Sub-contracting
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Sub-contracting
A subcontractor is a person or business which undertakes to perform part or all of the obligations of another's contract, and a subcontract is a contract which assigns part of an existing contract to a subcontractor. A general contractor, prime contractor or main contractor may hire subcontractors to perform specific tasks as part of an overall project to reduce costs or to mitigate project risks. In employing subcontractors, the general contractor hopes to receive the same or better service than the general contractor could have provided by itself, at lower overall risk. The European Union has recognised the need to make provision for sub-contracting in its Government procurement in the European Union, rules on public procurement, as arrangements for sub-contracting can support the EU's drive to involve more Small and medium-sized enterprises, small and medium-sized undertakings in the provision of goods and services for the public sector. Definition United States Government p ...
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Government Procurement In The European Union
Government procurement or public procurement is undertaken by the public authorities of the European Union (EU) and its member states in order to award contracts for public works and for the purchase of goods and services in accordance with principles derived from the Treaties of the European Union. Such procurement represents 13.6% of EU GDP , and has been the subject of increasing European regulation since the 1970s because of its importance to the European single market. According to a 2011 study prepared for the European Commission by PwC, London Economics and Ecorys, the UK, France, Spain, Germany, Poland and Italy were together responsible for about 75% of all public procurement in the EU and European Economic Area, both in terms of the number of contracts awarded through EU-regulated procedures and in value. The UK awarded the most contracts in value terms and France had the highest number of contracts. Although the United Kingdom left the EU on 31 January 2020, the ex ...
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General Contractor
A contractor (North American English) or builder (British English), is responsible for the day-to-day oversight of a construction site, management of vendors and trades, and the communication of information to all involved parties throughout the course of a building project. In the United States, a contractor may be a sole proprietor managing a project and performing labor or carpentry work, have a small staff, or may be a very large company managing billion dollar projects. Some builders build new homes, some are remodelers, some are developers. Description A general contractor is a construction manager employed by a client, usually upon the advice of the project's architect or engineer. General Contractors are mainly responsible for the overall coordination of a project and may also act as building designer and construction foreman (a tradesman in charge of a crew). A general contractor must first assess the project-specific documents (referred to as a bid, proposal, or tend ...
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Business
Business is the practice of making one's living or making money by producing or Trade, buying and selling Product (business), products (such as goods and Service (economics), services). It is also "any activity or enterprise entered into for profit." A business entity is not necessarily separate from the owner and the creditors can hold the owner liable for debts the business has acquired except for limited liability company. The taxation system for businesses is different from that of the corporates. A business structure does not allow for corporate tax rates. The proprietor is personally taxed on all income from the business. A distinction is made in law and public offices between the term business and a company (such as a corporation or cooperative). Colloquially, the terms are used interchangeably. Corporations are distinct from Sole proprietorship, sole proprietors and partnerships. Corporations are separate and unique Legal person, legal entities from their shareholde ...
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Supplier Evaluation
Supplier evaluation and supplier appraisal are terms used in business and refer to the processes of evaluating and approving potential suppliers by quantitative assessment. The aim of the process is to ensure a portfolio of best-in-class suppliers is available for use. Supplier evaluation can also be applied to current suppliers in order to measure and monitor their performance for the purposes of ensuring contract compliance, reducing costs, mitigating risk and driving continuous improvement. Process Supplier evaluation is a continual process within purchasing departments, and forms part of the pre-qualification step within the purchasing process, although in many organizations, it includes the participation and input of other departments and stakeholders. Most experts or firms experienced in collecting supplier evaluation information prefer doing so using five-step processes for determining which to approve. Their processes often take the form of either a questionnaire or interview ...
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False Self-employment
False self-employment is a situation in which a person registered as self-employed, a freelancer, or a temp is de facto an employee carrying out a professional activity under the authority and subordination of another company. Such false self-employment is often a way to circumvent social welfare and employment legislation, for example by avoiding employer's social security and income tax contributions. While a modern "gig economy" encourages more casual employment practices in the interests of labour flexibility, the extent to which this disguises precarious employment and denial of rights is of growing concern to authorities. There is a grey area of self-employed persons who rely heavily on a single customer while legitimately being independent. Principle A salaried-work relation hidden behind a false pretense of self-employment is in some jurisdictions a violation of and a non‑compliance with labour law. For social security, the falsely self-employed is declared not to be ...
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Elancing
E-lancing, also known as e-labour, is the practice of taking freelancing work through online job offers. E-lancing websites or platforms operate as hubs where employers place tasks, which freelancers from around the world bid for. Some e-lancing websites act as intermediaries for payment, paying the freelancer directly after work is completed, to mitigate the risk of non-payment. The Economist Newspaper Ltd, 2010. "Work in the digital age: a clouded future". ''The Economist'', Volume 395, Number 8682, May 15th-21st 2010. Roto Smeets, Weert (Netherlands). Employers posting work on these websites set the price they are willing to pay for the task proposed. History In 2012, 1.56 million people were freelancers in the United Kingdom, a rise of 11.9% since 2008. Sebastian Trenner of the World Bank wrote in 2012 that online marketplaces were unlikely to produce a significant decrease in skilled unemployment.Trenner, Sebastian Conversely, Karsten Geis of Empirica Capital wrote in 2 ...
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Florida Supreme Court
The Supreme Court of Florida is the state supreme court, highest court in the U.S. state of Florida. It consists of seven justices—one of whom serves as Chief Justice. Six members are chosen from six districts around the state to foster geographic diversity, and one is selected at large. The justices are appointed by the governor of Florida, governor to set terms, which do not exceed six years. Immediately after appointment, the initial term is three years or less because the justices must appear on the ballot in the next general election that occurs more than one year after their appointment. Afterward, they serve six-year terms and remain in office if retained in the general election near the end of each term. Citizens vote on whether or not they want to retain each justice in office. Chief justices are elected by the members of the Court to two-year terms that end in every even-numbered year. Chief justices may succeed themselves in office if they are re-elected by the ot ...
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Ambiguity (law)
Ambiguity occurs when a single word or phrase may be interpreted in two or more ways. As law frequently involves lengthy, complex texts, ambiguity is common. Thus, courts have evolved various doctrines for dealing with cases in which legal texts are ambiguous. Criminal law In criminal law, the rule of lenity holds that where a criminal statute is ambiguous, the meaning most favorable to the defendant—i.e., the one that imposes the lowest penalties—should be adopted. In the US context, Justice John Marshall stated the rule thus in '' United States v. Wiltberger'': Contract law In contract law, the ''contra proferentem'' rule holds that, depending on the circumstances, ambiguous terms in a contract may be construed in favor of the party with less bargaining power. International law In Canada, courts have developed rules of construction to interpret ambiguities in treaties between Indigenous peoples and the Crown. In 1983, the Supreme Court of Canada held that "treaties ...
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Law Of Florida
The law of Florida consists of several levels, including constitutional, statutory, and regulatory law, as well as case law and local law. The '' Florida Statutes'' form the general statutory law of Florida. Sources The Constitution of Florida is the foremost source of state law. Legislation is enacted by the Florida Legislature, published in the '' Laws of Florida'', and codified in the '' Florida Statutes''. State agencies publish regulations (sometimes called administrative law) in the '' Florida Administrative Register'' (FAR), which are in turn codified in the '' Florida Administrative Code'' (FAC). Florida's legal system is based on common law, which is interpreted by case law through the decisions of the Supreme Court, District Courts of Appeal, and Circuit Courts, which are published in the ''Florida Cases'', '' Southern Reporter'', ''Florida Law Weekly'', and ''Florida Law Weekly Supplement''. Counties and municipalities may also promulgate local ordinances. There are a ...
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Reasonable Time
Reasonable time is that amount of time which is fairly necessary, conveniently, to do whatever is required to be done, as soon as circumstances permit. As a U.S. legal term, the phrase has been a topic of controversy for many years. It is generally used in reference to performing an action or remitting payment, but this is a very vague term which causes litigation problems in many court cases. Uniform Commercial Code section 2-206(2) requires that acceptance of an offer be made within a "reasonable time" if no time is specified: European Union law refers in the Charter of Fundamental Rights of the European Union to: *A right to good administration: :''Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union'' (Article 41) *A right to an effective remedy and to a fair trial: :''Everyone is entitled to a fair and public hearing within a reasonable time by an indepen ...
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New Jersey Superior Court, Appellate Division
The New Jersey Superior Court, Appellate Division (in case citation, N.J. Super. Ct. App. Div) is the intermediate appellate court in New Jersey. "The Appellate Division of New Jersey's Superior Court is the first level appellate court, with appellate review authority over final judgments of the trial divisions and the Tax Court and over final decisions and actions of State administrative agencies." Above the New Jersey Superior Court, Appellate Division is the Supreme Court of New Jersey which "sits alone atop the State judiciary, entertaining appeals from the Appellate Division and, on rare occasions, directly by order of the Court from other cases within the judicial and administrative system." The Appellate Division hears appeals from the Law and Chancery Divisions of the New Jersey Superior Court, the Tax Court, and final decisions of State administrative agencies. The Appellate Division decides approximately 7,000 appeals and 7,500 motions each year. "Generally speaking ...
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Florida Fifth District Court Of Appeal
The Florida Fifth District Court of Appeal is headquartered in Daytona Beach, Florida. History The Fifth District Court of Appeal was created by the 1979 session of the Florida Legislature. The addition of the Florida Sixth District Court of Appeal in 2023 changed the caseload of the Fifth DCA. Previously, the Fifth DCA handled cases from the following counties and circuit courts: Lake, Marion, Sumter, Citrus & Hernando (Fifth Circuit); Volusia, Flagler, Putnam & St. Johns (Seventh Circuit); Orange & Osceola (Ninth Circuit); and Brevard & Seminole (18th Circuit). The Ninth Circuit was reassigned to the Sixth DCA and the Fourth Circuit (Clay, Duval & Nassau) was added from the First DCA. Chief Judges Judges who have served as Chief Judge of the Fifth DCA include: *Thomas D. Sawaya (2003–2005) *Robert J. Pleus Jr. (2005–2007) *David A. Monaco (2009–2011) *Richard B. Orfinger (2011–2013) *Jay P. Cohen (2017–2018) *Kerry I. Evander (2019-2021) Active Judges Judges who ...
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