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Asi, Jenny A.

SW2
CEM124 / E01

1. Who are the contract neutrals and what they do in the contract?

Contract neutrals made it possible to lessen situations that can hurt the contract
agreement and may cause disputes within parties. Disputes not only affect the parties
within the contract, it can also cause create trouble outside connected with them. Their
existence made it possible to create resurgence of partnering to guarantee the success of
achieving the objectives of the contract. They are the mediators they also maintain the
development of the contract and plain drafting and usage of plain languages is also
maintained to create clear understanding of the contract. They made management of
contract much easier because cooperation among parties are created and more trust are
built within them. The environment and understanding among parties are more manageable
because the approach of contract neutral creates respect and effective communication.
Incorporating the ability and skills of contract neutrals more opportunities can also be
created. Their significance lies on their skills and ability to assist in resolving the problems
and disputes. Creating a peaceful environment creates productivity in work and this can
used to advantage as to which is why it is important that resolutions of disputes are
necessary. Also, it can make life easier. A detailed review can be done to avoid arbitration
delays and unnecessary expenses. The advises and counseling they give helped many
people. Due to this they are respected and trusted by people. Contract is the very foundation
of the agreement of the parties and with the help of the contract neutrals they were able to
maintain order and smooth flow of the project until the contract meets its purpose. Contract
Neutrals basically manages the cases of the contracts involved. They solve disputes and
conflicts in contract cases. They are people who serves as panels for contract counseling.
In common language Contract Neutrals are peacemaker, the ability to reconcile parties with
the use of their experiences and knowledge to apply the theoretical structures that base on
the principles of the forms of contracts.

2. Who is Nael Bunni and what is his contribution?

In various aspects of engineering such as civil, water and sanitary, Nael Bunni is a
professional in terms of construction contract administration. He solved many cases of
contracts. Meaning disputes too many to count were solve because of his counseling and
appeals. His contributions lie mainly in contract administration for the construction
industry. He researched some complex and theoretical interpretation of conditions of
contract. Also, he had numerous publications relating to arbitration such as 2015 ICC
Dispute Board Rules, Enforcement of Dispute Adjudication Board Rules, Avoidance of
Dispute, Arbitral Practice, Interim Measure in International Arbitration, Personal Views in
terms of Arbitral Tribunals Operate, Misconduct of the Arbitrator, International
Commercial Arbitration, Construction Industry Arbitrations and Construction Disputes are
some of the articles and arbitration papers. The most popular work he had done is the FIDC
form of Contract which helped many extensive cases in court. It became the backbone of
the interpretation of clause to assist in solving many disputes and arbitrations.

3. What did New engineering contract propose so that the contract will be easier to
understand?

New engineering contract was drafted to solve the challenges of the language
complexities derived from the Institution of Civil Engineers Conditions of Contract. It was
funded by the British Property Foundation to support the initial concept propose to reform
the system of management. Based on the processing management and relationships
regarding contract fundamental review, the concept was considered as a new approach that
can be done. It really was a suitable condition of contracts, but it was only used a little
when the manual was published. It was over 100 years that the contract was revised that
resulted into the New Engineering Contract which was based on the principles of project
management. With plain drafting and simple proceedings, it generally developed logical
process and cooperative projects. Using the construction industry simple terminologies,
engineering projects became more manageable. Disputes were solved with lesser work that
made it possible to create a smooth management. It became widely adopted as which cases
many infrastructure projects received lesser court cases claims and disputes. In
collaboration with the World Bank, many users approved the production of the document
as to develop the standard conditions of contract that the government will be adopting. This
became the end of the traditional forms of contract.

4. In your own words, discuss the Barter System.

Bartering system is simply an agreement based on the terms being exchange for
example in ancient times you cannot eat if you didn’t work. Meaning you can gain
something when you fulfill the equivalent work you’ve done. Long before, this system
became popular with the people. Many techniques were created to create a more
sophisticated negotiation. It is currently still in practice. There is a quote originally by Paul
the Apostle pointed out that “A man who does not work, does not deserve to eat” which I
think is best to describe the barter system. Bartering creates more trust which is why it they
take responsibility in doing their work accurately. But there are sides in which it can
became a disadvantage because due to its nature there no such thing as certification as to
prove that a negotiation of such was made. In early times this system was created for the
purpose of fulfilling ythe basic needs by exchanging of what you have to what you don’t
have. The representation of how goods and services measure the quality of their value. This
became a major drawback of bartering system. As time pass, people can be greedy, and the
value of exchange is not equivalent which we can obviously saw that there will be arising
problems. The terms must coincide for them to create a deal. I think this is the reason why
people keep evolving developing their skills creating more development in the society. The
economic system of ancient times is hard where you can’t gain anything if you can’t do
anything. Depending on the quality and quantity they negotiate on what they considered
equally exchange that satisfies them. Bartering is a concept of equivalent exchange without
the use of money. Since ancient times exchanging goods for services became a medium of
their transaction. This is what we call trade nowadays.

5. What is the Hammurabi’s Code?

As the ruler of the great Babylonians, Hammurabi became a remarkable wise king
by creating the Hammurabi’s Code. The Code was established to clear penalties to the
offenders of the code. His reign marked as the existence of equal punishment where a life
is for a life. The Code was considered as one of the first forms of law in early times.
Hammurabi’s Code shows simplicity and wholeness. This became the standard
communication and it reflected in traditional contracting. It became convenient for
everyone to understand their meaning which resulted to trust it because it simple shows the
true intention without hidden meaning. Based from research, the structure of the
constitution was based on achieving equality. The magnitude of the consequences payed
shows elaborated presentation of their strict nature of regulation. When a house collapses
and causes death the builder of that house shall be put to death which shows the
maintenance of accountability in Hammurabi’s Code. Another one is when a property was
destroyed by it, the builder must rebuild whatever the damages were done. This shall be on
his own expenses. Also, when the builder didn’t fulfill the specified requirement, that
builder must continue building it in his own expenses until it meets the requirement. There
were people put to death when someone failed to adhere to the construction law of
Hammurabi’s. The gruesome punishments were created for the purpose of preventing
gruesome crimes. In Early times, the crimes committed cannot be compared nowadays. It
is a horror of crime which is why this kind of law was created as to create order and teach
morality and ethics. The safety of people is given importance, but the failure of the builder
must face creates pressure on them. Due to this, the builders became warier and ensures
that there is enough margin of safety to avoid collapsing. It might be brutal, but the
consequences show equivalent exchange. All of this shows that the traditional contracting
is enforced with strict guidance of Hammurabi’s Code where responsibility and obligations
are given importance to the point of brutality.
Creating a peaceful environment creates productivity in work and this can used to
advantage as to which is why it is important that resolutions of disputes are necessary.
Also, it can make life easier. A detailed review can be done to avoid arbitration delays and
unnecessary expenses. The advises and counseling they give helped many people. Due to
this they are respected and trusted by people. Contract is the very foundation of the
agreement of the parties and with the help of the contract neutrals they were able to
maintain order and smooth flow of the project until the contract meets its purpose. Contract
Neutrals basically manages the cases of the contracts involved.