International Construction Contracts and Dispute Resolution

International Construction Contracts and Dispute Resolution Discuss the distinction between the role of the Engineer as an agent of the Employer and the Engineer as independent of the Employer. Discuss also whether the distinction is useful, and whether and where (and why) it might be abandoned or retained. In addition, consider and list the provisions in the FIDIC Conditions (Red Book) (1999 ed.) whereby the Engineer performs functions as: Agent of the Employer; and/or Independently of the Employer   The employer in a project is not an expert in the field of construction. The employer is one who only knows business thus, he needs someone with expert knowledge in the field to help him implement his project successfully. It is at this juncture the engineer comes into the scene who has the expert knowledge and helps the employer implement his project. He is employed by the employer and works for the employer in many different roles. As Dr Donald Charrett list out a series of thirteen roles that the engineer has to play, we can see that the engineers role comes into play much before the construction starts. Here it is the role that he plays after the contractor is appointed and the construction starts, we will see the multiplicity and conflict in his role as an engineer. The role that will be at focus in the essay, in broad terms is his role as an agent of the employer and as a decision maker. The essay will try to differentiate and discuss the roles in which the Engineer acts as an agent of the employer and roles where he acts independently from the employer. We will do this by looking out first as to how the concept of todays Engineer as an agent of the employer had developed and then discuss the different FIDIC condition that define and differentiate the role of the engineer. In the next part the discussion will focus on the independence of the engineer and will define the roles where the employer acts as an agent of the employer and where he is independent of the employer. I will deal with the provision of FICID not as a separate part, rather will list and discuss it with the first part of the question. At this stage I find it pertinent to first discuss who the engineer is according to FIDIC. The definition of an engineer can be found in sub clause 1.1.2.4 of red and yellow book: Engineer means the person appointed by the Employer to act as the Engineer for the purposes of the Contract and named in the Appendix to Tender, or other person appointed from time to time by the Employer and notified to the Contractor under Sub-Clause 3.4. This doesnt explain what the engineer job or role is as it has been dealt with by FICID under different sub-clauses under clause three. In a nut shell the Engineer is a individual whose role can be said to the project manager where he has to implement different aspect of the contract. In sub-clause 1.1.2.6 of red and yellow book the engineer is stated to be an employers personal. Sub-clause 1.1.2.6 stated: Employers personnel means the engineers, the assistant referred to in sub-clause 3.2 and all other staffs, labour and other employees of the engineer and of the employer; and any other personnel notified to the contractor, by the employer or the engineer, as the employers personnel. Looking at both the definition clause it becomes clear that the engineer is one who is appointed by the employer and is considered as employer personnel. One thing that come out clear from the definition clause is that the Engineer is always an employee of the Employer. The gives rise to the question, if the engineer can be independent at any circumstance though the contract or at the least be fair and impartial. The Engineer has multiple role to play which are related to the contract and some of his role as the Engineer starts much before the contractor is appointed. The Engineer was brought into the picture by the employer much before the contractor is appointed. The Engineer is brought in at the initiation stage as he is required to multiple works like assessing the design, advising on the contractor to the employer and sometime vet the projects viability to third party financer. With so many roles relating to the employer, can the engineer be expected to be independent. Historically it depended on the term of a contract to decide if the engineer was independent of the employer or not. In Ranger v Great Western Railway Co[1]the court by interpreting the contract found that the engineer was never independent and his decision were therefore the decision of the company. Whereas in in In re De Morgan, Snell Co. and Rio De Janeiro Flour Milling Co.[2], the chief engineer and the resident engineer were found to be independent from the employer. The basis was that where the engineer had autocratic control over the work and had the power to issue final and binding decision, was considered to be independent from both the contracting parties.[3] The courts saw this authority as a conflict of interest hence, applied very strict standard to the way engineers executed his authority and power.[4] This resulted in a change in The way the Engineer was related to the employer. The way the Engineer was related to the employer moved to a more modern form of the relationship we see today, where the Engineer mostly stands as an agent of the employer. The authority, duty and obligation ware still derived from a contract and this resulted in courts taking a stricter stance on the role of an engineer.   The courts have always imposed stricter and higher standard on the functioning of The Engineer. In cases where the contract engineer was the agent of the employer, the parties to the contract enter into the contract stating that the engineer has to undertake number of duties for the implementation of the project. Courts have mostly held that the engineer in case of absence of any words to the contrary in the contract is expected to act fairly in case of his role as a decision maker. Mc Farlan J in the case of Perini corporation v Commonwealth of Australia[5] had stated that, during the performance of all the duties under the contract the engineer will remain an employee of the government(Employer). Even during the discharge of his duty as a decision maker he continues to be the employee of the government, but he is still expected to act fairly and justly with skills towards both parties to the contract. In the modern form, we see that the engineer became an agent of the employer in his different roles under the contract, but he was still expected to act as an independent person should work, who must be fair, impartial and honest towards both the parties when acting in his role as a decision-maker under the traditional system. But the industry moved on from the independent form of the Engineer and the system of impartial Engineer as a decision-maker was adopted. The concept of an impartial engineer was incorporated in the modern form of contractual provision for construction contracts (FIDIC). 3.1 Fidic On The Role Of An Engineer The engineer under the old FIDIC red book was expected to act impartially. As was stated under sub-clause 2.6: (d) otherwise taking action which may affect the rights and obligations of the Employer or the Contractor, he shall exercise such discretion impartially within the. The incorporation and requirement of the impartiality of the Engineer was because of the realisation of the fact that there will always be a doubt on the impartiality. The presence of the doubt is because of the presence of conflict of interest as the Engineer is now the agent of the employer. Then over a period of time it was realised that the expectation of impartiality cannot be also confirmed. So there was again a change occurred from the requirement of being impartial to being fair. According to Ola Ø. Nisja the concept of fairness developed through case law in the common-law system as the engineer was expected to be a person with professional ethics and you can expect from him to be a fair decision maker. Ola Ø. Nisja   also states that the concept of a fair decision maker was not in common practice till the FIDIC form included it in their standard form of contract. Hence in the 1999 edition of FIDIC red book and yellow book the concept has been replaced with the concept of fairness with word fairly under clause 3.5 and the concept of impartiality wasdone away with. The reason being there will always be doubt on the impartiality of the engineer and that can be easily removed from the contract by words that can negate the expectation of impartiality. The thought has been made apparent by Lord Hoffmann in Balfour Beatty Civil Engineering Ltd v Docklands Light Railway[6] where he has stated that, the architect is the agent of the employer, so he is a professional man but can hardly be considered to be independent. He speaks of the architect who is appointed in the role of The Engineer, where you can still expect an individual to be fair if not independent or impartial. Intellectually speaking the concept of being fair is inherent to the nature of a decision maker that is expected in a common law system and it is easier to expect the engineer to be fair than being impartial. Even when the contract doesnt impose any obligation in any way, the engineer is still expected to act in a, honest, fair and reasonable manner when under taking the role of a decision-maker. The above observation comes from Balfour Beatty Civil Engineering Ltd v Docklands Light Railway Ltd only where there was no appointed engineer for the project and the employer itself through its own employee took up the duty of decision maker, he was still expected to be fair, honest and reasonable[7].   Other than the implied duty of acting impartially there is ex pressed duty under the code of ethic to act impartially also. Of the many issues that challenge the impartiality of the engineer one that, the engineer has to make a decision regarding to his own work. In such position there cannot be an expectation for impartiality at all. Of the many roles that Dr Donald Charrett list most of them have been infused into new role of an engineer in the modern time where he is the agent of an employer. As an agent, the duty of the engineer is to successfully implement the project which is surrounded around the condition that he has to work in the best interest of his employer. But as a decision maker he takes relief from his role as an agent of the employer and is expected to act as a neutral decision maker between the employer and contract and fairly decide the dispute. The clear differentiation of the engineers role can also be seen in standard form of contracts and specifically FIDIC. The role of an engineer is dealt in different sub-clause of clause three of both the FIDIC red and yellow book. Condition 3.1 deals with the duty and authority of an engineer and condition 3.1 (a) of both the red and yellow book state: Expect as otherwise stated in these condition:       Whenever carrying out duties or exercising authority, specified in or implied by the contract, the engineer shall be deemed to act for the employer; This makes it pretty clear that the employer is expected to act an agent of the employer in relation to any of the act he is required to do under the contract. And condition 3.5 of red and yellow book state deal with the role of an engineer as a decision maker, where it states that: If agreement is not achieved, the Engineer shall make a fair determination in accordance with the Contract, taking due regard of all relevant circumstances. It is clear from the wording of the FIDIC form of standard contract the engineer is in a position to represent the Employer in all matter, however he also has the obligation to discharge his contract obligation as a decision maker in a fair manner. Hence, of the many roles, an engineer plays, it is here as a decision maker, the engineer is expected to be fair and evenhanded when he is deciding the dispute. So, what we get in general is a person who is throughout the contract phase an agent but when required he has to act in the capacity of a decision maker and be neutral and fair. The sub-clause provides that he has to act fairly and even if the clause in struck out, under common law contracts there is an implied condition that the engineer still has to act fairly. Although the impartiality has been replaced with the concept of fairness, some author make it clear that the contractor should never assume that the engineer belongs to the employer but rather he should assume that the engineer acts independently and impartially according to his professional standards. The concept of an engineer is not discussed in the civil law system hence, may French courts have been seen struck down any clause which gave power to the engineer to decide a dispute. The problem here is that the role on an engineer and he operates is a common law developed concept which has been best explained by Mc Farlan J in Perini corporation v Commonwealth of Australia[8] . the essence of such a relationship where the engineer acts in dual capacity is that the parties have voluntarily agreed so in the contract. The parties have agreed that they will accept and bind themselves on matter that he is required to decide The engineers duty to act fairly is an obligation that is understood to arise from the term of contract. FIDIC condition is a standard form of contract and when adopted for any project makes it a valid form of contract and clause 3.5 makes its legally binding clause and if the engineers dont act fairly then it becomes a breach of contract. In a contract, it is the duty of the parties to follow the contract and act in good faith towards the fulfilment of the contract. Hence, the duty is somehow on the employer to see to it that the engineer acts fairly to honour the clause of the contract when acting as a decision maker as the Engineer is an employer personal according to the definition. The engineer is a person who may not be himself involved in the dispute but definitely has interest in the dispute. One he is deciding upon a dispute that is there because of a decision he took earlier relating to a work and second, he is deciding something which is going to affect both the parties, and he is related to one of the parties. Then the contract expects the Engineer to not only protect the employers interest, he will also be protecting his interests as his decision is related to one of his work only. While the Engineer takes over the role of the engineer he is still employed by the employer and his salary being paid by the employer so, when the engineer is acting as a decision maker he is getting paid by the employer only for that role too. In view the impeding nature of lack of independence in the role of an Engineer that the FIDIC books have two safe-guards when he is acting as a decision maker: to decide fairly and in accordance to the contract. Then again, to promote fairness the FIDIC book also prohibits the Employer from replacing the engineer with anyone against whom the contract raises any reasonable objection.[9] HHJ Jackson state the legal situation of an engineer in the best possible way in Scheldebouw BV v St James Homes (Grovernor Dock) Ltd [10] The terms of the contract according to which the engineer has to work determine the role and duty of the decision maker There cannot be an expectation that he decision maker is in anyway independent from the employer. But while acting as a decision maker the decision maker is expected to act in an independent, impartial, fair and honest manner. He should act using his professional skill to reach the right decision and should not indulge in any favourism towards his employer. The last point is of interest here where it states that he is expected to act in a manner which is independent from the employer. It gives the notion that the decision maker is never truly independent from his employer, but he is expected to shed that relation while acting as a decision maker. This makes it clear that a decision by the engineer can only be challenged in cases where there is a doubt of impartiality or lack of fairness. Hence, it must be remembered that doubt on the independence of the Engineer can be no more a ground for challenging the decision. However, the Engineer is expected to be fair and neutral, so any possibility or even the doubt of the presence of bias by the Engineer towards the Employers Interest in the decisions and determination of contractual disputes, provides the contractor with the opportunity and the avenue to appeal against the decision of the engineer. After going through the relevant provision of FIDIC, case laws and works of different field expert we can say that in the modern system of construction contract the concept of an independent contractor is not present any more. All the while the engineer is only expected to act independently but there is no actual individuality that is independent of the employer. As I have earlier stated the engineer is always paid a salary by the employer, even when he is acting as a decision maker so there cannot any presumption of independence. The FIDIC condition also moved on to the concept of a fair determination as impartiality can be in question and cant be always expected. The reason being there would always be doubt because the Engineer never stops being the agent of the Employer or as the FICID states Employers Personnel. According to Charles C MacDonald, the Engineer is one individual who lacks the necessary requirement of independence to make important decision, as he is appointed by the employer.[11] Even Redfurn and Hunter in their book agree that the engineer who is appointed by the employer will lack the necessary independence to make important decision.[12] As we take stock all that has been discussed till now all we can say in laymans language, the engineer is never independent but it is his duty to act in an independent manner.[13]   At the end, we can conclude that there is no real distinction between the role of the Engineer where he acts as the agent of the employer and a role which he takes up, that is independent from the employer. No provision in the FIDIC form of contract also differentiate between the role rather the provision make it clear that he remains as agent all the while till the contract is in place. There are safeguards to ensure impartiality and fair decision making but still role like the one of decision maker should not be in anyway related or inclined to any party.   This results in the lack of independence in the decision-making process as the trust in the engineer being fair is also lost. This has in the recent years has only resulted in using the Engineer as a decision maker only a procedural requirement as his decision is just a prerequisite to go for a DAB decision or arbitration. The present form has its advantages as it helps in resolving disputes quickly and is serving its purpose in most of the cases but also has in its own disadvantages. The engineers fairness will always remain a matter of question and doubt. There is no requirement to completely overhaul the present system, there is just a need to reduce the disadvantages. As recommended by Ola Ø. Nisja, one engineer can be appointed as the agent of the employer for all the roles presented by the contract, except the one of decision maker and when a dispute arises, a new engineer who is not part of the project be brought in to decide on the matter The concept of an independent Engineer in practice was lost long ago as we moved to the present form. An Engineer independent of the Employer is a myth.   However, as we saw, even as an agent of the employer the engineer has to act fairly while acting as a decision maker and giving determinations. It will always be a challenge to the role of an engineer but he has to overcome this shortcoming has to show real professionalism. [1] (1854) 5 HLC 72; 10 ER 824 [2] Hudsons Building Contracts (4th ed) Vol II 185 [3] Ibid, p 215 [4] ibid [5] Perini Corporation v Commonwealth of Australia [1969] 2 NSWLR 530. [6] Balfour Beatty Civil Engineering Ltd v Docklands Light Railway Ltd (1996) 78 BLR 42 [7] ibid [8] Perini (n 5). [9] Sub-clause 3.4 FIDIC Red book (1st ed) 1999 FIDIC Yellow Book (1st ed) 1999 [10] Scheldebouw BV v St James Homes (Grovernor Dock) Ltd [2006] EWHC 89 (TCC) [11] Charles C MacDonald, Allocation of Risk in Major Infrastructure Projects-Why do we get it so Wrong? ([2001] ICLR 345), [12] ibid [13] Scheldebouw (n 10)

Dr. King

In 1963, after a protest in Birmingham calling attention to the need for equal rights for African Americans, the Reverend Dr. Martin Luther King Jr. wrote an open letter to the coalition of Christian ministers in the American South.   Dr. King found himself the subject of extreme criticism from his fellow clergymen for his protest, specifically the illegality of the   protest. In his essay, Dr. King attempts to appeal to the ethical, emotional and logical sides of countrymen to show them that the laws that he was breaking were unfair and unjust in and of themselves. This paper will critically examine the appeals that Dr. King made and the effectiveness of those appeals.Dr. King begins his argument in favor of his actions with an appeal to the ethical considerations of his audience. â€Å"Since I feel that you are men of genuine good will and that your criticisms are sincerely set forth, I want to try to answer your statement in what I hope will be patient and reasonable terms,â €  (King 1963).   He begins by telling his audience that he respects their motives and hopes that they will respect his.This is an important part of the ethical argument in that King wants immediately to establish that this was not a rash action and that he is not defending himself lightly. Next, he seeks to establish his own credentials and his right to be in Birmingham. King mentions that people in Birmingham have complained of his coming in as an outsider and he immediately wants to clarify that he was invited in.â€Å"I have the honor of serving as president of the Southern Christian Leadership Conference, an organization operating in every southern state, with headquarters in Atlanta, Georgia. We have some eighty five affiliated organizations across the South, and one of them is the Alabama Christian Movement for Human Rights. Frequently we share staff, educational and financial resources with our affiliates.Several months ago the affiliate here in Birmingham asked us to be on call to engage in a nonviolent direct action program if such were deemed necessary. We readily consented, and when the hour came we lived up to our promise. So I, along with several members of my staff, am here because I was invited here. I am here because I have organizational ties here† (King 1963)By first establishing that his organization has ties in Birmingham and that he was invited, King dismisses the idea that he is just an outside rebel rouser. After establishing his right to be there, king establishes the authority under which his ethical decisions will be made. â€Å"Just as the prophets of the eighth century B.C. left their villages and carried their â€Å"thus saith the Lord† far beyond the boundaries of their home towns, and just as the Apostle Paul left his village of Tarsus and carried the gospel of Jesus Christ to the far corners of the Greco Roman world, so am I compelled to carry the gospel of freedom beyond my own home town,† (King 1963) . King calls to mind the ethical standard by which he wants to be judged: the Bible and his faith. Finally, King argues why his action is ethically justified.â€Å"Moreover, I am cognizant of the interrelatedness of all communities and states. I cannot sit idly by in Atlanta and not be concerned about what happens in Birmingham. Injustice anywhere is a threat to justice everywhere,† (King 1963). With this argument he points out the ethical concern that most directly led to the Birmingham protest, injustice.King also appeals to the emotions of his audience. â€Å"Then, last September, came the opportunity to talk with leaders of Birmingham's economic community. In the course of the negotiations, certain promises were made by the merchants–for example, to remove the stores' humiliating racial signs.† (King 1963). He begins by gently reminding them of the racial humiliation that was an integral part of the South at the time. Next, he moves onto the violence that th e average African American in the South had witness or heard.   And finally, he moves on to the emotional appeal of children, before turning the emotionally-charged words filled with hatred and familiar to all Southern â€Å"Negroes†.â€Å"But when you have seen vicious mobs lynch your mothers and fathers at will and drown your sisters and brothers at whim; when you have seen hate filled policemen curse, kick and even kill your black brothers and sisters†¦when you suddenly find your tongue twisted and your speech stammering as you seek to explain to your six year old daughter why she can't go to the public amusement park that has just been advertised on television, and see tears welling up in her eyes when she is told that Funtown is closed to colored children, and see ominous clouds of inferiority beginning to form in her little mental sky, and see her beginning to distort her personality by developing an unconscious bitterness toward white people; when you have to c oncoct an answer for a five year old son who is asking: â€Å"Daddy, why do white people treat colored people so mean?†; †¦when your first name becomes â€Å"nigger,† your middle name becomes â€Å"boy† (however old you are) and your last name becomes â€Å"John,† and your wife and mother are never given the respected title â€Å"Mrs.†; (King 1963)Throughout the essay, king also appeals to the logic of his audience. First, he points out that Southern blacks had attempted to sue the system, but that the system excluded them from it and therefore they could not change the system from within. Then, King begins to use statistics to back up his arguments, beginning first with the sheer lack of black voters in the South. â€Å"An unjust law is a code that a numerical or power majority group compels a minority group to obey but does not make binding on itself. This is difference made legal. By the same token, a just law is a code that a majority com pels a minority to follow and that it is willing to follow itself. This is sameness made legal. Let me give another explanation.A law is unjust if it is inflicted on a minority that, as a result of being denied the right to vote, had no part in enacting or devising the law. Who can say that the legislature of Alabama which set up that state's segregation laws was democratically elected? Throughout Alabama all sorts of devious methods are used to prevent Negroes from becoming registered voters, and there are some counties in which, even though Negroes constitute a majority of the population, not a single Negro is registered.† (King 1963). King also argues that unjust laws or just laws which are unjustly enforced must be changed and that people should take whatever action is reasonable to change them. By providing specific examples, he makes it hard for any logical person to disagree.Though King’s â€Å"I have a dream† speech is more famous than his â€Å"Letter F rom a Birmingham Jail†, it is in this essay that he sets the tone for the entire civil rights movement. In his use of emotional appeal, he moves beyond sheer anger to the disappointment and pain caused by segregation. His logical arguments are made soundly so that opponents cannot argue that he is simply hot-headed or breaking the law for the sake of personal gain. However, perhaps the most important and effective of his arguments come in his ethical arguments. When King illustrates gently, but with great strength, the unethical behavior that has led to the crisis in the South, he is non-accusatory and simply states how things ought to be. This above all else is what marks the greatness of this essay.

New Advertising Tools and Their Advantages

Introduction Technology is carrying new advertising tools a step forward from traditional advertising tools. With the improvements in technology and telecommunication, new advertising tools become the most effective way to find and reach target consumers. Brands become more Interactive and transparent. Like any tool, new advertising used correctly, it lowers investments and responds investments with quick increase in sales. Customization and advertisement-tailoring are another trend in today's society, therefore making new advertising tools more personal for target customers has great effect on sales.According to today's advertising and marketing conditions, it is a necessity to provide. Communication management is one of the most crucial requirements in today's marketing field. If the communication management process does not apply accurately, brand image is influenced negatively. Nowadays, besides the fact that target consumers are exposed to advertising communication, they are bec oming a part of the process as well. Another advantage which is brought by new advertising tools is measurement. Measuring the effects of their advertisements is every company's greatest desire.With online technology and new advertising tools, agreement becomes easier and unbiased. Moreover, measurable advertisements which are provided by new advertising tools enable the observation of return of investment in advertising. Social media channels and e-mail services provide customers easy and interactive communication with companies. Interaction between companies and customers improves quality of products and/or services. In addition to interaction, companies have opportunity to consider customer needs, wants and demands at first hand and answer them in real time.Even usage of social media and the internet advertisements are increasing dramatically; TV commercials and printed ads still reach more people than ever. In this regard, classic TV commercials and printed ads are still more us eful and effective for increasing brand recognition. Another consideration about advertising tools is memorabilia of advertisements. Generally some excellent examples of viral videos stick in customer's mind and the rest is forgotten quickly. II. New Advertising Tools a.Social Media Social media refers to interaction among people in which they create, share, and/or exchange information and ideas in virtual communities and networks. Andrea Kaplan and Michael Heinlein define social media as â€Å"a group of Internet-based applications that build on the ideological and technological foundations of Web 2. 0, and that allow the creation and exchange of user-generated content†. Furthermore, social media depend on mobile and web-based technologies to create highly interactive platforms through which individuals and communities share, co-create, discuss, and modify user-generated content.They introduce substantial and pervasive changes to communication between organizations, communit ies, and individuals. Diffusion of innovations is a theory that seeks to explain how, why, and at what rate new ideas and technology spread through cultures such as social media. Everett Rogers, a professor of communication studies, popularized the theory in his book â€Å"Diffusion of Innovations† (2003). The book says that diffusion is the process by which an innovation is communicated through certain channels over time among the members of a social system. The origins of the diffusion of innovations theory are varied and span multiple disciplines.The book explains the theory that there are four main elements that influence the spread of a new idea: the innovation, communication channels, time, and a social system. This process relies heavily on human capital. The innovation must be widely adopted in order to self-sustain. Mass. The categories of adopters are: innovators, early adopters, early majority, late majority, and laggards (Rogers 1962, p. 150). Diffusion of Innovat ions manifests itself in different ways in various cultures and fields and is highly subject to the type of adopters and innovation-decision process.According to diffusion of innovations, social media research has three different viewpoints. First, from the perspective of methodology, they design a grand new framework comprehensively considering the components of user preference, social influence, and propagation tendency to covers users with strong diffusion power. Second, from the empirical perspective, they use microbiology as the data source rather than traditional web sites. Third, from the perspective of application context, they apply this recommendation mechanism to online social advertising so as to deliver advertisements effectively.Nowadays, social media is used for sharing personal information, and giving ability of affecting millions of people with advertisements. Now, 87% of companies are using social media effectively to gather customer data, even they can access to c onsumers directly in real time. Advertising campaigns are established based on personal databases and relationships between individuals in social media. Consumers are good advisors on the social platforms which increases brand recognition and trust. For example, on the Twitter, customers are tweeting and firms reply their customers immediately.Also, companies can measure the effectiveness of these tweets. Social media is related with business traffic rise and business exposure. Social media marketing has different effects on individual's social life. While social media sector is improving rapidly, more and more social media companies are being established and that is lawful for the future business partnerships. B. ID Advertising A ID, 3-D (three-dimensional) film or SAD (stereoscopic ID) film is a motion picture that enhances the illusion of depth perception. ID technology is one of the most popular entertainment technologies in digital age.Glasses-on and non-glasses are the types o f ID technology. ID technology is also a new development for advertisement sector. Nowadays, popularity of ID advertisements is increasing, because it is more effective than normal ID advertisements. ID advertisements allow customers to explore products in every aspect. A higher sense of presence will result n greater enjoyment and an increase in level of product knowledge. Rising in perceived product knowledge and greater enjoyment will result in more favorable attitudes toward advertising.The effect of SAD advertising in creating presence will be moderated by the novelty of the advertising content and design. To sum up, ID and SAD advertising is a new tool and it increases the effectiveness of advertising. C. Online Advertisement Nowadays, advertisements are in consumers' mobile devices, on computers, in online games, etc. On the other hand, even if online platforms are popular, they are not used really effectively. Customers are trying to keep away from online advertisements and positive reactions to online advertisements are decreasing.To prevent these decreasing, billions of online advertisements can be developed differently from traditional ones, because many of them include too much visual and audio property which cannot be ignored and will be an advantage compared to traditional ones. The other way is non-search display advertisements like â€Å"Deceased† by Google. Ads can be given on the convenient sites which are appropriate for the company's content. Some campaigns, called obtrusive (visibility) campaigns, with videos or pop- as are differentiated with their contents.While visible online advertising and context-based online advertising are working so well separately, they are not successful when they are used as a combination. Consumers accepted context-based online advertisements, because they think they can learn something, but they do not like obtrusive online advertising. Also, context-based advertising can help to show the unexpected ac hievement of products like â€Å"Deceased† by Google. To conclude, there are some regulations directed by government about privacy of customers and constraints about gathering information from customers. D.Online Advertisement Tools Pop-Up: Opens a new window above current one. Pop-under: Opens a new window under current one. In-Stream Video & Audio: Part of videos on internet. Takeover: This kind of ad resizes the screen. Nonuser-Initiated Video & Audio: Videos and audios are played themselves as advertisements. Interstitial: When an individual visits a web-site, it appears by itself, while web page is loading. Nonuser-Initiated Background Music: Background music is played automatically. Full-Page Banner Ad: The advertisements appear in size of the computer screen. Interactive: Mutual communication is requested by the ad from its seers.Floating Ad: The users do not run this ad, they exist anywhere on the page for a while (generally 5-30 seconds). E. E-mail Advertisement Emai l advertisement is also an online advertisement tool which has been used for a long time by marketers to reach customers. When used effectively, e-mails are a good way to reach customers. Emails with catchy information are successful. However, considering the fact that consumers are facing so many mails, they can ignore advertisement e-mails from a single company, which comes daily. In this case, company should measure its e-mail effects and it should provide choices between Kelly and daily e-mails.There are disadvantages in e-mail advertising. Spam e- mails and e- mails without subscribe or non-subscribe options. For example, if a company sends e-mails to an unsatisfying customer and the customer cannot non- subscribe it, it will create a bad impact. In conclusion, companies should use e-mail advertisements effectively and they should make e-mails more personal and informative to be successful. F. Billboards Billboard is a large outdoor advertising structure (a billing board), typi cally found in high-traffic areas. Billboards present large advertisements to passing pedestrians ND drivers.Typically showing large, ostensibly witty slogans, and distinctive visuals, billboards are highly visible in the top designated market areas. Billboards are highly popular in outdoor advertising. There are three types of displays for outdoor advertising; posters, bulletins, and permanent bulletins. Billboards are changing very fast in recent years. Marketers are creating unique outdoor ads including ID advertisements, unique billboard advertisements apart from searching for efficient outdoor areas to reach their target market. It is claimed that billboards are causing visual pollution.In order to calculate the market value of billboards, marketers must regulation and zoning, traffic and visibility, and market demand. To conclude, valuation of the billboard has three different methods; the cost approach, the sale comparison approach and income capitalization approach. G. CRY C odes CRY code (abbreviated from Quick Response Code) is the trademark for a type of matrix barded (or two-dimensional barded) first designed for the automotive industry in Japan. A barded is an optically machine-readable label that is attached to an item and that records information related to that item.The information encoded by a CRY code may be made up of four standardized types of data (numeric, alphanumeric, byte / binary, kanji) or, through supported extensions, virtually any type of data. CRY code can be read by cameras of mobile phones or other devices which have an application and can access to internet. CRY code delivers related URL to users and provides more advertisement. It reduces cost of advertising and is actually more effective than traditional ones. Some brands use CRY code in their printed advertisements.For example, people access to Coca-Cola's music website by its CRY code for free. For making successful CRY code advertisement and promotion, arresters create a h armless URL and code, so that customers find it safe. CRY codes are examined by marketers in three principal variables; privacy concerns and trust risk. H. Product Placement Product placement, or embedded marketing, is according to the European Union â€Å"any form of audiovisual commercial communication consisting of the inclusion of or reference to a product, a service or the trade mark thereof so that it is featured within a program†.Product placement stands out as a marketing strategy because it is imperative to attach the utmost importance to â€Å"the context and environment within which the product is displayed or used†. This technique of advertising was made to create reality and awareness for the customers. Nowadays, firms invest large amounts for product placements. Visual-only, audio-only and audio-visual combined are three main strategies which are used for product placement. Visual-only strategy consists of product's image, motto, logo or other visual bran d without any sound.At the audio-only product placement, products cannot be seen in the video but brand names are mentioned in dialogues. The final type of product placement is made by combination of visual and audio. This combination must be made carefully in order to to interrupt the normal flow of the media. Product placement provides positive customer reactions, if they do not have negative ideas about products, for instance alcohol or cigarettes in movies. In conclusion, while exposing to media, consumers are positively affected by product placement, if they enjoy experiencing the media.Ill. Company Research a. Y ¶Rasa Y ¶Rasa is the first company which implemented pastured milk cheese production, also known as cultured cheese production, as industrial investment in Turkey. Varieties of cheese, yoghurt, milk, buttermilk, butter and fruit nectar are produced by Y ¶Rasa in factory which is located in Surplus, Balkiest. It has the largest market share among manufacturers of cheese product in Turkey. Y ¶Aras's factory in Surplus the traditional cheese at hygienic and modern facilities, ensuring its continuity have become policy and mission of company.Y ¶Rasa states its motto as â€Å"the haunting flavor†. It has been continuing to produce in European standards and is on the way of being a world brand, since 1908. When they first started, the percentage reserved for new advertising tools from Research & Development budget was 1%. However, they eave increased it to 5% and they aim to increase more within the years ahead. Y ¶Rasa uses 7% of their total sales for advertising budget and 15% of this advertising budget is reserved for online advertising. Faceable, Twitter and Youth accounts and their own web page are used for online advertising.They prefer to use outsourcing for advertising and work with several advertising agencies. They provide to their customer the real-time returns on social media accounts. This is an implementation which make s dissolve customer's doubts away and increase the existing customers' commitment. With efficient usage of social media, they have an advantage in terms of marketing among their competitor. Therefore brand recognition of Y ¶Rasa and their sales increase by time. They also use television, newspapers and magazines to reach their potential customer mass and they assert these are the most powerful channels they use.As it is mentioned before, they prefer to use a lot of advertising tools, several of which have combination of informative, persuasive and reminder characteristics. They aim to inform people about their product and production techniques, persuade and stick in exist and potential customers' mind by their Jingles and motto. They prefer the ads to be minder and persuasive while they are introduce new products to customer. They also want to ensure that the ads are completely honest and suitable brand's mission and principles.Y ¶Rasa uses five approaches. They use â€Å"music al† approach to make advertisements more reminder than traditional advertisements. They use â€Å"slice of life† approach to make their existing and potential customers feel themselves closer to the company. â€Å"Lifestyle† approach is supplementary to the slice of life approach. They are trying to implement â€Å"scientific evidence† approach and the â€Å"technical expertise† approach to advertisements as a combination. When implementing the combination, they take into consideration all certificates, company principles.One of the most important questions which asked by most of the companies is possibility of calculating return of social media investment. So many studies are being done about this topic but it is not very easy to value a â€Å"like† or a â€Å"follower† exactly. But it can be said that Y ¶Rasa is not only achieved their targets about usage of social media but also their recognition of brand has increased with usage of social media. They decide how long ads will stay on TV or any other advertising channels by taking into inconsideration watching frequency and researches about ads effectiveness.Generally advertisements display for month on TV but there is no time limit for social media ads. According to Y ¶Rasa, range of their advertisements is set by customer; frequency of advertisements is set by Y ¶Rasa and agency by taken into consideration research results and advertising budget. They prefer minimization of positive impact of advertisements. B. Coca-Cola As one of the most highly recognized soft drink brands in the world today, many people love Coca-Cola because of its sweet fine taste and refreshingly nice flavor. Today, it comes in different enticing varieties including Coca-Cola Vanilla, Coca-Cola Zero and Diet Coke.In order to know more about this great product, it is good to learn its history including information on the person who invented Coca-Cola. The consumer world is changing . Consumers do not want brands to communicate one- way. A story should be told. Coca-Cola is one of corporations have brand story. If it is a good story, it is spreading spontaneous. In all of their campaigns, it is wanted to create such stories because they believe and tell each other so that their communication occurs in this way. Otherwise, they do not want to be limited to certain periods of the messages.So, if it is said â€Å"Coca-Cola yammerer iii giddier. † (Coca-Cola goes well with food. ), they do not want to say only three months. After television ad, later on, all year in stores and digital area they continue same communication. For such communication, the necessary approach is used. Generally, musical and lifestyle, more music, are come to the fore. Music makes people happy and â€Å"mutual kappa as (open happiness) is their slogan. Coca-Cola is one of the best example of â€Å"Think global act local† motto. Coca Cola is a global firm but it acts as local company.Especially, Coca-Cola Ramadan ads are examples of this strategy. If the firm is perceived as member of an idea, it can lose some of target group and sales can decrease. Ramadan ad strategy transformed the threat into an opportunity. So, is it developed different strategies for different locations. Sometimes the ad can be informative, sometimes persuasive. Generally, the ad includes the mix of those. Decision depends on target group and products will be introduced. After interviews with the advertisement agency, the advertising tool which they should use is planned.Most of time, music helps advertisements to become informative, persuasive or reminder. Therefore, they care about the music festivals to reach people. The most known of the festivals are â€Å"Rock Coke† and â€Å"Fantasy Genii Festivals† (Fantasy Youth Festivals) in Turkey. The messages can be changed by the time. For example, during Ramadan, the ads are related in family themes, especially big fam ilies. On the other hand, in festive times, the messages are sending to young people, ads are about youth, entertainment and dance. In recent days, the new post is about Christmas.However, generally, it can be said the message must include happiness. As it is seen end of most ads, it is concluded with â€Å"mutual kappa as (open happiness) sentence. The ad time depends on the ad kind. This situation is changeable. Sometimes outdoor advertising need to people, area and legal permits, and it may take a week, maybe one day. When it is used billboards, the ad can be presented during one month. On the other hand, television ads are standardized. According to the ad, it has different time. Christmas ads are on view one or two weeks. The situation is more stable for the internet ads.In the process of advertising using the method, Cola products in general, young, care about healthy vying and vivacious people who have adopted as the main theme discussed are used of advertisements. On the ot her hand, when the main competitor Pepsi is investigated, it is observed its ad strategies generally are interested in famous stars have a reputation across the globe. Finally, Pepsi has been forced to change its strategy because most of time, Pepsi products are perceived as if for rich people. So, Coca-Cola is more effective in the field of traditional advertising.As mentioned above, Pepsi preferred famous people and it brought millions of dollars cost. This strategy did not work, because famous people do not convince as before. Coca-Cola is affecting simple but effective people ads. It interests the culture of societies and accordingly, it acts. In recent times, as a new advertising tool, new product placement system is emerged, popular TV series are used and feedback shows that it is successful tool to reach customers. The other new ad tool is digital media. Digital media supplies to understand what consumer think say and do.Clicks such as like clicks, comment clicks or dislike o nes are not a certain feedback. Click feedbacks cannot be measured as outcome of ad investments. But, absolutely they bring to rise o sales and revenues. At least, digital media helps to take the right steps. Ads contribute the company to recognize, traditional or digital. In the carbonated beverage industry, there should always be ad. Although digital media supplies less cost, it is Just focus of consumers who use more tech. Target group of Coca-Cola is wider, it covers online customers. So, the target group includes people of variety generations.The company uses mix advertising tools such as traditional, digital and outdoor advertising. All of them bring about different benefits. Digital media brings about some benefits to ad world. Every day, evolving network model and social networks help to make users happy. Thanks to profit at zero cost, competition and productivity are rising between businesses. New products and services are tested by online consumers with zero cost, it is di rectly seen problems, suggestions and requests of customers, increasing of brand awareness. These benefits make digital media become attractive.Nevertheless, traditional media is more used to get more consumers. Thanks to traditional media, Coca-Cola Company is leader and it has prestige in its industry when compared to its rivals. Digital area is interesting for the sat two years, for Coca-Cola. After the ideal agencies are determined, they have established a strong infrastructure. For example, this year they invited to official Faceable page for announcing the list of Rock Coke. Then, they announced that the list is not declared until gathering 10 thousand members of camping. It Just took a week to collect 10 thousand members.And then, the list is declared. World revenue of Coca Cola is $95 million. 8% of this revenue is used for advertisement and marketing expenditures. For thirty years, as an outsourcing, Coca-Cola & Pars McCann Erickson have worked together. For expenditures, t hey spend production costs of print, radio, internet and television advertisements as of the first date the advertisements take place. The following amounts reflect the total worldwide amounts spent on print, radio, internet, and television advertising. While choosing outsourcing agency for the ads, success of the agency is important for the first step.Then, the agency must understand what they aim. Innovative and forward-looking characteristics are more significant, because Coca-Cola is leader firm in the carbonated beverage industry. In Turkey, Coca-Cola Company is in a good relation tit McCann Erickson for 33 years. The advertisement's reach, frequency, impact and the other details are arranged by Pars McCann Erickson Agency. The internet ads have shorter time, the other ads on television are more often presented and they usually take time between half a minute and a minute. In accordance with the given instructions, the ad is emerged for the planned aim. . Move Turkey. It produc es fresh dairy products. Whether their employees or their customers, their priority is always â€Å"human†. Big or small, near or far, every one of their clients has the same meaning and same value for the company. Their understanding of quality and performance that constitute their group philosophy leads them to work hard, develop continuously and sustain their preciseness in production and services. Nova's motto and mission are suitable to the â€Å"innocent milk† principle and they are providing completely honest advertisements for their consumers and customers.In this regard, they are trying to be extremely careful. EX. and ITS approved certificates and awards can be seen all of their products to state Nova's principles. Moreover, they are trying to show their products' quality which is top quality, even by EX. standards. It is also named as the highest â€Å"premium quality'. Approximately 10% of their total sales are allocated for the advertising budget. About 2 5% of the advertising budget is allocated for the online advertising budget. When they first started, it was 1. 5%. However, they have increased it to 3% and they aim to make it 5% within the next five years.They prefer to use outsourcing for advertising. The outsourcing company is Refiner Advertising Agency. In the field of advertising characteristics, they are trying to inform consumers about their products and production techniques. Also, they are trying to convince consumers with the artifices and awards they have uniquely in the industry. With their â€Å"mottos and jingles†, they are trying to take a place in their existing and potential customers' minds. These techniques created serious positive impacts on company's sales.When introducing new products to the customers, they prefer to make advertisements more persuasive and reminder than previous advertisements. Move uses five approaches. They use â€Å"musical† approach to make advertisements more reminder than traditional advertisements. They apply â€Å"slice of life† approach to make their existing and potential customers feel themselves closer to the company and products. Lifestyle† approach is complementary to the previous approach. They are trying to apply â€Å"scientific evidence† approach and the â€Å"technical expertise† approach to advertisements as a combination.When applying this combination, they consider all certificates, company policies and customers to choose optimum advertising arrangements. Move is using a website, three main social media tools, including Faceable, Twitter and Youth, and also newspapers, magazines and television advertising. According to Move, they are using their website and social media really effectively than their rivals. For example, Move Faceable page has â€Å"Marimba† (Hello) application. This application provides Move to reassure customers that has doubts and to increase the loyalty of existing customers. It i ncreases Nova's brand recognition.Furthermore, every comment made on social media, every question asked by customers and every tweet is responded by company experts in real-time. They are also developing small add-ones and applications for social media. As a result of these application and developments, sales increased dramatically. In this way, it is an important advantage in terms of marketing. Move generally prepares advertisements in the form of video and presents them to their customers with TV ND social media. Even if their TV commercials remain nearly one month on-the-air, there is no time limit for their social media advertisements.This comparison is the asked by each company is return on social media investment is whether it is possible or impossible to calculate. Too many attempts are made in this regard, but the value of a â€Å"like† or the value of a â€Å"follower† is not possible to calculate. In fact, social media is a marketing tool for the vast majori ty. Moreover, return on advertising investment is the most important criterion. If the targets, which they set before the advertising, re exceeded after advertising and advertising investment pays for itself, they succeed in advertising investment.However they do not use Just this method, they have also other criteria. (Other criteria are classified. ) Also, the return of the low cost digital media is appropriate for their budget and the main feature of digital media is it can be presented to their existing and potential customers in a short time. They try to measure the benefits with advertising investment return and brand value change. Currently, they are not planning to enter to international markets within five years. However, Move has serious plans to enter European markets. While establishing and certifying their company, they prioritize that aim.Therefore, the quality of products which Move produce is at the highest level, the â€Å"premium level† according to ITS and also EX. standards. Like every modern company, Nova's main goal is to attain new generation customers with the help of developing digital media and ensuring the long term sustainability. However, in doing so, they are very careful about two points. First, they try not to disrupt the media channels which are necessary to reach their existing customer base. Second, while maintaining their existing customer base without compromising quality and understanding, they try to impress potential customers.Move sets the new target customer base firstly. While determining new base, they try to preserve their existing customer base. Then, they are doing marketing research. They select random samples to test their demo advertisements. Finally they publish their advertisements depending on the positive results which they obtain at tests. The target customer base determines their range. According to the results of their advertising research and their advertising budget, they decide the frequency wi th their advertising agency. They prefer minimization of positive effects, while setting the impact of their advertisements. . Ã'Å¡liker International Ã'Å¡liker, whose history goes back to 1944, is one of the best loved brand names in Turkey. Founded and built in the 20th century, the Ã'Å¡liker brand, riding on its phenomenal momentum, was carried into the 21st century, seemingly unlimited by time and space. With its roots in tradition but reaching toward the future, Ã'Å¡liker is a name that continues to focus on the sociological and economic wellbeing of the community, but in parallel with that side of its existence, the organization is gaining new meaning. For the timeless Ã'Å¡liker brand, there seems to be no end in sight.The name Ã'Å¡liker became synonymous with happy memories and the intrinsic values of trust, honesty and affinity. Ã'Å¡liker became part of the daily lives of many Turkish families and slowly but surely became entwined in the lives of consumers. Since 1944, the c ompany's industrial, managerial, marketing and sales; advertising and customer relations activities have been based on the corporate culture established by the Ã'Å¡liker name. This is what makes Ã'Å¡liker more than Just a brand name. Ã'Å¡liker International uses 10% of their advertising budget for online advertising. For these

Khepera Charter School Essay - 1032 Words

Located in the heart of North Philadelphia, Khepera Charter School is a public charter school currently serve about four-hundred students. Now, Khepera Charter School has limited technological resources. There are only five projectors in the school. Due to budget cuts, the school had to eliminated computer classes. The special education classes are only equipped with two desktop computers, used for supplementary support for the students. Unfortunately, the computers are out of date and technology is frequently not working. In the general education classes, teachers sign out the projectors to use for the day. Projectors used are only used for literacy and math lessons; Khepera Charter School only has online software for the math and†¦show more content†¦Instructional design allows teachers to focus on the need of their students, and become more involved with designing instructional activities to ensure students are reaching the learning objective. â€Å"Specifically, in rec ent years, national initiatives for educational reform have generated support for both teacher-centered instruction and activity-oriented, student-centered methods of teaching that stress meaningful learning applied to real-world problems.† (Morrison et al.,2013. p.2013) In order to effective teach, it is vital assess the needs for teachers and students in their learning environment. There is a lack of technology in Khepera Charter School. Updated technological resources will allow students to be more engaged in learning, and teachers will have resources needed to compliment and differentiate instruction. Needs Analysis Morrison describes â€Å"six identifiable categories of needs are used for planning and conducting a needs assessment.† (2013, p.31) Identifying the needs for Khepera Charter School falls under the anticipated or future needs category. Anticipated needs focus upon possible changes that will occur in the future. To identify the type of need, â€Å"interviews and questionnaires.† (Morrison et al., 2013, p.34) Learner’s Characteristics for the Identified Need â€Å"Learning styles are traits that refer to how individuals approach learning tasks