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8.3 Comparing TQM with ISO 9000

Low Sui Pheng Chartridge Books Oxford ePub

CHAPTER 8

Total Quality Management

8.1 Introduction

While quality management systems will help to promote good quality construction, it should be realised that the building industry is, however, frequently characterised by diverse professionals as well as a heavy dependence on foreign labour in some countries. This diversity and reliance can lead to cultural, social as well as professional stratification. Hence, to achieve quality construction, there is a need for all parties involved in the building process to cultivate a teamwork mindset. Unfortunately, such a mindset appears to be still lacking in today’s construction industry. It follows from such a situation that a more rational management approach for the construction process needs to be identified. The existing system of project implementation frequently leads to conflicts among the parties involved in the building process, hence rendering the system devoid of effective communication and teamwork. As construction projects become more varied and complex in nature, a fresh management paradigm seems imperative. In this context, a shift from the profession based scenario to a project-oriented team based scenario may be envisaged. The various disciplines should function within such a team culture, guided by policies, procedures and systems whilst focusing on the objectives and benefits identified for the project from the outset.

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4.1 Introduction

Low Sui Pheng Chartridge Books Oxford ePub

CHAPTER 4

Legal implications for the construction industry

4.1 Introduction

Traditionally, a client’s expectations with regard to quality in construction works are ensured and upheld by building contracts. With the recent emergence of ISO 9000 quality management systems, however, the definition and assurance of quality have taken on a new dimension. Many contractors have since applied quality management systems in their organisations without understanding its intricate relationship with the building contract used. This chapter examines the likely conflicts and compatibility between Standard Forms of Building Contract and quality management systems. An understanding of the possible legal obligations that may arise from adopting a quality management system contractually will help contractors and clients protect their interests when defects arise. In addition, many contractors are in the process of establishing their quality management systems to increase their competitive and bidding edge.

This trend has raised questions as to the application of quality systems to Standard Forms of Building Contracts in the construction industry. There is a tendency for both the Quality Manager and Construction Manager to consider quality systems and their associated legal obligations separately from building contracts. This may be acceptable when the quality system is still in its infancy stage. As the quality system matures, however, there would be unavoidable interaction between quality systems and contractual/legal obligations at different levels, especially when there is evidence of reliance by the purchaser on certification such as ISO 9000.

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Chapter 5 General Civil Regulatory Jurisdiction

General, Conference of Western Attorneys University Press of Colorado ePub

P.180, n.89.      Add the following to the end of the footnote:

Another commentator, however, has suggested that “Congress should carefully deliberate” over proposed legislation that would extend tribal criminal jurisdiction to non-Indians and cited Justice Kennedy’s concurrence insofar as it stressed the importance of the “federal structure.” Patience Drake Roggensack, Plains Commerce Bank’s Potential Collision with the Expansion of Tribal Court Jurisdiction by Senate Bill 3320, 38 U. Balt. L. Rev. 29, 41 (2008); see also Ann E. Tweedy, Connecting the Dots Between the Constitution, the Marshall Trilogy, and United States v. Lara: Notes Toward a Blueprint for the Next Legislative Restoration of Tribal Sovereignty, 42 U. Mich. J.L. Reform 651, 700 (2009) (although questioning analytical legitimacy of Justice Kennedy’s concerns, concluding that “his opinion unequivocally suggests that to decrease its vulnerability, any restoration statute should, to the extent possible, provide for protection of individual constitutional rights”).

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7. Monetary Penalties: Fines and Restitution

Gail Caputo University of North Texas Press PDF

CHAPTER 7

Monetary Penalties:

Fines and Restitution

FINES

BACKGROUND

Fines are monetary penalties requiring the offender to pay money to the court as full or partial punishment for criminal offending. Other financial penalties, such as court costs and supervision fees, are not intermediate sanctions. Court costs offset the costs incurred by the court in the processing of a criminal case. Supervision fees are monies by a person under supervision and are commonly applied to offenders in an effort to offset the cost of corrections, such as probation supervision.

The fine is one of the oldest known penalties, dating back to before

Biblical times when it was used for punishment of criminal and moral offenses (Mullaney, 1988). In the 10th century, kings and other royal officials imposed fines for criminal punishments and by the 13th and

14th centuries, fines became one of the most frequently used punishments in Europe when criminal justice systems began to develop. Then it was commonly used in combination with capital punishment, exile, and public shaming (Peters, 1995). The fine remained a viable penalty in

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Tool B: Sample FOIA Request Letter

Tom Devine Berrett-Koehler Publishers ePub

Your address
Contact information
Date

Freedom of Information Office
Agency
Address [separate for each agency subunit where records may be located]

FOIA Request

Dear FOIA Officer,

Pursuant to the federal Freedom of Information Act, 5 U.S.C. 552, I request access to the following records, as defined by the act: [Here clearly describe what you want. Include the format the records may take (e-mails, audio files, documents) and identifying material, such as names, places, and the period of time about which you are inquiring. If you think it will help to explain what you are looking for, attach news clippings, reports, and other documents describing the subject of your research.]

As a noncommercial requester of information, I am entitled to two hours of search time and copies of 100 pages for free. Provided they are reasonable, I agree to pay any additional processing fees for this request in an amount not to exceed $[state dollar amount]. Please notify me prior to your incurring any expenses in excess of that amount.

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