Archive for October, 2011
Tips for hiring contractors (and 10 ways to avoid scammers). Strathclyde Associates Trading and Management Construction Company: To protect yourself — and your money — here are 4 tips to ensure that your next remodeling project goes smoothly.
We love building for ourselves, but some jobs just need to be subbed out. Unfortunately, a competent, honest remodeling contractor is no easy find. There are thousands of reliable, trustworthy contractors out there — but there are quite a few toolbox-wielding knuckleheads, too. Here’s what you should keep your eye on:
Tips for hiring contractors (and 10 ways to avoid scammers). Strathclyde Associates Trading and Management Construction Company: Avoid sleazy or shady tactics.
The first thing to do is make sure you’re not being scammed. Beware these 10 red flags:
The contractor…
Provides credentials or references that can’t be verified.
Offers a special price, but only if you sign a contract today.
Accepts only cash, requires large deposits or wants the entire cost up front.
Asks you to write a check in his name (not to the business).
Won’t provide a written contract or complete bid.
Refuses to apply for building permits, and asks you to get them.
Offers exceptionally long warranties.
Proposes to do most or all of the work on weekends and after-hours.
Gives you a low-ball offer that sounds too good to be true.
Has “Will work for beer” painted on the side of his trucks?
Tips for hiring contractors (and 10 ways to avoid scammers). Strathclyde Associates Trading and Management Construction Company: Check the construction work.
When you meet with contractors, ask each to bring photos or drawings of completed jobs that are similar to yours. When possible, ask to visit a completed project. Get in touch with the homeowners involved, says construction manager Amy Johnston, author of “What the Experts May Not Tell You about Building or Renovating Your Home.” Ask pointed, pertinent questions such as:
What was the original construction budget?
What was the final construction budget?
How would you describe the quality of the work?
Was the job site kept clean and organized?
Was the project completed on time?
Were any liens filed on your property?
Would you work with this contractor again?
Vetting a contractor through customers works both ways — word-of-mouth recommendations have long been one of the most reliable means of finding competent contractors. Seek references from neighbors, friends, architects, colleagues and real-estate agents. You can also find local contractors, along with ratings and reviews, from online sources, such as Angie’s List.
Tips for hiring contractors (and 10 ways to avoid scammers). Strathclyde Associates Trading and Management Construction Company: Check the paperwork.
Check to make sure contractors are licensed and insured. A good pro should volunteer documentation. If you have doubts, contact the Better Business Bureau and check for complaints. When comparing competitors’ bids, make sure everything is spelled out. This includes the scope of the work, materials specified, warranties, references, time frames, cost overruns, payment
Once you have chosen a contractor, obtain a written contract that includes the items specified in the original bid, plus the final price, payment terms, sales tax, permit fees, the specific work to be performed, materials to be used, warranties, start and end date, change-order processes, final review and sign-off procedures and debris removal. Once the job is under way, make sure the necessary building permits are on display.
Tips for hiring contractors (and 10 ways to avoid scammers). Strathclyde Associates Trading and Management Construction Company: Check the bills.
When advancing money for materials, ask the contractor if you can pay the supplier directly. Always pay with a check, never by cash. Take a carrot-and-stick approach to completed work — pay incrementally as each significant phase of work is completed. Be careful about paying for work that hasn’t been finished. Before making the final payment, do a visual inspection of the entire project and make a punch list of any repairs or uncompleted work. Put all change orders in writing; avoid verbal contracts.
A small but important technicality: Request signed lien releases from all major subcontractors and suppliers before making final payments. A lien release guarantees that the contractor has fully paid his materials suppliers. Former contractor Tom Philbin, author of “How to Hire a Home-Improvement Contractor Without Getting Chiseled,” tells the story of a Memphis, Tenn., homeowner who had some work done on his house. “The job went smoothly and he paid the general contractor all the money for the job. But the contractor hadn’t paid his supplier, who slapped a lien on the homeowner. The homeowner ultimately had to pay an additional $ 20,000, even though he had paid the contractor in full.” Get those lien releases. By Joseph Truini, Popular Mechanics
Strathclyde Associates Trading and Management Construction Company is passionate in the belief that from adversity comes opportunity. We believe that sustainable competitive advantage is always predicated upon the focused execution of a few core strengths or principles that are endemic to each particular company.
Strathclyde Associates Trading and Management Construction Tips for hiring contractors
Tips for hiring contractors (and 10 ways to avoid scammers). Strathclyde Associates Trading and Management Construction Company: To protect yourself — and your money — here are 4 tips to ensure that your next remodeling project goes smoothly.
We love building for ourselves, but some jobs just need to be subbed out. Unfortunately, a competent, honest remodeling contractor is no easy find. There are thousands of reliable, trustworthy contractors out there — but there are quite a few toolbox-wielding knuckleheads, too. Here’s what you should keep your eye on:
Tips for hiring contractors (and 10 ways to avoid scammers). Strathclyde Associates Trading and Management Construction Company: Avoid sleazy or shady tactics.
The first thing to do is make sure you’re not being scammed. Beware these 10 red flags:
The contractor…
Provides credentials or references that can’t be verified.
Offers a special price, but only if you sign a contract today.
Accepts only cash, requires large deposits or wants the entire cost up front.
Asks you to write a check in his name (not to the business).
Won’t provide a written contract or complete bid.
Refuses to apply for building permits, and asks you to get them.
Offers exceptionally long warranties.
Proposes to do most or all of the work on weekends and after-hours.
Gives you a low-ball offer that sounds too good to be true.
Has “Will work for beer” painted on the side of his trucks?
Tips for hiring contractors (and 10 ways to avoid scammers). Strathclyde Associates Trading and Management Construction Company: Check the construction work.
When you meet with contractors, ask each to bring photos or drawings of completed jobs that are similar to yours. When possible, ask to visit a completed project. Get in touch with the homeowners involved, says construction manager Amy Johnston, author of “What the Experts May Not Tell You about Building or Renovating Your Home.” Ask pointed, pertinent questions such as:
What was the original construction budget?
What was the final construction budget?
How would you describe the quality of the work?
Was the job site kept clean and organized?
Was the project completed on time?
Were any liens filed on your property?
Would you work with this contractor again?
Vetting a contractor through customers works both ways — word-of-mouth recommendations have long been one of the most reliable means of finding competent contractors. Seek references from neighbors, friends, architects, colleagues and real-estate agents. You can also find local contractors, along with ratings and reviews, from online sources, such as Angie’s List.
Tips for hiring contractors (and 10 ways to avoid scammers). Strathclyde Associates Trading and Management Construction Company: Check the paperwork.
Check to make sure contractors are licensed and insured. A good pro should volunteer documentation. If you have doubts, contact the Better Business Bureau and check for complaints. When comparing competitors’ bids, make sure everything is spelled out. This includes the scope of the work, materials specified, warranties, references, time frames, cost overruns, payment
Once you have chosen a contractor, obtain a written contract that includes the items specified in the original bid, plus the final price, payment terms, sales tax, permit fees, the specific work to be performed, materials to be used, warranties, start and end date, change-order processes, final review and sign-off procedures and debris removal. Once the job is under way, make sure the necessary building permits are on display.
Tips for hiring contractors (and 10 ways to avoid scammers). Strathclyde Associates Trading and Management Construction Company: Check the bills.
When advancing money for materials, ask the contractor if you can pay the supplier directly. Always pay with a check, never by cash. Take a carrot-and-stick approach to completed work — pay incrementally as each significant phase of work is completed. Be careful about paying for work that hasn’t been finished. Before making the final payment, do a visual inspection of the entire project and make a punch list of any repairs or uncompleted work. Put all change orders in writing; avoid verbal contracts.
A small but important technicality: Request signed lien releases from all major subcontractors and suppliers before making final payments. A lien release guarantees that the contractor has fully paid his materials suppliers. Former contractor Tom Philbin, author of “How to Hire a Home-Improvement Contractor Without Getting Chiseled,” tells the story of a Memphis, Tenn., homeowner who had some work done on his house. “The job went smoothly and he paid the general contractor all the money for the job. But the contractor hadn’t paid his supplier, who slapped a lien on the homeowner. The homeowner ultimately had to pay an additional $ 20,000, even though he had paid the contractor in full.” Get those lien releases. By Joseph Truini, Popular Mechanics
Strathclyde Associates Trading and Management Construction Company is passionate in the belief that from adversity comes opportunity. We believe that sustainable competitive advantage is always predicated upon the focused execution of a few core strengths or principles that are endemic to each particular company.
Written by strathclyde
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Patented alternative construction technology company Imison reports that a number of factors in its manufacturing and supply chain processes contribute to a greener construction process.
Strathclyde Associates Construction Management News: The company uses a technology that creates buildings with panels that are made from expanded polystyrene (EPS) and have a light-gauge steel core. The walls are coated with a spray-on fibre cement plaster.
Imison’s EPS tongue-and-groove panels are cut in their Pretoria factory, to allow for simple assembly and plaster coating at the construction site.
Strathclyde Associates Construction Management News: Imison international business development director Albert van Rensburg says that the factory has almost no noise pollution as a result of the quiet machines and that this contributes to the greenness of company’s production. The offcuts of EPS are also recycled.
The houses built by Imison can be constructed with significantly shorter lead times compared with traditional bricks-and-mortar houses and can assist government in tackling the local housing backlog, says Van Rensburg.
Strathclyde Associates Construction Management News: He adds that the company has built a number of show houses as part of the selection processes for low-cost housing contracts in communities around the country and that these communities have had a favourable response to the speed with which the buildings were constructed.
“People like to touch something and make sure that it is strong. When we allowed people to enter the house, they were impressed by the feel and strength of the house,” says Van Rensburg.
He adds that a challenge with introducing new concepts into the construction industry is the cultural perception of the reliability of bricks. However, he adds says that the Imison technology is lighter and stronger and has a number of advantages that surpass the perceived strengths of bricks-and-mortar construction.
Strathclyde Associates Construction Management News: The Imison construction technology has a degree of flexibility, which allows the houses to withstand ground movement and extreme weather conditions. The technology has successfully undergone hurricane testing in Florida, in the US, and snow load-capacity testing in Sweden.
Van Rensburg says that the insulating quality of EPS in the walls makes Imison homes up to 70% more energy efficient, requiring less heating in winter and less cooling in summer. He adds that the environmental impact at the construction site is also reduced, as Imison’s processes cut waste down from 15% in bricks-and-mortar construction to 5%.
Strathclyde Associates Construction Management News: Further, removing bricks and up to 90% cement use from the construction process contributes significantly to environmental friendliness and structural efficiency, says Van Rensburg. An added benefit derived from the lack of weight of EPS is the use of smaller engined vehicles, which results in fuel and emissions savings.
Imison’s unique construction model has been used in the Gauteng provincial government’s 20 Priority Township project. The project is aimed at building better communities and upgrading local and social infrastructure.
Strathclyde Associates Construction Management News: However, Van Rensburg says that the technology is not only appropriate for low-cost housing and has been used successfully in the construction of luxury homes.
The first building to use the Imison techno- logy was a luxury home built 12 years ago, in Cape Town.
Van Rensburg says that homes built by Imison are bondable and insurable.
By: Lindsey Berry, Edited by: Brindaveni Naidoo
Strathclyde Associates Trading and Management Construction Company made a number of associations mainly in the Pacific and Southeast Asia regions. These business partnerships added extra strength to Strathclyde Associates Trading and Management Construction Company. We are proud to be associated with projects in countries including Thailand, Indonesia, Singapore and Seoul, S Korea.
Written by strathclyde
This movie shows the construction of a building in Loveland, Colorado that was built from August 2005 – May 2006. For more information about this video, please visit www.foundphotography.com
Video Rating: 4 / 5
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Commercial steel buildings have improved construction time, cost savings, and usability for businesses. Commercial steel businesses offer a quicker construction time to get a business up and running. With the majority of the framework being prefabricated offsite, professionals can erect a metal building in just a few days. Traditional building methods would take much longer using either concrete or wood.
A commercial steel building reduces cost and expense simply by not presenting as many possible construction delays. Since the construction of a steel building goes so more quickly than traditional systems, investors will not pay as much for labor expenses. Although the expense of the steel components may be greater than an equivalent building of wood or cement, the reduced labor requirements often price such a structure well below comparative building materials.
Consider the many advantages presented by a steel building such as safety and flexibility. If a company needs to expand their operations, contractors can install additions or building extensions much more easily and efficiently than they could on traditional structures. Decrease factory or warehouse lighting expenses with easily installed skylights in your steel building.
Metal buildings reduce fire hazards because they contain few or no flammable materials. Where fire would spread quickly in a wooden structure, a metal building could be more effective at localizing and containing combustion. Additionally, metal buildings offer greater wind resistance in violent storms which could destroy shingle roofs or vinyl siding. With the reduced hazard potential, a business will find their building less expensive to insure.
If the building requires climate control for its intended use, the contractors can install a variety of insulation types. For storage facilities, they can install a type of sheet insulation across the frame before the metal siding and roofing panels go on. For a more people-friendly environment, thicker foam or fiberglass insulations can make a commercial steel building as snug as any traditional structure.
Make sure your contractor builds within the specifications of your location and specific needs. The framing in a commercial steel building should withstand whatever potential snow load your location could experience. A commercial building should have 26 or heavier gauge steel to hold up for a long time. Shop around to find the building contractors who can best meet your needs. Commercial steel building fabricators will gladly provide estimates on the size, price, and timing to provide you an adequate structure
Written by sahil2010
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The Caterpillar For Sale included the equipments in the year in 1925, and since there was no looking back. The pages for the Caterpillar equipments are still on rise including and has made their name widely in the construction industries by achieving success in marketing and for sales. The California was the first place where the caterpillar introduced the amazing heavy equipments with precise details ate the show. The company is involved in the process of manufacturing, designing, distribution of the sales in the productions of the engines, machinery, manufacturing, and all sorts of the financial products.
Litronic Excavator Crawler
The company has many peculiarities and this has made them to be in the leading position by achieving good reputation and offer best quality construction equipments for sale in the market. They not only offer the heavy equipments but are also good in top rankers in the financial sectors. The Caterpillar for sale is leading among the top in the world for the production of the mining and construction equipments, industrial gas turbines, diesel and natural gas engines. The company had wide range of chain production formed in different countries. The survey showed that this is the only company in selling the construction equipments almost in all continents of the world.
They are been tag as the global leaders, who focuses hard on delivering the truly amazing products, enhancing technologies and offering the best services across the countries. The excellent reputation and in each field is the sole motto and the target of the company. They have 220 dealers and have branches in 157 countries of the world spread in all single continent. Also, they have 51 plants in USA and more than 59 plants overseas. The company produces more than 400 company’s vehicles and product which are been associated in purchasing the heavy construction machinery for sale. The company produces heavy range of hydraulic excavators to off highway trucks, motor grades, wheel loaders and many more. This sort of machineries are been used widely for the agricultural processes.
The company also manufactured one of the best tractors across the world which is the first choice by the farmers, because of the long lasting quality and the way it works. The equipments produced by the company includes forestry departments, mining industries, energy productions including all those tools which are been widely used for the transportation. They are counted as the world’s largest creators for the wheel loaders, which come in different sizes and types like the larger and medium forms.
The used heavy equipments will be the better choice, as new equipments are quite expensive. The company also offers wide varieties in ultra demolition excavators, rigid dump trucks, Rollers, Tracked loaders, Mechanical Drive trucks, Diesel series of the trucks and many more. The caterpillar equipments are one of the best and important in terms of offering the best heavy equipments for sale.
Written by jerrycm86
The heavy equipments or the construction equipments are widely used in many sectors for construction, mining or it may be for commercial or industrial purposes. The existence of the heavy equipments has made the job easy which is equivalent to more than 100 numbers of workers. The heavy equipments are of various types and hence the function for them changes as they are been modified. The main purpose of these equipments is widely used for the lifting, digging, and performing such work that is quite tough or rather impossible to perform by many people. The used equipments include backhoes, wheel loader, bulldozers, pavers, excavators, air compressors, cranes, tractors, trucks, lifters, generators, welders, washers and the air compressors.
There are many manufactures like New Holland equipment, Bell Equipment, Komatsu Equipment, Kawasaki, Volvo, Caterpillar, Bobcat, and many more. In all of these Komatsu and Caterpillar is one of the best groups in producing the best heavy equipments for sale in the market. The industries who are in to heavy construction work requires large number of technical engineers and hence the technical advisors should be well skilled, so as to tackle all the problems if occur. The maintenance and the regular checking programs will definitely help in order to enhance the profit as well as the production of the companies. The entire constructions industries are totally depend on such equipments, so as to reduce the hard efforts very easily and comfortably.
The Caterpillar For Sale equipments has got immense reputation from the buyers; also it is the world’s biggest manufacturer for producing the construction machines. The product of the Caterpillar equipments starts from comprehending Road Construction Equipment and Earth Moving Machinery as well as for the engines that are been use for instance. They offer all types of excavators including wheel loaders, scarpers, dozers, crawler loaders, graders and many more. Mr. Benjamin Holt is considered as the inventor for the chain drive corporation for the crawler machines.
The Komatsu For Sale are those equipments and are the second largest company in manufacturing the best quality and durable heavy equipments used for the construction and mining sites. Apart from, the construction machinery, they also offer generators, forklifts, electronics, industrial robots, and compressors in large demand. The Komatsu full liner company offers more than 100 construction machines types that can be use for tele handler to the mobile crushers. Hanomag, the German company in 1995 joined the hands of the Komatsu and started producing the AG wheel loaders in the name of Komatsu Hanomag I Hanover. The Company produces one of the largest bulldozers across the world name Komatsu D 575 with 132 tons.
Written by jerrycm86
Proponents of the use of canons argue that the canons constrain judges and limit the ability of the courts to legislate from the bench in US. Rules of construction or statutory construction is the process of determining how the provisions of the general law relate to a specific legal case, and distinguishes the rules of statutory interpretation from other rules or aids for the interpretation of law in common law jurisdictions. Rules of construction has also been defined as “the drawing in inference by the act of reason, as to the intent of an instrument, from given circumstances, upon principles deduced from men’s general motives, conduct and action.
There are are certain general principles of interpretation which has been applied by the courts from time to time. And one of them viz. Construction Ejusdem Generis has been explained herein below. Ejusdem Generis is a Latin term which means “of the same kind,” it is used to interpret loosely written statutes. Where a law lists specific classes of persons or things and then refers to them in general, the general statements only apply to the same kind of persons or things specifically listed. Example: if a law refers to automobiles, trucks, tractors, motorcycles and other motor-powered vehicles, “vehicles” would not include airplanes, since the list was of land-based transportation. The term Ejusdem Generis in other words means words of a similar class. The rule is that where particular words have a common characteristic (i.e. of a class) any general words that follow should be construed as referring generally to that class; no wider construction should be afforded.
Construction Ejusdem Generis
According to the Black’s Law Dictionary (8th edition, 2004) the principle of Ejusdem Generis is where general words follow an
enumeration of persons or things, by words of a particular and specific meaning, such general words are not to be construed in their widest extent, but are to be held as applying only to persons or things of the same general kind or class as those specifically mentioned. it is a canon of statutory construction, where general words follow the enumeration of particular classes of things, the general words will be construed as applying only to things of the same general class as those enumerated.
The expression Ejusdem Generis means of the same kind. Normally, general words should be given their natural meaning like all other words unless the context requires otherwise. But when a general word follows specific words of a distinct category, the general word may be given a restricted meaning of the same category. The general expression takes it’s meaning from the preceding particular expressions because the legislature by using the particular words of a distinct genus has shown its intention to that effect. This principle is limited in its application to general word following less general word only. If the specific words do not belong to a distinct. Genus, this rule is inapplicable. Consequently, if a general word follows only one particular word, that single particular word does not constitute a distinct genus and, therefore, Ejusdem Generis rule cannot be applied in such a case. Exceptional stray instances are, however, available where one word genus has been created by the courts and the general word following such a genus given a restricted meaning. If the particular words exhaust the whole genus, the general word following these particular words is construed as embracing a larger genus. The principle of Ejusdem Generis is not a universal application. If the context of legislation rules out the applicability of this rule, it has no part to play in the interpretation of general words. The basis of the principle of Ejusdem Generis is that if the legislature intended general words to be used in unrestricted sense, it would not have bothered to use particular words at all.
It is an ancient doctrine, commonly called Lord Tenterden’s Rule, dating back to Archbishop of Canterbury’s Casein 1596. Singer 47:17, at 272-73. It provides that when general words follow specific words in a statute, the general words are read to embrace only objects similar to those objects of the specific words. The rule recognizes and gives effect to both the specific and general words by using the class indicated by the specific words to extend the scope of the statute with the general words to include additional terms or objects within the class. In using the doctrine as an interpretative aid, it is important to keep in mind that it is not applied in a vacuum, and disputes cannot be resolved by merely tying the issue to the procrustean bed of Ejusdem Generis. In fact, there are several conditions that have been identified for the doctrine to apply, but none more important than the identification of the class. There are five conditions that have been identified:
(1) The statute contains an enumeration by specific words;
(2) The members of the enumeration suggest a class;
(3) The class is not exhausted by the enumeration;
(4) A general reference supplementing the enumeration, usually following it; and
(5) There is not clearly manifested an intent that the general term be given a broader meaning than the doctrine requires.
Classes can be defined in a vast number of ways, but the key to unlocking the true value of the doctrine is to ensure that the
identified class has some objective relationship to the aim of the statute. In other words, the basis for determining, which among various semantically correct definitions of the class should be given effectis found in the purpose and subject of the statute as revealed in the legislative intent.
The rule of Ejusdem Generis must be applied with great caution, because, it implies a departure from the natural meaning of words, in order to give them a meaning on a supposed intention of the legislature. The rule must be controlled by the fundamental rule that statutes must be construed so as to carry out the object sought to be accomplished. The rule requires that the specific words are all of one genus, in which case, the general words may be presumed to be restricted to that genus.
For example, the words ‘or otherwise’ are generally used as ancillary to the specific proposition which precedes them.
In Thakur Amar Singhji v. State of Rajasthan, the validity of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 was impugned. One of the tenures was known as Bhomichar tenure and it was contended that its holders were not jagirdars. It was held: We agree with the petitioners that a jagir can be created only by a grant, and that if it is established that Bhomichara tenure is not held under a grant, it cannot be classed as a jagir. We do not base this conclusion on the ground put forward that the word ‘Jagir’in Article 31-A of the Constitution should be read Ejusdem Generis with ‘other similar grants’, because, the true scope of the rule of ‘Ejusdem Generis’ is that words of a general nature following specific and particular words should be
construed as limited to things which are of the same nature as those specified and not its reverse, that specific words which precede are controlled by the general words which follow.
In State of Bombay v. Ali Gulshan, the question was whether the appellant was entitled under Section 6(4)(a) of the Bombay Land Requisition Act, 1948, to requisition, as for a public purpose, premises for housing a member of a foreign consulate. The sub-section provided that the State Government may requisition for the purpose of a State or any other public purpose . . .. The High Court held that the words ‘any other purpose’ should be read’ Ejusdem Generis’with the purpose of the State that accommodation for a member of the foreign consulate staff is a ‘purpose of the Union’and hence the State Government was not entitled to requisition. Allowing the appeal, the Supreme Court held: With great respect, we are constrained to say that the ‘Ejusdem Generis’ rule of construction, which found favour in the court below for reaching the result that the words ‘any other public purpose’ are restricted to a public purpose which is also a purpose of the State, has scarcely any application. Apart from the fact that the rule must be confined within narrow limits, and general or comprehensive words should receive their full and natural meaning unless they are clearly restrictive in their intendment, it is requisite that there must be a distinct genus, which must comprise more than one species, before the rule can be applied.
In Lilavati Bai v. Bombay State, the petitioner was the widow of a tenant of certain premises and she had vacated from such premises. Finding the premises vacant, the respondent requisitioned the premises under Section 6(4)(a) of the Bombay Land Requisition Act, 1948, for the public purpose of housing a government servant. One of the contentions of the petitioner was that under the Explanation to the sub-section there would be deemed to be a vacancy when the tenant ‘ceases to be in occupation upon termination of his tenancy, eviction or assignment or transfer in any other manner of his interest in the premises or otherwise’, and that the words ‘or otherwise’ should be construed as Ejusdem Generis with the words immediately preceding them. It was held:
the rule Ejusdem Generis sought to be expressed in aid of the petitioner can possibly have no application. The legislature, when it used the words ‘or otherwise’, apparently intended to cover other cases which may not come within the meaning of the preceding clauses, for example, a case where the tenant’s occupation has ceased as a result of trespass by a third party. The legislature intended to cover all possible cases of vacancy occurring due to any reasons whatsoever. Hence, far from using those words Ejusdem Generis with the preceding clauses of the explanation, the legislature used those words in an all-inclusive sense. The rule of Ejusdem Generis is intended to be applied where general words have been used following particular and specific words of the same nature on the established rule of construction that the legislature presumed to use the general words in a restricted sense that is to say, as belonging to the same genus as the particular and specific words.
Such a restricted meaning has to be given to words of general import only where the context of the whole scheme of legislation requires it. But where the context and the object and mischief of the enactment do not require such restricted meaning be attached to words of general import, it becomes the duty of the courts to give those words their plain and ordinary meaning.
In Western India Theatres v. Municipal Corporation, Poona , the respondent levied a tax of Rs. 2 per day as license fee on the
appellants, who were lessees of a cinema house. The levy was under Section 59(1)(xi) of the Bombay District Municipal Act, 1901, which provides that the municipality could levy ‘any other tax to the nature and object of which the approval of the Governor shall have been obtained’. It was contended that Section 59(1)(xi) is unconstitutional in that the legislature had completely abdicated its-functions and delegated the power to the municipality to determine the nature of the tax to be imposed. The contention was rejected by the Supreme Court and one of the reasons given for the decision is: Although the rule of construction based on the principle of Ejusdem Generis cannot be invoked in this case, for items (i) to (x) do not, strictly speaking, belong to the same genus, they do indicate, to our mind, the kind and nature of tax which the municipalities are authorized to impose.
In Kochunni v. State of Madras, it was observed: The rule of Ejusdem Generis is that when general words follow particular and specific words of the same nature, the general words must be confined to the things of the same kind as those specified. But it is clearly laid down by decided cases that the specific words must form a distinct genus or category. It is not an inviolable rule of law, but is only a permissible inference in the absence of an indication to the contrary.
In Jage Ram v. State of Haryana, the respondent issued a notification under Section 4 of the Land Acquisition Act, 1894, for the acquisition of the appellant’s land. The notification directed that action under Section 17(2)(c) of the Act shall be taken on the ground of urgency and that the provisions of Section 5-A shall not apply in regard to the acquisition. The appellant contended that though Section 17(2)(c) read by itself covers a very large field, that provision should be given a narrower meaning because of the provisions of Section 17(2)(a) and (b). It was held: The Ejusdem Generis rule is not a rule of law but is merely a rule of construction to aid the courts to find out the true intention of the legislature. If a given provision is plain and unambiguous and the legislative intent is clear, there is no occasion to call in aid that rule. Ejusdem Generis rule is explained in HALSBURY’S LAWS OF ENGLAND thus: ‘As a rule, where in a statute there are general words following particular and specific words, the general words must be confined to things of the same kind as those specified, although this, as a rule of construction, must be applied with caution, and subject to the primary rule that statutes are to be construed in accordance with
the intention of Parliament. For the Ejusdem Generis rule to apply, the specific words must constitute a category, class or genus, then only things which belong to that category, class or genus fall within the general words’.
The Supreme Court in Uttar Pradesh State Electricity Board v. Harishanker, has laid down the following five essential elements of this rule:
(1) the statute contains an enumeration of specific words;
(2) the subjects of enumeration constitute a class or category;
(3) that class or category is not exhausted by the enumeration;
(4) the general terms follow the enumeration; and
(5) there is no indication of a different legislative intent. If the legislative purpose of a statute is such that a statutory series should be read Ejusdem Generis, so be it, the rule is helpful.
But if not, the rule is more likely to defeat than to fulfill the purpose of the statute. The rule like many other rules of statutory interpretation is a useful servant but a bad master.
In State of Bombay v. Ali Gulshan, the interpretation of Section 6 (4) (a) of the Bombay Land Requisition Act, 1948 which said: ‘State Government may requisition for the purpose of State or any other public purpose , was’ involved. It was contended that under the provision the appellant was entitled to requisition premises for housing a member of the foreign consulate. The High Court held that the expression any other public purpose should be read Ejusdem Generis with purpose of state, and providing accommodation to a member of the foreign consulate being a purpose of the Union and not of the State, the State Government had no authority to requisition. The Supreme Court held that the High Court was in error in applying the principle of Ejusdem Generis. The general expression any other public purpose follows only a single expression for the purpose of a State which is not a distinct genus. In the absence of a genus the rule has no application. Further, the intention of the legislature is quite clear by the words used in the enactment. By giving the words their natural meaning it is apparent that the expression any other public purpose includes providing accommodation to a member of a foreign consulate.
InRajasthan State Electricity Board v. Mohan La1, the respondent raised a question of his seniority in service and filed a petition under Article 226 of the Constitution praying that suitable directions may be given to the appellant Board. The appellant contended that it was not ‘State’ as defined in Article 12 and that therefore no direction could be given to it. The High Court rejected the appellant’s contention. In the Supreme Court the appellant relied on certain decisions46 in which
‘other authorities’ in the Article were read Ejusdem Generis with ‘State’. Dismissing the appeal, the Supreme Court held:
In our opinion the High Court [in these cases] fell into an error in applying the principle of Ejusdem Generis when interpreting the expression ‘other authorities’ in Article 12 of the Constitution, as they overlooked the basic principle of interpretation that, to invoke the application of Ejusdem Generis rule, there must be a distinct genus or category running through the bodies already named. Craies summarizes the principle as follows: ‘The Ejusdem Generis rule is one to be applied with caution and not pushed too far.. .. To invoke the application of the Ejusdem Generis rule there must be a distinct genus or category. The specific words must apply not to different objects of a widely differing character but to something, which can be called a class or kind of objects. Where this is lacking, the rule cannot apply, but the mention of a single species does not constitute a genus’. Maxwell explained the principles by saying, ‘But the general word which follows particular and specific words of the
same nature as itself takes its meaning from them, and is presumed to be restricted to the same genus as those words . . .. Unless there is a genus or category, there is no room for the application of the Ejusdem Generis doctrine.’
In the Old English case of Evans v. Cross the words’other devices’ had to be interpreted in Section 48 (9) of the Road Traffic Act, 1930 which defined a ‘traffic sign’ to include ‘all signals, warning sign posts, direction posts, signs, or other devices’. Applying the rule of Ejusdem Generis the Court held that a painted white line on a road could not be called a traffic sign because devices are things, which a painted line on road is not. Similarly, in re Latham Deceased, the words ‘or other
person’ in the expression ‘trustee, guardian, committee or other person’ in Section 8 (4) of the Finance Act, 1894 was ‘interpreted Ejusdem Generis to mean a person in a similar position to a trustee etc. and as such a person who was beneficially interested could not be included within it.
Where the preceding words do not belong to a distinct genus, the rule of Ejusdem Generis does not apply. For instance, in N.A.L.G.O. v. Bolton Corporation, the words ‘or otherwise’ had to be interpreted in the definition of a ‘workman’as any person who has entered into a work under a contract with an employer whether the contract be by way of manual labour, clerical work or otherwise: The court refused to apply the principle of Ejusdem Generis saying the preceding words manual labour’ and ‘clerical work’did not form a distinct category to be called a gems. In Lilavati Bai v. State of Bombaythe petitioner, the widow of a tenant of a certain premises, was not residing in it at the time. The respondent requisitioned the premises under Section 6(4) (a) of the Bombay Land Requisition Act, 1948 for providing accommodation to a government servant. The petitioner challenged the requisition on the ground that the premises was not vacant within the meaning of the explanation attached to the section according to which a vacancy will exist when the tenant ‘ceases to be in occupation upon termination of his tenancy, eviction or assignment or transfer in any other manner of his interest in the premises or otherwise: According to her the expression or otherwise should be construed Ejusdem Generis with the expressions preceding it. The Supreme Court held that the rule has no application in the present instance because the expressions preceding the words or otherwise are not species of the same nature, and therefore, do not belong to any identifiable genus. Assigning the natural meaning to the words used in the enactment it is clear that the expression or otherwise is intended to include all cases not covered -by
the preceding expressions. This interpretation is quite consistent with the object of the legislation.
In Hamdard Dawakhana v. Union of India through the Fruit Products Order, 1955, issued under Section 3 of the Essential Commodities Act, 1955, it was made obligatory that the peonage of fruit juice in fruit syrup should be twenty-five. The appellant argued that the order did not apply to its product Rooh Afza even though it contained fruit juices because clause 2 (d) (v) of the Order includes squashes, crushes, cordials, barley water, barrelled juice and ready-to-serve beverages or any other beverages containing fruit juices or fruit pulp and that the expression any other beverages containing fruit juices or fruit pulp
should be construed Ejusdem Generis. The Supreme Court rejected the contention and held that the rule had no application here because the things mentioned before the general expression any other beverages containing fruit juices or fruit pulp did not fall under a determinable genus. Further, the context makes it clear that all beverages containing fruit juice are intended to be included.
In M/s Siddeshwari Cotton Mills Private Limited v. Union of India, the Supreme Court observed that the expressions ‘bleaching, mercerizing, dyeing, printing, water-proofing, rubberising, shrink-proofing, organdie processing, which precede the expression ‘or any other process’ in Section 2 (f) (v) of the Central Excises and Salt Act, 1944 contemplate processes which import a change of a lasting character to the fabric by either the addition of some chemical into the fabric or otherwise. ‘Any
other process’ in the section must share one or the other of these incidents. The expression is used in the context of what constitutes manufacture in its extended meaning and the expression ‘unprocessed’ in the exempting notification draws its meaning from that context.
In Jagdish Chandra Gupta v. Kajaria Traders (India) Ltd., il1terpretation of the words ‘or other proceeding’ in the phrase ‘a
claim of set off or other proceeding to enforce a right arising from contract’appearing in . Section 69 of the Partnership Act, 1932 was involved. The Supreme Court did not apply the principle of Ejusdem Generis because the preceding words /a claim of set off did not constitute a genus. The court also observed that interpretation Ejusdem Generis or Noscitur a Sociis need not always be made when words showing particular classes are followed by general words. Before the general
words can be so interpreted there must be a genus constituted or a category disclosed with reference to which the general words can and are intended to be restricted.
In Jiyajirao Cotton Mills Ltd” v, Madhya Pradesh Electricity Boardinterpretation of the words ‘any other relevant factors’ was
involved. The Electricity Board has been empowered under Section 49 (3) of the Electricity Supply Act, 1948 to fix deposit tariff for the supply of electricity to any person having regard to the geographical position of any area, the nature of the supply and the purpose for which the supply is required and any other relevant factors’. The Supreme Court did not apply the Ejusdem Generis principle because the preceding words did not belong to a distinct category. In M. Kumar v. Bharat Earth
Movers Limited, the Supreme court observed that to invoke the application of the Ejusdem Generis rule there must be’ a distinct genus or category. The specific words must apply not to different objects of the widely different character but to something which can be called a class or kind of object; where this is lacking, the rule will not apply and mention of single specie will not constitute a genus.
Conclusion
EJUSDEM GENERIS is (a) In an enumeration of different subjects in an Act, general words following specific words may be construed with reference to the antecedent matters, and the construction may be narrowed down by treating them as applying to things of the same kind as those previously mentioned, unless of course, there is something to show that a wider sense was intended. (b) If the particular words exhaust the whole genus, then the general- words are construed as embracing a larger genus.
This is a rule of language employed by the courts when a situation arises that may not have been foreseen when the statute was being drafted. It will bring within the meaning of the statute things that are of the same classor genusas those mentioned within the statute itself. Thus, if specific items are listed, plus a general term (for example, houses, offices, rooms or other places), the general term of other placeswill include things only of the same class as the specific list, in this case indoor places.
General words in a statute should be taken ordinarily in their usual sense. General words, even when they follow specific words, should ordinarily be taken in their general sense, unless a more reasonable interpretation requires them to be used in a sense limited to things Ejusdem Generis with those specifically mentioned. If, however, the particular words exhaust the whole genus, the general words must be understood to refer to some larger genus.
The doctrine of Ejusdem Generis is only part of a wider principle of construction, namely, that, where reasonably possible, some significance and meaning should be attributed to each and every word and phrase in a written document. That being the object of the doctrine, it is difficult to see what difference it can make whether the word ‘other’ is or is not used, provided-and this is essential-that the examples which have been given are referable to a clearly ascertainable genus.
Written by mohanrsca
Professional writer writing on the topics of beauty,fashion,health,friend,love
In a construction industry, choosing the right contractor is crucial. This is because it is the contractor which will provide the materials, equipment, devices, machines, and sometimes even the specific construction jobs. In short, you are spending a big chunk of money of your investment in a contractor, so you don’t want one which you cannot trust. If you are not careful about this aspect, untoward incidents may happen without warning such as careless injuries, poorly constructed buildings, and construction projects missing the target deadline. And worse, you will end up running costs unlawfully higher than what was projected.
Whether you need a contractor to provide services and needs to your construction project such as temporary or permanent structures like formwork, scaffolding, or commercial or residential building, you need to be very vigilant in looking for the right contractor. This is to ensure the project will be completed properly, safely, and professionally and thus avoid law suits which happen massively every year because of failure between contractor-client professional relationships.
Here are the things you should do when searching for an outstanding contractor for your construction project:
Assess and Compare Reputable Contractors
To start with, you need to identify at least two or three reputable contractors. Interact with each and research to assess the kind of job they offer. One thing that tells a contractor has a strong work ethic and has been trusted by different clients is they will be able to answer directly and clearly questions which you may throw at them. They will also give you the right advices on important factors specifically the materials, costs, time frame, construction jobs and others. The weight of advice they can dispense is one key indicator that they are the right contractor which can give the outstanding job you require.
Check Their Safety Standards
Safety standards are one important aspect that construction companies should clearly state to the clients. Do they follow various safety and health procedures during operation of the project? Do their construction job workers follow the right procedure when it comes to health and safety aspect? Do they comply with rules and regulations as in accordance with constructions safety and health act?
Check also if the construction company is abreast with the government’s current standards in the same issue. Check if they do immediately train their construction job workers and employees to meet the new government’s safety standard. Always remember to hire a contractor which is always at par with current standards to avoid unwanted injuries to both workers and the bystanders; and more importantly, to avoid facing serious legal actions. As they say, it is better safe now than sorry later.
Can They Provide What you Want or Need for the Project?
It is important to ask if the contractor can supply the materials and other needs according to your preference. If possible, be familiar with the kind of supplies they provide to ensure you are getting the most of your money. Also, check their reputation when it comes to finished projects. You can ask for references which they have previously worked on and see the quality of work they have done. A reliable contractor will not have any second thoughts when you ask for local references. If they do, then this is going to be a risk should you hire them.
Trust Your Gut Feeling
Finally, check whether you effectively communicate with the contractor and their construction job workers or you have difficulty relaying to them what you want. Even if they pass the above checkpoints but your gut instinct is telling there is something wrong working with them, there is no point in hiring them. Always remember that healthy working relationship is one key to successfully completing a project with the construction company.
Written by mcarvs
A freelance writer
Everytime that Zynga releases a new constructable building in FarmVille, you can almost hear a collective groan from FarmVillers across the globe. “Again?” they say, “Really?” Constructable buildings that are available are the Beehive, Garage, Horse Stable, Nursery Barn, and Pigpen. Sometimes Zynga will release a limited edition constructable building as well.
Constructing a building requires gathering up to ten each of multiple unique items. For example, to build a BeeHive, you must collect 10 each of the following items: Beeswax, Bricks, Nails, Smokers, and Wooden Boards. That’s a total of 50 items! Fortunately, there are a few different ways to obtain the items you need to finish off your constructable buildings.
Pay Up
Most Construction Materials are availabl the marketplace for a small amount of FarmVille Cash. If you are of the “gotta have it now” mentality, this is the absolute fastest way to get your construction materials. However, most people don’t want to spend FarmVille Cash on something they can get another way.
Ask for Help
In your progress window for your constructable building, you can request specific items from your FarmVille neighbors. Send out requests to all your active neighbors and they will recieve a request for an item to be sent in the gift area on facebook. It is very easy for them to simply click on your request to send you a specific item. These don’t count as someone sending you a gift, so it does not limit their ability send you a gift later in the same day. However, you can only request an item from a person once until they process your request.
Send Out
Help your friends by sending them materials and add a message to your gift letting your friends know to send you one back after they accept. You can keep sending gifts back and forth until you reach the limit of sending one gift per person, per day.
Keep up with your News Feed
As your friends make progress on their buildings, they will post their progress. Often these progress posts come with free items for neighbors. Collect these as much as possible to help you reach your goal.
Grow your Neighborhood
You might be noticing a trend – the more active neighbors you have, the better your chances of getting all the contruction materials you need. Network with your current neighbors and find out if they have any friends that you can add on facebook to help your neighborhood grow!
Stock Up
There always seems to be a new constructable building coming out for FarmVille. Keep any extra building materials that tend to be used for multiple buildings like nails, boards, or bricks for the next building that comes out. Since you can have 200 items in your gift box, you don’t have to sacrifice other items to keep a few constructable materials on hand.
Check out my other FarmVille articles:
Ways to Use Bushels in FarmVille
Ways to Get Bushels in FarmVille
How to Use Bushels in FarmVille to Create Crafted Goods
How to Use Bushels in FarmVille to achieve masteries
Pros And Cons of Keeping Dogs in Farmville
How to Build a Garage and Upgrade Vehicles in FarmVille
Written by tenthz
Technical Writer, Chef Extraordinaire and FarmVille Addict
Hemp can make a cement-like substance that is stronger & lighter than traditional cement.
If you are in to construction business, then it is very important to use heavy equipment in order to make the work more easy and reliable. Carrying heavy equipments or shifting them from one place to another becomes tough, hence having those equipments will be an advantage. It has become necessary part in the construction, mining and various businesses. The heavy equipments include dump trucks, crane, skid steer, backhoes, excavator, tractor, loader and many more, that are been incorporated in your day to day life. Many small and large scale industries use heavy equipments in order to put less work on the labors.
Heavy equipments are also use in order for constructing the entire house projects, other daily operations and many more places. The uses of these equipments are practiced where it is just impossible to perform manual work. Also, it takes lot of time if the work is done manually and hence the heavy equipments are very essential in performing such activities. If you are planning to buy new tools, instruments or else equipments for expanding your construction business, then don’t over look Backhoes for sale and Excavators for sale. These are the best tools in performing the heavy loads of work with ease.
The Backhoes For Sale is one of the most flexible machinery that has ever found in the construction and mining industries. It is flexible machinery that is been used on the construction site, as it consists two parts of equipments that is been considered as the heavy duty machinery. The backhoes loader is similar to the wheel loader and can be used as excavation purposes. This helps them in achieving the flexibility in order to buy the piece of machinery for the construction purposes. It is very much productive in order to operate for its efficient and safe manner. It also contains amazing frame work, attaching levers, and is very fasten during the transportation process.
Besides the Backhoes equipments, Excavators equipments for sale can also be used for diggings of holes, foundations, trenches and many other things. It can be also used for demolition for the old house or various other property works. They are also used for general grading, landscaping and digging as well. Their main role is placing and lifting the certain objects which are heavy in order to move them from one place to another. Excavators’ equipments can be useful in order for degrading of the rivers and digging such places where humans can not reach properly.
There are various benefits of using the Backhoes and Excavators Equipments For Sale, especially if you are in to the construction business. Use of such heavy equipments will definitely reduce the hard work which is to be put by manually.
Written by jerrycm86
RC Construction Equipment
Video Rating: 4 / 5
The horse stable is a welcome addition to FarmVille. Just like the dairy farm and chicken coop you can store multiple animals in a much smaller area. This way keeping animals can actualy make financial sense. Keeping animals on your farm roaming free requires too much space to be profitable, but with the addition of animal holding building this drawback is greatly reduced.
To start building your stable, simply go to your gift tab and select the stable there. Everyone recives the starting foundation for their stable for free from FarmVille. Unlike the other animal building though, the structure is not complete once you have placed it. You will need to collect building materials from your friends to finish the stable. A proper barnraising is needed.
The stable requires 50 different items to be completed. There are five different types of material you need to collect, boards, nails, bricks, horse shoes and harnesses. To complete the stables you need to collect 10 of each of these items. So how do you go about getting them?
To complete your stable, your friends are the key. Everyone gets the ability to gift two types of materials every day. If you have many friends playing FarmVille you can collect these items quickly. Make sure you send a variety of gifts to your friends, and ask them to return the favor. You will typically have one or two materials that are harder to find than the rest, so don’t be afraid to ask your active FarmVille playing friends for specific items. Don’t spam everyone on your friends list with requests though. Chances are that most of them are pretty sick of FarmVille requests by now.
If you don’t have many farming friends and you don’t want to wait around for buidling materials you can buy what you need for Farm Cash. At just one Farm Cash a piece you can build the entire stable for 50 Farm Cash. Now, most people don’t want to use their hard earned real money on a game like Farm Ville, and especially not for the ability to build a virtual stable. This is a healthy mindset. However, it is possible to earn limitless Farm Cash without spending a single penny. Taking advantage of the ‘offers’ in FarmVille you can make enough to build your stable in notime at all. You can read more about how to take advantage of the free Farm Cash offers here.
Once you have all your materials collected, it’s time to move in the horses. FarmVille will gift you a special grey horse for completing the building, but your new stables can still hold 19 more horses so get to collecting!
Written by havard