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What is clear then is that delay on its own is not a failure to proceed regularly and diligently. Use a sunscreen diligently to keep spots from re-darkening during treatment. Does the Limitation Act 1980 apply to adjudication? He completely rejected the contractors argument that the diligence obligation did not require it to achieve a completion date which was impossible to achieve but that, at any given moment, the obligation of due diligence should be assessed with regard to what was feasible at that time. !, Sta is a 16-year-old high school student who was recruited to work at the family restaurant Wagnaria by Popura. By signing in, you agree to our Terms and Conditions Even if it is patently obvious to the project team that the Contractor is in financial difficulties and will struggle to continue with the job, proving it to an adjudicator or to the court is not an easy task. So what evidence should be obtained? All too often a vital few weeks of evidence gathering can be missed. Any opinions in the examples do not represent the opinion of the Cambridge Dictionary editors or of Cambridge University Press or its licensors. For the Contractor the next step will, in all likelihood, be to assert that their employment under contract has not been terminated properly because they had not failed to proceed with the works regularly and diligently and/or the notices were not properly issued. 3. If the final notice is found to have been issued without the requisite grounds being satisfied, the contract will have been repudiated leaving the Employer open to claims for loss of profit at precisely the same time that they are seeking to get the job finished by others. He worked diligently at original manuscript authorities at Simancas, the Record Office and Hatfield House; but he used his materials carelessly, and evidently brought to his investigation of them a mind already made up as to their significance. One can check verbs forms in different tenses. In that case Mr Justice Ramsey viewed a lack of productivity as being the best evidence of a failure to proceed regularly and diligently.5 However, he also noted that the failure to provide a proper programme (and one in accordance with their contractual obligations) undoubtedly resulted, in that case, in an inability to proceed continuously, industriously and efficiently with appropriate physical resources so as to progress the works towards completion.6. However, when the phrase has come before the Courts, it has become evident that trying to define what it actually means in practice is by no means an easy task. In the light of the widespread use of the JCT forms of contract, the phrase "regularly and diligently" has become commonly used in the construction industry. At the same time he diligently pursued the practice of his profession. Trying to find another word for diligently in English? Unemployment Rate as of October 2018. For the Contractor, if such evidence has not been taken, then half your job has already been done for you. from the works or the assignment of the benefit of any agreements for the supply of materials or goods for the execution of any other works.16 In doing so, bear in mind you may well end up with a pile of unpaid invoices if you do choose to take on any suppliers or subcontractors who were previously on the project. (Pathology) a convulsive or jerking motion, as from excitement 4. Google Translate diligently. Hot working, the shaping of metal above its recrystallization temperature. However, pinning the contractor down to rigid milestone dates with delay liquidated damages attached to them brings its own problems. Entering the university of Erlangen in 1843, he soon began to devote his attention to the history of the German language and literature, and in 1848 went to Munich, where he remained five years, and diligently availed himself of the use of the government library for the purpose of prosecuting his historical studies. However, if a contractor fails to accelerate in these circumstances could that be further evidence of a lack of due diligence? Measures to avoid these consequences are not always successful, regardless of how diligently they are pursued. The giant had a broom, and was cleaning up and fixing around, diligently. However, Sabic and Vivergo provide some general guidance as to how this obligation might be construed: Can an employer now insist that its Contractor accelerate the works when it is in delay? working 2 of 2 adjective 1 : engaged in work especially for wages or a salary a working journalist a working mother 2 : adequate to permit work to be done a working majority 3 : assumed or He had diligently studied the works of Jacob Boehme, and there were found amongst his manuscripts copious abstracts from them in his own handwriting. However, employers may now seek to rely on the Sabic case as giving them the right to insist that the contractor accelerate the works, at its own cost, as part of its obligation to proceed with due diligence to achieve the specified completion date. After working for many years as a reporter, Caro wrote The Power Broker (1974), a biography of New York urban planner Robert Moses, which was chosen by the Modern Library as one of the hundred greatest nonfiction books of the twentieth century. As the judge in that case made clear, the success or otherwise of this argument will depend upon the terms of the contract in question and what is required to achieve the completion date. A working person is employed: working mothers working adjective [not gradable] (PERFORMING AS INTENDED) performing as intended and doing what it is supposed to do: The mechanic finally Thereafter he had no settled charge, but, until his death at Hartford on the 17th of February 1876, he occasionally preached and was diligently employed as an author. In contrast, Mr Justice Ramsey did not consider that a lack of supervision (without more evidence in support) would be enough to found a separate ground for establishing a failure to proceed regularly and diligently.7 Similarly, allegations of poor material controls, rework of defective fabrication and inadequate management of scaffolding resources were deemed not to add much further to the evidence already put forward. Second, learn your company's sexual harassment prevention policy and follow it diligently. Manca qualcosa di importante? The brothers worked diligently to build a tree house. No problem. Unless the contract provides otherwise, a contractor is entitled to programme and plan the works as it sees fit to achieve completion by the completion date. 3. The contractor is obliged to progress the works with due diligence. We have listed all the similar and related words for diligently alphabetically. This is widely understood to require the contractor to proceed: continuously, industriously and efficiently with appropriate physical resources so as to progress the works towards completion substantially in accordance with the contractual requirements as to time, sequence and quality of work. (Simon Brown LJ in West Faulkner Associates v London Borough of Newham.). Test your vocabulary with our fun image quizzes, Clear explanations of natural written and spoken English. The male shaman had an inner woman or wife whom he listened to closely and who guided him. Examples, Meaning, and Usage. Tm hiu thm. The writers and editors at LovetoKnow Home Improvement diligently research their topics before sharing information with you. According to the title-page the New Testament was " translated faithfvlly into English ovt of the authentical Latin, according to the best corrected copies of the same, diligently conferred vvith the Greeke and other editions in diuers languages.. At Cambridge he applied himself diligently to the several sciences as then taught, and came to the conclusion that the methods employed and the results attained were alike erroneous. Contains Parliamentary information licensed under the. The host followed with Marya Antonovna Naryshkina; then came ambassadors, ministers, and various generals, whom Peronskaya diligently named. Concurrent delay: the latest guidance from the courts, Delay does not of itself provide conclusive proof of a lack of due diligence, but it may suggest and evidence a lack of due diligence (, Failing to achieve the programmed productivity because of inadequate resourcing will usually evidence a failure to proceed regularly and diligently (, Where an employer is actively trying to manage and mitigate any delay caused by its contractor and requests the contractor to re-deploy resources to higher priority areas, this may jeopardise any subsequent claim that the contractor has failed adequately to resource the works. WordReference . Conditional Sentences: Examples of the Different Types, What Is a Gerund? The consequences of getting it wrong can be high. Although Facebook works diligently to prevent violations to your privacy, for example through Facebook profile trackers, you should still take steps to protect yourself as well. (Mining & Quarrying) ( often plural) a part of a mine or quarry that is being or has been worked 5. Assessing whether the definition of failing to proceed regularly and diligently has been satisfied is very much a question of judgement and must be assessed against the backdrop of what evidence is available to prove a lack of diligence. All rights reserved. If you are a lawyer or work in a legal capacity, please register for a free trial to see if Practical Laws resources are right for your business. 'pa pdd chac-sb tc-bd bw hbr-20 hbss lpt-25' : 'hdn'">, Example from the Hansard archive. A client called merecently to discuss an issue that is probably familiar to many clients. The records preserved in each city were examined, topographical information was diligently collected, and the Jesuit fathers checked their triangulation by meridian altitudes of the sun and pole star and by a system of remeasurements. Evidence of delay when compared to a contract programme is always going to be helpful but, as set out below, is not on its own sufficient. 3. Their investigation has since been diligently prosecuted. Get this wrong and the Contractors employment will not have been terminated but the Employer may be in repudiatory breach of contract. Meanwhile, the French in Metz had been diligently at work. Instead, find one who you trust will diligently fight for you. A surprising amount is the answer. Video evidence should be obtained over a period of time and should ensure wide coverage of the site. The simple rule on notices of termination is that you cannot be too careful. Equally if the resources are as planned but there is still delay, then this may be used by a contractor to evidence they are proceeding regularly and diligently. In Vivergo Fuels Limited v Redhill Engineering Solutions Limited9 the TCC stated that a failure to provide the level of resource shown in a programme would itself be evidence of a failure to proceed regularly and diligently. Unfortunately, the requested page is unavailable, inaccessible, unreachable at this moment. The other mistake that is very easily made is the wrong person or entity issues the notice(s). Remixers work diligently on their own projects, using songs from as far back as the Commodore 64 through the Super Nintendo Entertainment System and today's PlayStation 2, Xbox, Game Cube and Game Boy hits. Because people are urged to wear sunscreen diligently and some people don't get outside much, it's easier now to have a vitamin D deficiency than in the past. Greek models were diligently studied by Virgil and Horace. Pressing danger could only exist if Blucher had gone northwards, and northwards, therefore, in the Dyle valley, he should have diligently sought for traces of the Prussian retreat.'. Organic gardening methods to lower soil pH take longer and must be used diligently to lower the soil pH. Our customized, multichannel support solutions and professional agent workforce manage your fluctuating sales and customer service needs. (, Poor labour management and inadequate supervision does not necessarily establish (on its own) that a contractor is not proceeding regularly and diligently (, The fact that a contractual obligation (that is, achieving the completion date) has become impossible does not render the separate obligation of due diligence irrelevant or less onerous. This particular issue was considered in two recent TCC cases, Sabic UK Petrochemicals Ltd v Punj Lloyd Ltd and Vivergo Fuels Ltd v Redhall Engineering Solutions Ltd. The Minnesota government is working diligently to stop the trend of foreclosures since the situation is not only bad for homeowners, but for the entire community as well. Yes! He kept on diligently collecting materials, and as he did so was constrained to modify some of the statements he had published. and On the other hand, it is known that it was being diligently, copied by Assur-bani-pal's scribes (7th century B.C. Learn more. Editors review every article in a timely manner, and each writer diligently works to provide you with unbiased and helpful information. With on-demand service, better engage, empathize, and delight your customers, wherever and whenever they If you would like to receive a digital version of our newsletters please complete the subscription form. This is never an easy question, either from the Contractors view or the Employers view. This edition of Insight reviews what constitutes a failure to proceed regularly and diligently in the context of JCT standard form contracts. Find another word for diligently. ; . Why dont you run away, screaming in terror? So what could go wrong? He diligently cultivated the rice field in the rural areas for five years. However, in the Sabic case, the judge took things a step further. Because people are urged to wear sunscreen diligently and some people don't get outside much, it's easier now to have a vitamin D deficiency than in the past. However, proving a lack of due diligence is notoriously difficult. He said due diligence is not determined subjectively by reference to the individual contractors achievements (or lack of them): it is a contractual requirement with which the contractor must comply; and it is to be assessed in the light of the other contractual obligations that the contractor has undertaken. How to use hardworking in a sentence. Working supervisors also handle timekeeping records, employee training, performance reports, and employee concerns. There is a paradox here. The priests diligently practise all the precepts of their rituale.g. It is the luxurious and dissipated who set the fashions which the herd so diligently follow. The brothers worked diligently to build a tree house. Improve your vocabulary with English Vocabulary in Use from Cambridge.Learn the words you need to communicate with confidence. Done with meticulousness and extreme attention to detail Adverb Actively, or with great endeavor or resolve assiduously actively arduously determinedly hard industriously intently laboriously purposefully resolutely amain busily conscientiously doggedly intensely intensively obstinately perseveringly sedulously slavishly steadfastly strenuously For our active agents: Schedule your work hours for programs, check your invoices, stay informed on all new contract opportunities and receive important alerts via push notifications on the new Working Solutions mobile app. If you need to work on something more diligently, Gwinnett Yoga Center offers private instruction at the studios or in your home. I love Working Solutions. With this in mind, we look at the kind of evidence that an Employer should collect if the worst happens and the Contractor is failing to proceed regularly and diligently (often in practice accompanied by signs that their financial status is less then ideal). The shamans power came from the depth of their communication with this inner figure, which was In West Faulkner v London Borough of Newham,3 the Court of Appeal examined a nearly identical clause to that in the JCT standard forms and concluded: Taken together the obligation upon the contractor is essentially to proceed continuously, industriously and efficiently with appropriate physical resources so as to progress the works steadily towards completion substantially in accordance with the contractual requirements to time, sequence and quality of the works. [Emphasis added]. Welcome to Working.com! Recent court guidance. working meaning: 1. relating to work: 2. having work: 3. operating: . Virgo's partner can expect that this sign will work diligently to correctwhatever ails their relationship, not just out of love, but out of principle. He continued, however, to devote himself diligently to the pursuits of science, and published many remarkable memoirs. Trick or treat! yella ghost, a vampire, and a werewolf. The ample revenues which his predecessors had consumed in pomp and luxury he diligently applied to the establishment of hospitals; and the multitudes who were supported by his charity preferred the eloquent discourses of their benefactor to the amusements of the theatre or of the circus. By signing in, you agree to our Terms and Conditions In copper-engraving Diirer was at the same time diligently training himself to develop the methods practised by Martin Schongauer and earlier masters into one suitable for his own self-expression. working 17595 GIFs. Forum discussions with the word(s) 'diligently' in the title: Discussioni su 'diligently' nel forum English Only, Una o pi discussioni del forum combaciano perfettamente col termine che hai cercato, Journalists should diligently seek out subjects of news stories to give them the opportunity to respond to allegation of wrongdoing, by planning carefully and
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