenant is a legal obligation to perform or not to perform certain
acts with respect to property. If the obligation restricts the use and
enjoyment of the land it is called restrictive covenant. Examples of
restrictive covenants are not to use the property other than for
residential purposes or not to build any structures on the
property. In contrast, an obligation which requires expenditure of
money or maintaining a fence or any structures on the property is
called a positive covenant.
Restrictive covenants usually run with the land which means they
bind anyone who becomes the legal owner. So for example if the
land is subject to a restrictive covenant of “not to build a structure
on the property”, then anyone who buys the property must comply
with this restriction. However, there is one caveat. For a restrictive
covenant to be enforceable against the legal owner of a land, there
must always be two lands with one land having the benefit and the
other land having the burden of the restrictive covenant. A Deed of
Covenant records not only the exact nature of the restrictive
covenant but also identifies – either by description or by reference
to a plan — the land which has the benefit and the land which has
the burden of the restrictive covenant.
Positive covenants, by contrast, differ from the restrictive covenants
in two respects. Firstly, they do not run with the land which means
unless there is a chain of indemnity or a renewed covenant between
the parties, the burden of the positive covenant (such as repairing a
fence) does not pass on to the new owner. That is why it is
important for a seller who is bound by positive covenants of their
land to insist their buyer to enter into a direct Deed of Covenant
thereby making the buyer to perform the positive obligations in
relation to the land.
The other respect in which positive covenants are different is that
they may be legally enforceable even though the person who has
the burden of the covenant owns no land. The common law only
requires that the person who has the benefit of the positive
covenant must hold a land to which the benefit can be applied. This
was first established in The Prior’s Case in 1368. In that case, the
person who had the benefit of the positive covenant was able to
enforce a positive covenant against the person who had the burden
of the positive covenant to sing divine service in its chapel even
though the latter held no land that could be burdened by the
obligation (The Prior’s Case (1368) YB 42 Edw III).
If you would like to find out more about how Oliver Fisher could help
you with a property sale or purchase, click here.
Yes, streptomycin is an injectable antibiotic that has been used to treat
tuberculous abscesses. It can be administered into the abscess cavity after
aspiration of pus, as described in a case study from JAMA. In addition to
streptomycin, other injectable antibiotics like amikacin (Amikin) may also be
considered, alongside a combination of oral medications like isoniazid,
rifampicin, ethambutol, and pyrazinamide, WebMD notes.
Elaboration:
Streptomycin:
A case study in JAMA reported the successful treatment of a tuberculous
abscess arising from tuberculous costal cartilage by aspirating the abscess and
injecting streptomycin directly into the cavity. This approach was deemed
successful and effective.
Other Injectable Antibiotics:
WebMD mentions that injectable antibiotics like amikacin (Amikin) can be used
in conjunction with other medications, including oral anti-TB drugs.
Oral Medications:
The standard treatment for TB includes a combination of oral medications, such
as isoniazid, rifampicin, ethambutol, and pyrazinamide. These are typically taken
for a prolonged period (6-12 months).
Management of Tuberculous Abscess:
In some cases, puncture and drainage of the abscess may be combined with the
injection of anti-TB drugs into the cavity, BMC Infectious Diseases notes.
Surgical Intervention:
In cases where abscesses are not responding to medication or are large,
surgical excision may be necessary.
Postoperative Care:
Following surgery, anti-TB medication is crucial to prevent recurrence and
complications.
Treatment Duration:
The duration of anti-TB treatment can vary, but it is typically a prolonged period,
often 6-12 months or even longer for drug-resistant TB.
TUBERCULOUS ABSCESS SUCCESSFULLY TREATED BY ...
TUBERCULOUS ABSCESS SUCCESSFULLY TREATED BY ASPIRATION AND
INJECTION OF STREPTOMYCIN. AMOS R. KOONTZ, M.D. ... A tuberculous absce...
JAMA Network
Multiple subcutaneous tuberculous abscesses in a ...
12 Jun 2020 — Once upon confirming the tuberculous lesions, anti-TB regimen was
initiated, including isoniazid (600 mg qd), rifampici...
BMC Infectious Diseases
Current Surgical Therapy for Patients with Tuberculous ...
In managing tuberculous abscess of the chest wall, extensive abscess excision with rib
resection is considered to be important. Pr...
The Annals of Thoracic Surgery
Show all
This is for informational purposes only. For medical advice or diagnosis, consult a professional.
Generative AI is experimental.
To calculate material price inflation for an ex gratia claim under a Public
Works Contract (PWC), you first need to identify the relevant index (usually
the "All Materials" index from the Central Statistics Office's Detailed
Wholesale Price Indices) and its change over the relevant period. A
threshold is then deducted from this change, and a percentage of the
Effective Value (34% is a common threshold) is applied to arrive at the
amount for the Base Amount for Material Inflation. The exact method and
thresholds may vary slightly depending on the specific PWC contract
version (Category 1 or 2) and the relevant Co-operation Framework
agreement.
Here's a more detailed breakdown:
1. 1. Identify the Relevant Index:
The "All Materials" index from the CSO's Detailed Wholesale Price Indices
(excluding VAT) for Building and Construction Materials is the most common
base for calculation, according to Construction Procurement .
2. 2. Determine the Change in the Index:
Calculate the percentage change in the index between the relevant reference
dates (e.g., Contract Date for Category 1 projects, or Designated Date for
Category 2 projects).
3. 3. Apply Threshold:
A threshold figure is deducted from the change in the Relevant Index. This
threshold aims to reduce the impact of minor fluctuations.
4. 4. Calculate Base Amount:
The percentage of the Effective Value (usually 34%) is applied to the threshold-
adjusted index change. This yields the Base Amount for Material Inflation for the
relevant certificate.
5. 5. Employer's Share:
The Total Inflation Amount (which includes the Base Amount) is then shared
between the Employer and Contractor. The Employer's Share Percentage (ES
%), which can be up to 70% of the Total Inflation Amount, is applied to
determine the ex gratia payment.
Important Considerations:
Contract Category:
The specific formula and reference dates for calculating the index change can
vary based on whether your PWC contract is categorized as Category 1 or
Category 2, according to Byrne Wallace Shields .
Thresholds:
The specific thresholds and percentages used in the calculations are defined in
the relevant PWC contract and Co-operation Framework agreement.
Supporting Documentation:
Contractors need to provide supporting documentation, such as purchase orders
and invoices, to demonstrate the actual cost increases for materials.
Ex Gratia Payments:
The ex gratia payment is a discretionary payment made by the Employer to
compensate the Contractor for certain unforeseen costs, such as material price
inflation, according to Razorpay.
For a more precise calculation, it's essential to refer to the specific PWC
contract and the relevant Co-operation Framework agreement associated
with your project. You may also find guidance and workbooks available
from the Construction Procurement website for assisting with these
calculation