Mirror of Justice

Careers In Construction Management

July 18th, 2009 at 08:56pm Under Construction Law

What Is Construction Management?
Traditionally, construction involves the three-party, two-relationship model. The first is the owner designer relationship, in which the project owner appoints the designer who is usually an architect or an engineer, to plan and design the project. The second commences after the design is ready and is known as the owner contractor relationship. Here, the contractor is given the project to realize, based on his quotation of cost. Lately however, this model has undergone a radical change. The recent trend is to rely on construction management.
Construction managers divide all the construction activities into stages, budgeting time to meet construction deadlines. They evaluate the most cost-effective schedules for completion and are responsible for ensuring that all the work is completed on time.
Training And Education
Construction Management is also the study of construction, with regard to the managerial and technological aspects like construction management, construction science and construction risk. The most common and widely recognized format for construction management education is a baccalaureate or graduate degree. Other education may relate to on-the-job training and apprenticeship and higher education.
High school students who want to opt for a career in construction management, should study Mathematics, Chemistry, Physics and Accounting. Many colleges and universities offer master’s degrees in construction management and construction science. Someone who has a bachelor’s degree in an unrelated field can also get a master’s degree in construction management. A student can obtain a master’s degree in finance or business administration, to improve career prospects. There are also industry associated sponsored training programs and two year dedicated programs.
Job Prospects
Excellent construction management employment opportunities are available, since the construction boom requires a number of qualified individuals. Also, the increasing complexity of construction projects is creating extra demand for these managers. New technology and laws, setting standards for materials, safety and environmental issues have complicated the construction process. This has raised the demand for trained managers in turn. Opportunities for advancement may vary, depending on the person’s performance and the size and type of the company. The person may also become an independent consultant, an expert witness, a dispute arbitrator or start their own construction management firm.
Conclusion
Construction managers must be flexible and effective. They must be good decision takers and possess the ability to well under pressure or with unexpected delays. A flair for simultaneous activity coordination, analysis and problem solving is necessary. Good communication skills and knowledge of the Spanish language are important. Construction managers have to be available “on call” at all times, to deal with onsite emergencies. Be prepared to work much more than a 40-hour week to meet established construction deadlines. The work is not dangerous, but construction managers must be cautious when on the construction site.
If you are an outdoor person, and are good with math and organization, then the field of construction management can be very satisfying and lucrative career choice.

Cms Sends Christmas Present to U.s. Computer Programmers

July 18th, 2009 at 08:55pm Under Computer Law

The Baltimore-based Centers for Medicare and Medicaid Services (CMS) is playing Santa Claus to U.S. software programmers this year. New CMS rules implementing the Mandatory Insurer Reporting law (Public Law 110-173) passed by Congress late in 2007 will require thousands of U.S. insurers and self-insured companies to engage software programmers to make big changes to the complex computer programs by which workers’ compensation, liability, no fault and group health claims are administered.

The MIR law requires all U.S. companies that insure or self-insure workers’ compensation, liability, no fault and group health claims to begin reporting data on all claims involving Medicare beneficiaries during 2009. That reporting will be electronic-only and will require factual information that most of the thousands of existing claims handling systems do not current capture.

Reporting entities will need, for example, to tell the feds about each Medicare beneficiary’s injury – including medical diagnosis, body part involved and cause of injury. The medical diagnosis must be reporting using the International Statistical Classification of Disease (ICD-9) codes. The body part and cause of injury information must be reporting using the Workers Compensation Insurance Organization (WCIO) codes. A vast majority of existing claim systems do not currently capture ICD-9 or WCIO codes.

According to the U.S. Bureau of Labor Statistics the job prospects of computer programmers has been declining in recent years. But with all the thousands of claim systems that will need to be reprogrammed quickly to meet the new CMS reporting requirements, those prospects have to looking a lot better for the near future.

For more information on MIR and CMS requirements under the new law, visit www.gullenlaw.com or contact Chris Gullen at chris@gullenlaw.com.

Cms Sends Christmas Present to U.s. Computer Programmers

July 18th, 2009 at 08:55pm Under Computer Law

The Baltimore-based Centers for Medicare and Medicaid Services (CMS) is playing Santa Claus to U.S. software programmers this year. New CMS rules implementing the Mandatory Insurer Reporting law (Public Law 110-173) passed by Congress late in 2007 will require thousands of U.S. insurers and self-insured companies to engage software programmers to make big changes to the complex computer programs by which workers’ compensation, liability, no fault and group health claims are administered.

The MIR law requires all U.S. companies that insure or self-insure workers’ compensation, liability, no fault and group health claims to begin reporting data on all claims involving Medicare beneficiaries during 2009. That reporting will be electronic-only and will require factual information that most of the thousands of existing claims handling systems do not current capture.

Reporting entities will need, for example, to tell the feds about each Medicare beneficiary’s injury – including medical diagnosis, body part involved and cause of injury. The medical diagnosis must be reporting using the International Statistical Classification of Disease (ICD-9) codes. The body part and cause of injury information must be reporting using the Workers Compensation Insurance Organization (WCIO) codes. A vast majority of existing claim systems do not currently capture ICD-9 or WCIO codes.

According to the U.S. Bureau of Labor Statistics the job prospects of computer programmers has been declining in recent years. But with all the thousands of claim systems that will need to be reprogrammed quickly to meet the new CMS reporting requirements, those prospects have to looking a lot better for the near future.

For more information on MIR and CMS requirements under the new law, visit www.gullenlaw.com or contact Chris Gullen at chris@gullenlaw.com.

Child Custody – Strategies to get Your Visitation Order Revised

July 18th, 2009 at 08:54pm Under Child Custody

Most people assume that once a child custody order has been adopted by the court, it is final and cannot be changed. The fact is that any and all orders can be changed. Let’s take a look and see how and why.

Once child custody orders are adopted there is often a clause that states something about a significant change of circumstances must take place in order for either party to bring a motion to change the order. This language exists to keep the parties from filing frivolously just because they don’t like the order. But the truth is that anyone can file a motion at any time.

Some of the reasons that parents might want to change the order are:

Most people worry that once there is a child custody order in place that some drastic must happen to file to change it. The reality is that the changes may be subtle and take time. One very clear example of that is the child’s age. When a child is an infant his mother may breast feed him. It makes sense that the mother would have primary custody (notice I didn’t use sole custody) and the vast majority of the visitation time as fathers cannot breast feed. However, as the child grows older and is weaned from mothers’ breast a father that has been active and wants more time can petition the court to change the visitation citing the maturation of the child leading to less dependence on the mother. The significant change in this case is the dependence level of the child on the mother.

Other changes could be a parent who moves a significant distance away. This may require that the visitation be adjusted to find a more suitable balance in visitation versus commute time. But of course the biggest issue is the child’s safety. If some circumstance has changed that has increased the child’s level of danger, like a parent becoming involved with a convicted child molester. This is a scenario that requires that documentation be submitted to the court. Since many jurisdictions have their criminal cases available online, it can be very easy to look up someone’s history. Make sure you get a copy of the final disposition of the criminal case to present in court in support of your case.

As you can see there are a number of issues that can be considered significant enough to ask for a revision of the visitation order. Don’t let your child and yourself get locked into a bad situation because you didn’t think you could change the order. Look for what has changed and how a specific change can make it better for your child.

Business Lawyers

July 18th, 2009 at 08:53pm Under Business Law

A business is an organizational entity which is recognized legally and is intended to provide goods and/or services to the consumers. It’s run in a systematic and an organized manner with an expectation of earning profits for the owner. A Business is completely different from a hobby in a way that while in a business the losses are tax deductible, it is not so in a hobby.

There are several kinds of businesses. It could be a Sole Proprietorship, a Partnership, a Corporation, or a Limited Liability Company (LLC).

There could be several reasons as to why a business should hire a business lawyer. In case if a business is being investigated for securities fraud or if an injury has occurred to a customer on your premises or due to your products then you definitely would need a business lawyer. Otherwise also it is advisable to have a business lawyer associated with your business for reasons that might be not so obvious. For instance if you are planning on forming a particular type of business then a qualified business lawyer can easily assist you in averting a lot of legal issues that might arise due to such formations and can also advise you on the optimum business formation suited to your needs.

The business lawyers can assist with various kinds of business laws like formation and organization, finance and banking, transactional business law, sale and purchase of businesses and assets, debt recovery, intellectual property, information technology and internet and e-commerce laws etc.

The business lawyers are well experienced and work in synergy with the clients to ensure that all the legal matters are resolved quickly and cost effectively while keeping in mind the client’s requirements.

Business Lawyers

July 18th, 2009 at 08:53pm Under Business Law

A business is an organizational entity which is recognized legally and is intended to provide goods and/or services to the consumers. It’s run in a systematic and an organized manner with an expectation of earning profits for the owner. A Business is completely different from a hobby in a way that while in a business the losses are tax deductible, it is not so in a hobby.

There are several kinds of businesses. It could be a Sole Proprietorship, a Partnership, a Corporation, or a Limited Liability Company (LLC).

There could be several reasons as to why a business should hire a business lawyer. In case if a business is being investigated for securities fraud or if an injury has occurred to a customer on your premises or due to your products then you definitely would need a business lawyer. Otherwise also it is advisable to have a business lawyer associated with your business for reasons that might be not so obvious. For instance if you are planning on forming a particular type of business then a qualified business lawyer can easily assist you in averting a lot of legal issues that might arise due to such formations and can also advise you on the optimum business formation suited to your needs.

The business lawyers can assist with various kinds of business laws like formation and organization, finance and banking, transactional business law, sale and purchase of businesses and assets, debt recovery, intellectual property, information technology and internet and e-commerce laws etc.

The business lawyers are well experienced and work in synergy with the clients to ensure that all the legal matters are resolved quickly and cost effectively while keeping in mind the client’s requirements.

Sunglasses for women

July 18th, 2009 at 08:52pm Under Aviation Law

Sunglasses have always been an essential part of us for a long time. But nowadays women have started wearing sunglasses as a fashion accessory. Sunglasses are now becoming very popular among the younger generation and a pair of aviator sunglasses has become a compulsory part of the closet of every woman. Aviator sunglasses have become so famous today thanks to the fashion trends of the 1970s, which has caught on with the current generation. Sunglasses became very popular in the 1980s when Tom Cruise sported them in ‘Top Gun’. Since then sunglasses have become a means of looking fashionable among both men and women. Men have a tendency to lean towards police sunglasses, latest trend sunglasses and polarized sunglasses. A new range of sunglasses has been started specifically for women. Aviator sunglasses have also become very popular among people who work in the armed forces or in law enforcement.

Aviator sunglasses for women are not very heavy and they are also very strong and will not break very easily. Oval polycarbonate lenses are used in making these sunglasses and they are used in different colors. Lighter sunglasses are made using polycarbonate lenses, which are made of plastic. This will help the person in wearing the sunglasses for a longer period of time without experiencing any kind of discomfort. The most fast moving color among women’s aviator glasses is the silver mirrored police lens, which has the gun- colored lenses behind it. Brown, charcoal, bluish grey and smoke colored lenses are some of the other popular colors among women’s aviators. The lenses that are used in making these sunglasses have UV400 maximum protection, which will protect the eyes from UVA and UVB rays. Most of these aviator sunglasses have spring temples and nickel frames. But sunglasses for women have good quality poly frames and the shades come in different colors. These poly frames are light frames and they are the best option for people who are looking for light sunglasses.

Aviator sunglasses for women help in protecting their eyes completely from UV rays, dust particles and also the wind. These sunglasses are sometimes very necessary and many women all over the world have started wearing sunglasses and making a very bold fashion statement. Many women wear aviator sunglasses because they feel that it makes them different and it makes them a noticeable face in the crowd of faceless people. 

Florida’s Workers’ Compensation Law

July 18th, 2009 at 07:59pm Under Worker Compensation Law

Florida’s Workers Compensation Laws were enacted to protect workers who have been injured on the job. Statutes require employers to provide Workers’ Compensation insurance for employees, although employers are permitted to self-insure providing that they meet the requirements.

Reporting requirements

Employees who are injured on the job are required to report their accident within 30 days of the occurrence. The sooner you report the accident the better, as your claim can lose credibility the longer you delay. If you are entitled to lost pay benefits, your first check should be sent to you within 21 days after reporting your injury. Delaying your report can lose benefits to which you may be entitled.

Medical care

If you need medical care, your employer or the insurance carrier will authorize a medical provider to treat you and order prescriptions. You will not have to pay for any medical care associated with your work-incurred injury.

Lost pay

You are entitled to pay for lost wages due to any disability caused by this injury, except you will not be paid for the first seven days unless your disability extends beyond 21 days. At that point the insurance company may pay for the first seven days.

If you lose time from work due to your injury, you will most likely be paid two-thirds of your average weekly wages, calculated over the previous 3 months (approximately.) If you haven’t worked during the complete period used in the calculation, a comparable calculation will be used to figure a fair average weekly wage on which to base your benefit.

Other benefits

You don’t have to be totally or permanently disabled to receive workers compensation benefits. Benefits are payable for temporary total or partial disabilities, too, but for a period of time limited to 104 weeks. Benefits vary for workers who are able to earn a limited amount of income while temporarily or permanently disabled. These include full or discounted benefit payments, rehabilitation for both medical conditions as well as vocational rehabilitation, medical care, assistive devices, artificial limbs, training in the use of these limbs, and more, as appropriate to your injury and degree of need.

Returning to work

Florida law does not require your employer to hold your job for you. While employers cannot fire you for filing, or attempting to file a claim, they are not required to rehire you if you have to take time off for a period of disability. Take advantage of vocational rehabilitation and job training benefits of workers compensation.

Taxation of the Foreign Natural Persons According to the Bulgarian Tax Legislation

July 18th, 2009 at 07:24pm Under Tax and Taxation Law

From 1st of January 2008 the taxation of the natural persons has been amended in accordance with the EU regulations and the tax rate for the incomes was fixed to 10%.

The tax legislation in Bulgaria recognizes two types of Taxable Persons-local natural persons and foreign natural persons.

By law a foreign natural person is any person who has no permanent residence in Bulgaria and whose centre of vital interests is not situated in Bulgaria as well as a person who is not present within the territory of Bulgaria for a period exceeding 183 days in any twelve-month period.

Any foreign natural person shall be liable to pay tax in respect of any income acquired from sources inside the Republic of Bulgaria, including any income from rent or other provision for use of movable or immovable property.

However, there are some categories of income which are not subject to taxation. These are explicitly listed in the Income Taxes on Natural Persons Act. For example, taxation shall not apply to any income acquired during the tax year from the sale or exchange of:

• one residential immovable property, regardless of the date of acquisition of the said property;

• up to two immovable properties, as well as any number of agricultural and forest properties, provided that more than five years have elapsed between the date of acquisition and the date of sale or exchange

So, if a foreign natural person sales one immovable property during one financial year, the foreign natural person shall not be liable to pay tax for the received income regardless of the date of acquisition of the said property.

In relation to the above the taxation shall apply to the income which is not included in the list of Non-Taxable Incomes. The taxable incomes are for example the incomes from rent and from the sale or exchange of immovable property. For the purpose of determination of the annual amount of tax, first the received annual income from rent shall be reduced with 10 % fixed amount of expenses and the rest of the amount shall be multiplied with 10 % tax rate. The taxable income acquired from the sale or exchange of immovable property shall be determined by debiting the positive difference between the selling price and the cost of acquisition of any such property with 10 per cent expenses as the rest of the amount shall be multiplied with 10 % tax rate.

The non-resident natural persons (foreign persons) shall submit an annual tax return, completed in a standard form in respect of the income subject to levy of tax on the aggregate annual taxable amount.

The annual tax return shall be submitted on or before the 30th day of April of the year next succeeding the year of acquisition of the income.

When the income subject to levy of tax originates from rent and is paid by the management company, then the annual tax return shall be submitted by the management company not by the foreign person. Respectively, when the income from rent is paid by local natural person, then the foreign person who has received the income shall be liable to submit the annual tax return.

After the new amendments in the tax legislation the rate of final tax for the income of the natural persons and of the legal entities is 10 %.

However, the advantage of establishing of legal entity is that the expenses which have been made during the financial year are deducted from the annual income and the received amount is treated as a taxable profit. For example, if a foreign person is renting hisher property through a local company then all the expenses, which have been made for utilities, staff, etc. shall be deducted from the received income and the difference shall be taxed with 10 % rate.

When a foreign person receives an income as a natural person, then all the expenses which have been paid for utilities, staff, etc. shall not be deducted from the received income.

Having said the above, we hope that this article will be in assistance for any foreign person, who intends to invest in Bulgaria.

Estate Planning Basics and the Law

July 18th, 2009 at 07:08pm Under Probate Law

Estate Planning Basics And The Law
Having a plan that determines how your assets are used during your life and after your death is a critical process that requires expert legal advice. Estate planning can help you decide how your assets are distributed. You may need to set aside resources for your long-term care. Plus, you might need to appoint someone to manage your estate in the event that you lose your own ability to do so. You may decide that a portion of your estate should be given to certain charitable organizations. Each of these circumstances can be included in an estate plan with the help of a lawyer.
Benefits Of Planning Your Estate
Without an estate plan, your assets can be distributed in a way that’s contrary to your wishes. When you die, a number of important legal issues regarding your assets emerge. The manner in which your estate is divided amongst your heirs, how taxes are handled, donations to charities and transfers of property are only a few of the many concerns an estate plan can address.
With the help of an experienced estate planning lawyer, you can ensure that your assets will be used according to your wishes. Your plan can distribute assets from your estate to your beneficiaries quickly and seamlessly. Your lawyer can help you determine an executor of your estate in the event of your death. An estate plan can minimize the taxes owed by your estate by giving the allowable maximum to various beneficiaries. If you’re a business owner, you can make sure your business operates uninterrupted by detailing plans of succession and distribution of income.
Potential Pitfalls Of Poor Planning
Millions of people fail to plan how their assets are divided when they die. As a result, their estate often ends up in probate. This is a process that’s best avoided whenever possible. In probate, a court examines a will (if one exists) and divides a person’s assets accordingly. When a will doesn’t exist, the court decides how best to allocate the assets from an estate. The entire process is time-intensive and expensive. You can avoid having your assets end up in probate by hiring an estate planning lawyer to set up trusts and other arrangements.
Using The Law To Protect Your Assets
The law stipulates how your assets can be divided after you die. With the help of an experienced attorney, you can leverage the law to protect your assets. A lawyer can help you ensure your estate isn’t vulnerable to a long and costly probate process. He can help you minimize the tax liability your estate will suffer upon your death. The sale and distribution of tangible assets can be detailed according to your preferences. By planning your estate with the advice of a qualified attorney, you can be confident that your affairs will be in order when you die. Not planning your estate well in advance can lead to an excessive and time costing adventure for your loved ones.