Contract Strategy And The Contractor Selection Process Construction Essay

Contract Strategy And The Contractor Selection Process Construction Essay Contracts are the fundament of the project management. They are used to procure people, materials and services. Main components in the contractor selection process will be outlined in this chapter. This processes are influenced by many factors such as the nature of the parties included, project type, and the risk allocation between the parties. The project is always about achieving a result. The main problem of this that client usually can not or doesnt wish to provide all necessary resources to complete the project from the internal sources. Therefore there is a need of obtaining resources from external organizations in order to achieve planned results. The method chosen by the client plays the crucial point. Proper understanding of contract conditions and the way of administering them is therefore fundamental to the project manager. Different industries use different types of contract in order to achieve desired results. Therefore, standard types of work-based contracts used in construction industry are completely different to the result-based contracts used in manufacturing, oil and software industries. In addition, the most complex projects can be divided into several different contracts. They can be carried out under one turnkey contract, as well as can be broken down into separate contracts. Design can be carried out by one contract, site preparation by the second contract, and the service/operation of the completed facility under the third contract. They can be broken down into several contracts based on the skills of the contractor, one organization being responsible for production and installation of all necessary equipment for the plant, second organization being responsible for the site preparation and all construction work, a third being responsible for quality control (external for construction organization), and a fourth being responsible for authorship (to control works going according to the approved design). They can be broken down into small numbers of large contracts or large numbers of small contracts. Each will give the contractor advantages as well as the disadvantages. Depending on the nature of the project and the skills, contractor must decide. Finally, different contracts can be operated in different ways. According to Smith N.J. (2002) there are three different ways in which contract can be operated. The first one of which is price-based contract, under which the contractor responsible to provide service, equipment or materials on the fixed price. On the other hand there is a reimbursable contract, under which contractor is reimbursed with the cost of carrying out the work plus profit. Finally, somewhere between these two is the quantity based or rate based contracts. The type of contract or set of contracts should be selected by the client only after the consideration of the managers available to manage the contract, project goals and the skills required to achieve them, appropriate allocation of responsibilities and risks and time available to carry out the project. Factors affecting the contract strategy A number of factors need to be considered before the choosing contract strategy. Responsibilities such as design, construction, quality control, procurement, safety, installation and commissioning need to be determined. The risks also need to be allocated between parties. Then the payment method to contractors, as from this decision depend which contract to use. When making a contract, contractors always wish to make it flexible, because during the life cycle of the project changes may occur. However, one more important factor is that the contracts need to be fair, equitable methods of price changes for instance. However, interests of the client and contractor usually opposed to each other. For example, client carries minimum risk under the lump-sum contract, but contractor carries maximum. And vice versa for cost reimbursable plus percentage fee contract. Almost all of these factors are important for any project. Nevertheless some of these factors may dominate depending on the nature of a project. If the work is a building a power plant in a river, where during the spring period lowest level of water, time-scale obviously dominate. If the work is building the skyscraper, then the quality will dominate. Client have only one chance to choose the correct contract strategy, after deciding this, it can not be changed. There are a plenty of options, and project manager should advice the client which strategy to accept. The selection is definitely one of the most important decisions in any project. Smith N.J. states that the project manager should always remember the three Rs of the contract. (Figure 1) Figure 1 The three Rs (Smith N.J. 2002) Relationships. Whether being highly structured or not, relationship plays important role in a contact strategy. Unstructured relationship may develop during the life cycle of a project and according to the circumstances. There is no exactly the way under which relationships are managed, they need to be managed individually. Risks. Whatever type of contract strategy choused the client, risks present everywhere. It is important for the client to choose right contract strategy which carries out risks which the client is able to manage. When choosing the contractor, client needs to pay attention on the ability of the contractor organization to manage risks appropriate. By other words, every risk in a project should be divided and managed by each party because if something goes wrong, outcomes might be serious. Rules. Rules are necessary to keep the relationship in right way. According to the rules, client and contractors make their behavior, and there will not be many conflicts between them. These Rs are closely interrelated. Relationships, risks and rules formalize one word under which the contract will be governed during the life cycle of the project. Contractor selection After the selection of a contract strategy, client needs to select the contractor. The selection of a contractor is a crucial decision made by client. The criteria for selection might be cost, time or quality. Usually the price/cost criteria is dominate as the clients seek the most economic price. However, according to Smith N.J. (2002) dominating of one of these criteria may negatively affect to others. Figure 2 Project objectives (Barnes and Wearne, 1993). This triangle illustrates the conflict between the project objectives. If the client wants to minimize the cost to minimum, it will affect time and quality. The project will be finished with no desired quality and not within the time scale. Oppositely, if the client wish to increase the level of quality, then it affects on the one hand to cost (overbudget), on the other time (not within planned time-scale). Therefore, client always need to decide, which objective is crucial for the current project. This triangle shows the basic problem of contract strategy. In the planning of the contract, client need to be sure of reason employing a contractor. Client usually selects a contractor for one or more of the following reasons: To use the particular management, technical and organizational skills, and expertise of that contractor for the duration of the contract. To use the skills of the contractor after the project has been completed. To have the benefit of the contractors special recourses, such as licensed processes, unique design of manufacturing capability, plant, materials in stock, ect. To get work started quicker than would be possible by recruiting and training direct employees. To get the contractor to take some of the cost risks of a project, usually the risks of planning the economical use of people, plant, materials and sub-contractors. To use the contractor to provide the recourses, both physical and financial, needed for the project. To be free to use his own (limited) recourses for other purposes. To encourage the development of potential contractors for the future. To deal with a contractor who is already known to the promoter. Smith N.J. (2002) Whatever the reason, client always should make a decision based on it. N. J. Smith (2002) described six principal considerations of choosing type of contract which has to be made by contractor. Those are: discipline, incentive, risk, change, time-scale and relationship. These considerations describe analytical justification of contracts, mainly compared the two price-based and cost based contracts. However, in authors opinion these considerations are actually become an advantages and disadvantages of each form. Therefore, this will be discussed in Chapter 4. According to the M. Brook (1993) the main aim of contractor selection is to find out the lowest possible price, and the following: A reputation for good quality workmanship and efficient organization; The ability to complete on time; A strong financial standing with a good business record; The expertise suited to size and type of project. Also he agrees that, not only client has to consider financial ability of contractor, but the contractor needs to make sure that the client is able to pay bills on time. In the past contractors have not been considered this issue. However this has changed with the introduction of bonds and guaranties used by both parties. Usually contractors selected by two or combination of both: competition and negotiation. When there is an open competition, local newspapers or journals invite competitors to take part on the tender. A deposit normally required, in order to distinguish serious offers. Alternatively, tender might be selective. In this type of tender contractors are selected and invited to tender. M. Brook (1993) determined three ways in which selective tendering lists drawn up: An advertisement may produce several interested contractors and suitable firms are selected to tender. The consultants may contact those they would wish to put on an ad-hoc list. Many local authorities and national bodies keep approved lists of contractors in certain categories, such as work type and cost range. Contractors which are selected to add into list normally asked to provide their financial and technical performance, particularly on the area which is under consideration. Contractors can prepare the answers according to the Standard form of tendering questionnaire private edition written by the National Joint Consultative Committee for Building (NJCC). Questions on it is basically about the projects carried out for last three years. After the completion of questionnaire, it can be used for any further projects or particular project for which contractor invited as a competitor. On the other hand Code of Procedure for Single Stage Selective Tendering written especially for building industry by NJCC. According to this code, project success depends on the completion of design phase before tenders invited and the use of standard forms of contract. M. Brook (1993) classifies Code as follows: Preliminary enquiry contractors are given the opportunity to decide whether they wish to tender by receiving a preliminary enquiry letter, four to six weeks before the dispatch of tender documents. Number of tenderers the recommended number of tenderers is a maximum of six (three of four for design and build) and further names could be held in reserve. Tender documents the aim of the documents is that all tenders will be received on the same basis so that competition is limited to price only. Time for tendering normally at least four working weeks should be allowed, and more time may be needed depending on the size and complexity of the project. Qualified tenders tenderers should not try to vary the basis of their tenders using qualifications. Queries or unacceptable contract conditions should be raised at least 10 days before tenders are due. The consultants can then tell all the tenderers of their decisions and if necessary extend the time for tendering. A contractor should be asked to withdraw significant qualifications or else face rejection. This is necessary to ensure tenders are received on a like-for-like basis. Withdrawal of tenders a tender may be accepted as long as it remains open; a definite period is usually stated in the tender documents. The tenderer may withdraw his offer before its acceptable, under English law. Assessing tenders the tenders should be opened as soon as possible after they are received. Priced bills may be submitted in a separate envelope by all the contractors, or, more likely only the bills of the lowest tenderer will be called for and submitted within four working days. Once the contract has been let, every contractor should be issued with a list of tender prices. Alternatively, tender prices should be given in ascending order and the names listed in alphabetical order. Examination and adjustment of priced bills the PQS will treat the information in the tender documents as confidential and report errors in computation to the architect and client. There are two methods for dealing with errors. Alternative one gives the tenderer the opportunity to confirm his offer or withdraw it. Alternative 2 allows the contractor to confirm his offer or amend it to correct genuine errors. If the contractor amends his offer with a revised tender which is no longer the lowest, the tender of the lowest will be considered. Negotiated reduction of tender the code of procedure recognizes the needs to look for savings in the cost of a project where the tender exceeds the employers budget. This can be achieved by negotiation with the lowest tenderer, or the next lowest if negotiations fail. Two-stage selective tendering may be approved by the client, when the contractors involvement is needed at the design phase. The first stage will provide the competitive tender based on bill of quantities according to the preliminary design. The contractor selected at the first stage helps with the design, after completion of which submits documents for the second stage without competition based on the considered price. NJCC published codes for two-stage selection tender and selection tender for design and build. Those are almost same as the Code of Procedure for Single Stage Selective Tendering, except: Client should consider contractors design and build experience. Number of tenderers reduced to four. The price is not a key issue in the selection of contractors. Significant interdependence between cost, time and quality should be included in clients requirement. During the negotiation stage, contractors selected based on their past experience, performance, recommendation or familiarity with work under consideration. And only one contractor may be selected to proceed the work. Project organisation Often client employs a design consultant in order to advice on feasibility stage of project, or a project management consultant to advice the strategy and risks. As discussed earlier in previous chapter, it might be appropriate to the client to employ a single contractor for the whole project, or a consortium of companies as well as a two or more separate contractors. Further in this chapter will be discussed different types of project organisation. Package deal (turnkey, design and supply) According to the OGC report (2007), the main contractor has to be an experienced organisation to bring together all of the parties (design, construction, installation ect.) necessary to meet the clients expectations. Also further information stated in this report There is nothing to prevent a designer, facilities manager, financier or any other organisation from acting as the Prime Contractor, providing they have suitable ability and experience. Prime Contracting must demonstrate during the initial occupation period that operating cost and performance parameters can be met. It usually includes such features as pain/gain share (where the Prime Contractor as well as the client gains financially by reducing the project costs), target cost pricing (where prices are agreed on the basis of a reasonable profit for the supply team and value for money to the client) and open book accounting (where costs are made transparent to the client). (OGC report, 2007) In this type of arrangement, only one single contractor carries all the responsibility for the project from start to completion. Although main contractor responsible for the procurement, design, construction, equipment supply, installation, commissioning, these works can be sub-contracted to the specialist organizations. The main contractor usually responsible also for financing, design approval, working and state commissions ect. Although being simple, this arrangement has its advantages and disadvantages. The main strengths are: Estimating the cost of the project at the early stage may be possible, the clients requirements are known; The total cost of the project may be reduced; Early completion may be possible as result of design/construction overlap; Easier design integration; Better project organisation; Client has to deal with only one organisation for design and construction; Few recourses from the client need to be involved in a project; Fewer disputes caused by design failure or other defects. Weaknesses: Clients ability to control the contractor will be low; Clients expectations may not be met; Highly qualified staff needed to manage the contractor; No or little contact with the sub-contractors; Client in a negative position to introduce changes; Package deal contracts are commonly used in the service and process industries. Where the contractors are much more experienced in this type of contract rather than other types. (other types will be introduced in the next chapter) However package deal contracts are also used in civil engineering field, especially in building standard houses or office blocks. Package deal contracts are very effective when the client wish to start works early, but he has no sufficient recourses and advisors. Build-own-operate-transfer (BOOT) This type of contract requires that consortium of companies or single contractor take responsibility to built, own and operate a facility. This usually undertaken by the government for the fixed duration (concession period), during which the client pays contractor (normally monthly). Contractor is completely responsible for the project from start to hand over after the concession period, including gaining necessary finance for the project at the start. At the end of concession period ownership of the facility returns to the client. Separation of design and implementation This tends to be the traditional contract. In that type of contract design separated from the construction. This normally achieved by employing the architect (designer) then the contractor for its construction. Despite the fact that there are many available and useful types of contract, this type of contract is still widely used in building and civil engineering industries. In practice, architect or design company supervises the construction process from the clients side. Smith N.J. (2002) states that, Construction is usually undertaken under a quantities/rates based contract, or occasionally under a lump-sum or reimbursable contract. Management contracting Management contracting is a type of contract where the client employs external organisation to control and manage the design and construction processes. External management organisation itself normally does not take part in any of the works. These are packaged into one or several contracts. When using the management contracting, client establishes the contractual and organisational system which is completely different from the conventional approaches. Management organisation employed by the client becomes a part of its team, therefore involvement of a client in the project increases. According to Smith N.J. (2002) payment for the management organisations staff normally is reimbursable plus fee, oppositely for engineering contracts this usually be a lump-sum or quantity based. The management contractor is appointed early, and it has a considerable involvement in a design process. Other participants such as design and construction contractors are employed in normal way. Management contracts have considerable advantage in a building and civil engineering industries, where traditional contracts can not be used. These advantages are listed below (depending of the needs of a client): Time saving. An early start to the project (political, budgetary or procurement policy reasons); Therefore an early completion of a project; When high probability that changes may take place, for instance, high technology or innovative projects. Organisational complexity. When client does not have sufficient resources or does not wish to manage a number of contractors, which may include two or more designers as well as the construction contractors. Although thesis has a construction emphasis, in authors opinion it would give the additional information about contracts if offshore oil engineering will be discussed as well. Offshore oil industry uses the same contracts as a construction industry, except concession contracts. However, industry called each contract in completely different ways. For example: EPC engineer, procure, construct contract; PC procure and construct contract; EPIC engineer, procure, install, commission contract; PIC procure, install and commission contract. In construction industry EPIC would be considered as a turnkey contract. The only one significant difference of oil industry from others is that oil industry contracts, including EPIC (turnkey equivalent) contracts, always concentrate in high level of clients involvement on the project. Direct labour Usually clients does non wish to employ external contractors to install or make equipments or construction activities, instead clients may use their in-house recourses, maintenance or construction department for instance. This is known as a direct labour or direct works. Each activity, such as design, construction or equipment installation normally responsibility of different departments within the company. These initial agreements are very similar to the external contracts, but the conflicts and disputes between departments would be solved in managerial level within the organisation rather than by external legal dispute resolution procedures. Bidding strategy The tendering process begins with the invitation to tender. (from the contractors point of view). Usually in practice, building contractors does not submit truly competitive tender. After the receiving the invitation, contractor must decide whether to accept or decline tender. If contractor accept, competitive bid must be submitted, however if the contractor does not accept, the bona fide tender still should be submitted. (definition of bona fide need here). Contractors always faced with to crucial decisions which are, whether or not submit competitive tender, and if so what is the bid price should be. Ansoff (1965) suggested five possible courses of action open for the contractor: Reject the project Provisionally accept the project Add it to a reverse list Remove a project from the reverse list and replace it with the current project Unconditional acceptance However Skitmore (1989) pointed out that the limited time available for tender restricts the use of reverse list, therefore normally contractors decide simply from two accept or reject options. Althouh contractor rejected the tender, it does not usually mean that the bid will not be submitted. If the contractor not interested in particular tender, but does not wish to reject (once contractor rejected the tender, it may not be invited to tender again), as it may cause problems in the future, contractor can submit the cover price. In practice, the decision whether or not to submit a tender depends on number of factors. According to the CIOB (1983), this decision depend on the type of work under consideration, if the contractor has an appropriate experience in particular area and necessary resources to prepare documents and carry out the work. However other authors agree that the key points in the decision would be the contractors present workload and availability of key personnel. Odusote and Fellows (1992) made significant effort in identifying the most important factors influencing the contractors decision. In this research, authors identified 42 considerations which are likely to influence the decision considered by other authors. Then constructed questionnaire and sent them to various building contractors each with a turnover of approximately 8m (or higher) per year. Figure 3 below illustrates these factors based on respond of 48 UK building contractors (ranked in order of importance). Client-related factors Type of work Value of the project Contractors current workload Estimating workload Likely profitability of the contract Location of the project Form of contract Physical recourses to do the job Identity of consultants Time available to tender Odusote and Fellows (1992) On the other hand, an American survey handled by Ahmad and Minkarah (1990) identified 31 factors affecting the bidding strategy of top USA companies. Further this list of factors used by Snash (1990) in his study. Snash formulated a questionnaire according to the list of factors, and submitted them to the top UK contractors asking them to rank the most important factor. Finally he received responds from 80 contractors, and the table has been produced based on contractors respond. Figure 4 illustrates the top 20 factors affecting bid/no bid decision. Contractors need for work Number of competitors tendering Experience in similar projects Current work load Owner/client identity Contract conditions Project type Past profit in similar projects Project size Tendering method (open/selective) Risk owing to the nature of the work Project location Type of contract Availability of qualified staff Rate of return Project cash flow Tender period Availability of other projects Availability of labour Completeness of the documents (Snash 1990) There is some similarity between two studies, however that does not necessary mean every contractor has to consider each factor. Some contractor may consider some, but others may consider completely different factors. Contractor should decide rather bid or no bid in particular project regarding his own status and circumstances. By other words, regarding to evidence (Odusote and Fellows, 1992) it can be said, that for large project, it would be decision of group of people rather than one individual. However, there is an alternative factor affecting bid/no bid decision. Contractors who have a number of contracts (portfolio of projects), can balance their overall risks by deciding to tender particular project. This approach first introduced in the financial sector, which basically says that the contractors can afford the risky projects if the overall risk can be reduced by balancing with the other less risky projects in contractors portfolio. Kangari and Riggs (1988) pointed out that this approach can not be used as successful as in the financial organisations. They concluded: à ¢Ã¢â€š ¬Ã‚ ¦Diversification of the project portfolio can generally reduce but not eliminate overall risk exposureà ¢Ã¢â€š ¬Ã‚ ¦ Bid price After the decision to tender, contractor will be faced by the next important decision which is bid price. Normally contractor estimates the bid price according to the necessary inputs on the process. The management process estimating the level of bid price called adjudication. A significant number of researches have been carried out for last 40 years about submitting the best bid price. Different studies concentrated various model of bidding. If one researchers developed the mathematical model, method based on historical data, statistical bidding models and econometric based model, others concentrated on less mathematical models such as human decision-making process. However Moselhi et all. (1993) states: Markup estimation is a decision problem that is so highly unstructured that it is difficult to analyse and formulate an adequate solution mechanism. It is both time consuming and complicated to identify all the related factors that form a rational basis for such decisions, analyse their individual strength, and then quantify their combined impact on the decision. The usual practice is to make bid decisions on the basis of intuition, derived from mixture of gut feeling, experience and guesses. This implies some sort of pattern recognition is used rather than computation or deep reasoning about the problem elements. Alternatively, Park and Chapin summarised their research that: Many different theoretical approaches to competitive bidding have been proposed and tested with varying results. Any of these strategies should improve the contractors bidding effectiveness, and whichever one works best for a particular competitive situation is obviously the best one to use. It will be worth whatever time is required to at least become familiar with the different approaches; they all offer some good ideas, and even a bad plan is better than no plan at all. Factors considered by contractors Adjudication is the process about getting the best possible bid price, during which contractors should consider number of factors. Eastham (1987) identified 90 factors which are likely to affect the bid price. During the research questionnaire had been sent to ten contractors who identified only five most important factors. However those responds had not considered as important as in Easthams research. Subcontract requirements Type and size of job Competitors Client and professionals Labour requirements (Eastham 1987) Snash (1990) also identified factors affecting the bid price. This has been done through formulating the questionnaire. Degree of difficulty of the work Risk owing to the nature of the work Current workload Need for the work Contract conditions Anticipated cost of liquidated damages Owner/client identity Past profit in similar work (Snash 1990)

Assess the Impact of European Commecial Activities in the Atlantic Island and West Africa from 1415-1600

Assess the Impact of European commercial activities in the Atlantic Islands and West Africa from 1415 to 1600. When one queries the assessment of the European commercial activities and its impact in the Atlantic Islands and West Africa between the years 1415 and 1600, trickery, social violence, intrusion and the horrors of slavery comes to mind. There were many negative impacts such as population loss, loss of self worth and loyalty, the Europeans involved caused the demise of the European cloth industry. The Portuguese were the first Europeans to set foot in this area in the fifteenth century. During the history of Portugal (1415-1542), Portugal discovered an eastern route to India that rounded the Cape of Good Hope, established trading routes throughout most of southern Asia and they colonized selected areas of Africa. It was the genius of Prince Henry the Navigator(1) that coordinated all these quests of expansion. Prince Henry placed at the disposal of his captains a plethora of resources, of which he was the head, and the best information and most accurate instruments and maps that could be obtained. He sought to meet with the infamous Christian Empire of â€Å"Prester John†(2) by way of the â€Å"Western Nile† (the Senegal River), and, in alliance with that to crush the Turks and liberate the Holy Land. Slavery was practiced in Africa before the beginning of the European slave trade. Slavery and the slave trade were an integral part of African societies and the Arab world was supplied with African slaves for centuries before the arrival of the Europeans. The African slave trade provided a large number of slaves to Europeans and their African agents. Initially, the Portuguese started trading in copper, brass, European cloth, etc in exchange for gold, which was in high demand in Europe. Above all things, the most impact full commercial activity of all was the European Slave Trade and its economic and social effects it had on West Africa and the Atlantic Island. The Atlantic Islands which were involved with the European commercial activities were: The Azores, Madeira, Sao Tome & Principle, Cape Verde, and Goree Islands. The African countries that were involved in the Portuguese trade were the coast of the Congo, Sierra Leone, Sudan, Liberia, Angola and Morocco. In order to assess the impact or extent to which West African and the Atlantic societies were affected by the European commercial activities, one must certainly look into the number of slaves that were either traded or raided from their homelands. Population loss is certainly a focal point when assessing the impact of the European Commercial activity. According to Walter Rodney in ‘How Europe Underdeveloped Africa’ he states that â€Å"One of the uncertainties concerns the basic question of how many Africans were imported. This has long been an object of speculation, with estimates ranging from a few millions to over one hundred million. A recent study has suggested a figure of about ten million Africans landed alive in the Americas, the Atlantic islands and Europe. † The actual number of slaves is certainly a very difficult figure to ascertain. However there is no doubt that it was an absolutely staggering number of natives that were taken from their homelands, sold and enslaved. Population loss is a very serious loss when it comes to the development of a people. The economy and the social fabric of the people are utterly destroyed, leaving Africans in a state of chaos. The impact of the population loss as it relates to commercial activity is so severe that at present more than a bicentenary Western Africa is still in shambles, with an economy barely able to stand. It was even more difficult during the years of the slave trade for West Africans to replenish their population simply because when trading the adult males were high in demand in opposed to that of the females, thus leaving the remaining ratio of men to women in West Africa in trouble. John Thornton, in his book ‘Africa and Africans in the Making of the Atlantic World’ says that ‘In addition to the net demographic drain, which began early in some areas (like Angola), the loss of adult males had potentially damaging impacts on sex ratios, dependency rates, and perhaps the sexual division of labor†. This goes to show the gravity of impact the population loss had or still has on West Africa. In Walter Rodney’s ‘How Europe Underdeveloped Africa’ he states that â€Å"The massive loss to the African labour force was made more critical because it was composed of able-bodied young men and young women. Slave buyers preferred their victims between the ages of 15 and 35, and preferably in the early twenties; the sex ratio being about two men to one woman. † The people, or lack thereof, of West Africa found it very difficult to replenish the population, not to mention the interruption of the family structure in his part of Africa. Like most cultures, in African culture the men are the head of the household and were the chiefs of the various villages. In the absence of these men, many women found it very difficult to survive having lived as housewives and depending on men as the bread winners of the household. As a result, thre was social chaos in the Western par t of Africa. Social Upheaval and Low Self Worth was another one of the major impacts of the European commercial activities on West Africa. As a result of the slave trade through raids and trade, there is no doubt concerning the social ills that plagued Western Africa. Many Africans were betrayed by their own political leaders who sold their African people to Europeans for items such as guns, horses and cowrie shells(3). As a result of this vicious betrayal there was social upheaval and chaos. Raids occurred and many villages were uprooted. Walter Rodney mentioned in his book How Europe Underdeveloped Africa that â€Å"The opportunity presented by European slave dealers became the major (though not the only) stimulus for a great deal of social violence between different African communities and within any given community. It took the form more of raiding and kidnapping than of regular warfare, and that fact increased the element of fear and uncertainty. † West African people tried to protect themselves and tried to fight back against the Europeans as they were all very unwilling to participate in the Slave Trade. This slave trade caused social disruption and increased inequality and intensified exploitation. In James Duffy â€Å"Portugal In Africa† he says that â€Å"On the Gold Coast Portuguese traders could not move with the freedom and security through the interior. They were obliged to use whatever force or methods of terror they had at their disposal, and when this failed they relied on intrigue and bribery†. The moral fabric and self worth of Africans were also tremendously damaged as a result of European influence. Lives were destroyed, and whole ethnic groups wiped out.. African Pride years and materialism was born into the African mentality and thought process. The African man, who was once concerned with skill, prowess, strength and knowledge had changed to intense materialism. African chiefs sold their own people for simple items such as cheap gin, gunpowder, pots and beads. These items were not coveted and demanded by the African chiefs and they continued to sell their people for their selfish gains. This created mistrust and bitterness between the African villagers and their leaders, thus causing internal conflict amongst West African societies. European commercial activities caused a stand still in technology and as a result in the economy of Western Africa. During the European Slave Trade there began a demand for cloth in Africa. There became a strong dependency on Europe in Africa. There was cloth made in Africa when the European Slave Trade began and there were also imports from Europe and Asia. Soon Europe and Asia were copying African cloth designs and materials and they were imported into Africa creating stiff competition with the local producers. European cloth was then imported in bulk thus having more supply and at cheaper rates. The local cloth industry was certainly in trouble. Europeans produced cloth on a large scale by using energy from wind, water and coal. Thus the local cloth manufacturers were forced to end their work leaving African cloth producing industry at a stand still and it eventually was shut down. In Walter Rodney’s book on â€Å"How Europe Underdeveloped Africa† he says that Therefore, there was what can be called ‘technological arrest’ or stagnation, and in some instances actual regression, since people forgot even the simple technique of their forefathers. The abandonment of traditional iron smelting in most parts of Africa is probably the most important instance of technological regression. European activity crippled the industrial life of many West African countries and caused West Africa to become completely dependant on Europe. The European Commercial activities did very little if any to contribute to the development of Western Africa. In fact the development of West Africa was retarded and was undoubtedly damaged and destroyed in many ways. Europeans did not just uproot the West Africans physically by ways of loss of population and death but socially because their pride was broken, they were said to be useless and inferior to the Europeans. Initially, the Europeans never set out to create suck havoc in Western Africa but within their exploration it turned out to be nothing but exploitation of the African people. There is no hiding the number of slaves that were taken form Western Africa and took to various islands to work and to be enslaved. Families were shattered, populations depleted and lives scattered for economic gain. Fear and inferiority was also driven into the hearts and minds of Africans. From the raiding Africans were left in a state of chaos and fear for their families and the estruction of homes and entire villages. There was bloodshed, deaths and killings as a result of these many raids that the Europeans carried out. It was through trickery and bribery that many of the trading occurred. Europeans brought useless items to the chiefs in the West Africa for them to trade for their own people. This bred mistrust and betrayal in the hearts of African people. Chiefs became materialistic and selfish and became very interested in riches and gain that they forgot their people. European commercial activities caused the African cloth industry to come to an end by their mass producing and heavy and stiff competition for the Africans. The cloth made Europeans, which copied African styles was created in bulk and was much cheaper thus running the African cloth makers out of business. In essence, the impact of the European commercial activities was very severe and hindered the development of Western Africa and its people it changed the mindset of the African man and crushed a thriving civilization and culture.

Examining Cultural Elements Essay

The following paper will look at the ways a therapist may be able to look upon and treat a family keeping all the cultural and the social boundaries, also known as the ethnocentric barriers aside. When looking at the view of the therapist, it may be important to look at the context of the family theories which have been introduced by sociologists all over the world. This idea was particularly introduced by the GAP or the group for the advancement of psychiatry. The association explained that it may be important for the families to be ascribed roles which are not specified when looking at the family. thus, if in any family which has an increasing amount of conflict, it may be helpful if it is somehow possible for the therapist to ensure that there are not any such roles put forward and emphasized. Note that in such a case particularly in a country with the traditional societal rules, it may be unlikely that such informality and the absence of clear cut roles would be possible. In such a case the therapist must allow for a setting and an environment such that the rigidity formed by the society is minimized so as to ensure an effective functioning of the family. This way neither the societal norms will be completely challenged, nor would there be any difficulty associated with the societal stereotypes. Another aspect which needs to be taken into consideration is that of the process of mystification. This process of mystification has been described as a process by which there are attempts made by one party to keep the other party in an awe state by maximizing the distance that they have between each other. When applying to the family life it implies denying the child’s experience by relabelling it. in other words if there is going to a conflict in the family, it may be very likely for the parents to blame the children rather than excepting their own mistakes because they lie in a superior position in contrast to the child. When talking about it with relation to the therapist, making sure that this element of mystification does not occur in a strict family environment where there may be a great deal of respect for the elders may be problematic. However, the therapist, by looking upon at all the aspects of the problem should make sure that such biases are not essentially a part of the experience he encounters when treating the family. perhaps, the therapist can take the family to a different setting, perhaps away from the present place where they are in order to ensure that such a problem does not occur that much. Apart from this, the therapist may also be able to effectively provide for therapy by looking at how the family has and follows the system of double blinds. By this we imply a system in which there are two contractory points. It may thus be very likely for an individual to take up one and not both the points. For instance how boys are told to be tough and at the same time not be harsh with their mothers. These situations imply that an individual can follow only one and thus a family conflict may very likely occur. In such a case, the therapist should easily identify the double bind situation and then allow for a dialogue or a discussion to take place between the related parties. After looking and keeping all the things into consideration there can be a presentation of the values and norms of the societies and then there can be an agreement reached upon. No only this, but an important thing that should be done by the therapists is to carefully observe the way these discussions take place. This would be more and way better than a mere speculation because the therapists may make an increasing amount of assumptions which may otherwise not be made in case of a proper observation. not only this, but it may also be important to note that by observing, it may be possible that other possible forms pf conflicts that occur within the family and may not completely be realized or perhaps are otherwise hidden are highly likely to come up. It should be noted that the observations by the therapist must also be made first and fore mostly, perhaps even before one to one counseling of the families occur. This may be so that there is an absolute certainty that there are no previous biases left for evaluation. Therefore, one may say that there may be numerous ways through which the cultural and societal biases can be avoided by a therapist. First and for mostly can be a clear evaluation of the conflict that occurs in the family with a particular look at the element of mystification as well as double binds. Not only this, but also observing the family to look and obtain additional data may also be very helpful. Reference: How the students’ culture effect their behavior www. literacynet. org/lp/hperspectives/culteffect. html Lyman Stone, How much does culture and lifestyle affect behavior? http://www. helium. com/items/493732-how-much-does-culture-and-lifestyle-affect-behavior What makes lives, what influences Behavior?

Intellectual Property Law Essay - 543 Words

Intellectual property (IP) rights are legally recognized rights to developments of the owner. Under the intellectual property law, owners are given exclusive rights to an assortment of elusive possessions, such as literary, musical and artistic works; inventions and discoveries; and phrases words designs and symbols. Common types of intellectual property rights may include copyright, trademarks, patents, industrial design rights and trade dress. Patent A patent is a right given to the owner of an invention that restricts others from making, using, importing or selling the invention without his or her permission. A patentable invention can be a product or development that gives a new technical solution to an existing problem. It can†¦show more content†¦You can also use trade mark to help you raise equity for the growth of your business. If you successfully register a trade mark, you are allowed to use the  ® symbol next to your mark. Another standard symbol associated with trade mark is â„ ¢ − this shows that the mark is being used by the company as their trade mark but it does not mean that the mark is enlisted or secured under the trade mark law. Copyright Copyright protects works like novels, computer programmes, plays, sheet music and paintings. Conventionally, the author of a copyright work has the right to reproduce, publish, perform, communicate and adapt his work. These exclusive rights establishes what are called copyright and enables the owner to control the commercial exploitation of his work. This law is useful towards businesses as other people are not able to use your work without your permission. Patent is right given to its owner that restricts others from using, making, importing or selling the owner’s invention without his/her permission. Therefore, people cannot make something that the owner has invented without his or her permission. This is useful for inventors that invents new invention that protects it from others. Trademark is sign that business owners can use to differentiate their goods or services from other business owners. When registered no other business can use your trademark.Show MoreRelatedThe For Intellectual Property Law Essay1617 Words   |  7 Pagesmy aspirations are quite different than what they were before college. With my changing goals, being a lawyer is now a profession that I wish to be a part of in the not too distant future. Specifically, I am aspiring to work in Intellectual Property Law. This form of law deals with protecting tangible and intangible creations of clients. These tangible and intangible creations range from inventions to symbols and often require being an expert in specific fields, such as industries, the arts, or scienceRead MoreAustralian Laws - Intellectual Property1120 Words   |  5 PagesAUSTRALIAN LAWS – Intellectual Property What is intellectual property? 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