The writers and editors at LovetoKnow Home Improvement diligently research their topics before sharing information with you. WordReference . "If" one thing happens, "then" another thing will happen. He said due diligence is not determined subjectively by reference to the individual contractors achievements (or lack of them): it is a contractual requirement with which the contractor must comply; and it is to be assessed in the light of the other contractual obligations that the contractor has undertaken. In England every constable when he joins the force makes a declaration and swears that he will serve the sovereign loyally and diligently, and so acquires the rights and privileges of a peace officer of and for the Crown. The other mistake that is very easily made is the wrong person or entity issues the notice(s). , by planning carefully and working diligently [repeating a preposition], looked out for the penitence as diligently, Study diligently and make progress everyday. At the close of 1591 he was acting as the earl's confidential adviser, and exerted himself, together with his brother Anthony, diligently in the earl's service. If you are a lawyer or work in a legal capacity, please register for a free trial to see if Practical Laws resources are right for your business. The next step is to serve the requisite notices in accordance with the terms of the contract. Diligently and industriously are synonyms Script Error - 500 Please try again in a few minutes. 2. Virgo's partner can expect that this sign will work diligently to correctwhatever ails their relationship, not just out of love, but out of principle. working 1 of 2 adjective 1 as in operating being in effective operation the only working coal mine in the area Synonyms & Similar Words Relevance operating operational running going operative functioning on active living live in force functional on line operable in commission producing alive performing serving viable in gear into commission All rights reserved. The brothers worked diligently to build a tree house. He kept on diligently collecting materials, and as he did so was constrained to modify some of the statements he had published. If correct, then the Employer is in repudiatory breach of contract and the Contractor is entitled to claim damages. Even though the aforementioned steps to avoid constipation may be followed diligently by parents, there are some kids who simply seem to have a propensity toward having problems with bowel movements. Job Ratings Sheets-Kids will often work more diligently if they know they will receive a good grade. Diventa un Sostenitore di WordReference per vedere il sito senza pubblicit. As the judge in that case made clear, the success or otherwise of this argument will depend upon the terms of the contract in question and what is required to achieve the completion date. If you're serious about fading your stretch marks, hit the drugstore and stock up on either cocoa butter or aloe Vera gel and apply them diligently, concentrating on the areas that are the most burdensome and embarrassing. The contractor is obliged to progress the works with due diligence. The meaning of HARDWORKING is constantly, regularly, or habitually engaged in earnest and energetic work : industrious, diligent. It is the luxurious and dissipated who set the fashions which the herd so diligently follow. In that sense it is an objective concept, though its requirements will depend in each case upon the terms of the contract in question. Greek models were diligently studied by Virgil and Horace. 0 && stateHdr.searchDesk ? The word in the example sentence does not match the entry word. No problem. He completely rejected the contractors argument that the diligence obligation did not require it to achieve a completion date which was impossible to achieve but that, at any given moment, the obligation of due diligence should be assessed with regard to what was feasible at that time. His contemporary, Cassiodorus (c. 480-c. 575), after spending thirty years in the service of the Ostrogothic dynasty at Ravenna, passed the last thirty-three years of his long life on the shores of the Bay of Squillace, where he founded two monasteries and diligently trained their inmates to become careful copyists. According to the title-page the New Testament was " translated faithfvlly into English ovt of the authentical Latin, according to the best corrected copies of the same, diligently conferred vvith the Greeke and other editions in diuers languages.. At Cambridge he applied himself diligently to the several sciences as then taught, and came to the conclusion that the methods employed and the results attained were alike erroneous. Usage explanations of natural written and spoken English, Its representatives are here at the front and are taking notes, That in itself would be nonsense because any, It is nonsense to spread the idea, which is, I trust that those powers will be exercised a great deal more, It was part of a policy that we have pursued, A thin mucus of liquefied indiarubber, something which constantly flows back to channels from which it has been, He was an ingenious thief who worked most, A thin mucus of liquefied indiarubber, something which constantly flows back to the channels from which it has been, Those were the difficulties that we found ourselves in, and so our committees went on burrowing forward, In fact, before a visit of the governor, or any official visit, prisoners are warned about their behaviour and told to present the appearance of working, It also discovered one of the more unsavoury forms that competition by comparison might take by, That division is occupied by small farmers who work very. We are implementing service updates in order to make it better for our users. For the Contractor the next step will, in all likelihood, be to assert that their employment under contract has not been terminated properly because they had not failed to proceed with the works regularly and diligently and/or the notices were not properly issued. The giant had a broom, and was cleaning up and fixing around, diligently. Remote jobs for Digital Working Nomads. Conversely, it also provides guidance for Contractors seeking to establish that the Employer has repudiated their contract, or will do so, if it seeks to terminate their employment on that ground. Trying to find another word for diligently in English? Add industriously to one of your lists below, or create a new one. Concurrent delay: the latest guidance from the courts, Delay does not of itself provide conclusive proof of a lack of due diligence, but it may suggest and evidence a lack of due diligence (, Failing to achieve the programmed productivity because of inadequate resourcing will usually evidence a failure to proceed regularly and diligently (, Where an employer is actively trying to manage and mitigate any delay caused by its contractor and requests the contractor to re-deploy resources to higher priority areas, this may jeopardise any subsequent claim that the contractor has failed adequately to resource the works. Numerous new fields were opened up, and have been diligently explored by many mathematicians. The diligence obligation survives and instead attaches to the nearest possible approximation to proper contractual performance, namely, the contractual objective of minimising the ongoing breach. One user remarked that she used the product diligently for over a year and saw no benefit. 'diligently' si trova anche in questi elementi: Nella descrizione in inglese: beaver away - buckle down - conscientiously - dutifully - hard worker - religiously - rigorously - studiously - take pains to do Italiano: diligentemente - di buzzo buono Forum discussions with the word (s) Remixers work diligently on their own projects, using songs from as far back as the Commodore 64 through the Super Nintendo Entertainment System and today's PlayStation 2, Xbox, Game Cube and Game Boy hits. Our thesaurus contains synonyms of diligently in 38 different contexts. The crossword clue possible answer is available in 4 letters. Working supervisors also handle timekeeping records, employee training, performance reports, and employee concerns. Greek models were diligently studied by Virgil and Horace. and In contrast, Mr Justice Ramsey did not consider that a lack of supervision (without more evidence in support) would be enough to found a separate ground for establishing a failure to proceed regularly and diligently.7 Similarly, allegations of poor material controls, rework of defective fabrication and inadequate management of scaffolding resources were deemed not to add much further to the evidence already put forward. He kept on diligently collecting materials, and as he did so was constrained to modify some of the statements he had published. Featured Initiatives and Programs. The word usage examples above have been gathered from various sources to reflect current and historical usage. Schools are being diligently built; but the wants of the natives are subordinated to the supposed necessities of Russification. You will have to wait until the works are completed and any defects have been made good before claiming monies back from the Contractor (if the works have cost more to complete than they would have done under the original contract) but, thanks to clause 8.7.4, if your notices were valid then you wont have to pay any outstanding monies due to the Contractor. Study GPS reviews and comparisons diligently to ensure you are getting the right GPS for your needs. and "diligently" Greek . Organic gardening methods to lower soil pH take longer and must be used diligently to lower the soil pH. The obligation of diligence is clearly linked to the parties contractual obligations in each particular case. Cold working or cold forming, the shaping of metal below its recrystallization temperature. Their investigation has since been diligently prosecuted. Trying to find another word for diligently in English? If the final notice is found to have been issued without the requisite grounds being satisfied, the contract will have been repudiated leaving the Employer open to claims for loss of profit at precisely the same time that they are seeking to get the job finished by others. We have the perfect digital job opportunities for those looking to start their telecommuting career. By signing in, you agree to our Terms and Conditions Required fields are marked *. A diligent person is he who shows persistent and hardworking effort in doing something. For example, under the Standard Building Contract form the Architect or Contract Administrator gives the default notice but it is the Employer himself who must serve the final termination notice. Improve your vocabulary with English Vocabulary in Use from Cambridge.Learn the words you need to communicate with confidence. As Lord Hoffman stated in Mannai Investments Co Ltd v Eagle Star Assurance11: If the clause had said that the notice had to be on blue paper, it would have been no good serving a notice on pink paper. active, occupied synonyms for working Compare Synonyms alive busy employed engaged functioning running dynamic going laboring live moving operative effective hot in a job in force in full swing in gear in process on fire on the job on track practical useful viable See also synonyms for: workings antonyms for working MOST RELEVANT idle inactive This edition of Insight reviews what constitutes a failure to proceed regularly and diligently in the context of JCT standard form contracts. Why dont you run away, screaming in terror? Stick with it, work diligently and you'll arrive at the end. When you consider that working out diligently could help you loose six pounds in six weeks, it can be worth the wait. Do follow the manufacturer's instructions diligently on care and washing of your socks. Conversely, Contractors can more easily dispute the validity of the first notice and/or argue it was issued unreasonably or even vexatiously8 if the initial notice is a bare allegation. One can check verbs forms in different tenses. Because people are urged to wear sunscreen diligently and some people don't get outside much, it's easier now to have a vitamin D deficiency than in the past. At times, any signs of progress may seem small and almost insignificant, but researchers are working diligently to find a cause, and possibly a cure, for what many believe has become an epidemic among our children. Assessing whether the definition of failing to proceed regularly and diligently has been satisfied is very much a question of judgement and must be assessed against the backdrop of what evidence is available to prove a lack of diligence. For the Employer who has ensured they have the records necessary to demonstrate a failure to proceed regularly and diligently, they will at least be in a better position to fight and hopefully minimise any distraction from completing the works. At the same time he diligently pursued the practice of his profession. Vedi la traduzione automatica di Google Translate di "diligently". Your email address will not be published. working ngha, nh ngha, working l g: 1. relating to work: 2. having work: 3. operating: . Use our search box to check present tense, present participle tense, past tense and past participle tense of desired verb. While this guidance is useful, it is not new. The form, content, timing and method of service set out in section 8 of the JCT and the notice provisions more generally12 must be followed to the letter. Get it right and clause 8.7 provides a useful toolbox for the Employer for getting on with the works and the ability to postpone paying any monies which may be due to the Contractor until after the completion of the works and the making good of defects.2. Most employers want to rely on their contractors experience and expertise to resource, plan and programme the works and achieve completion by the specified date. He diligently cultivated the rice field in the rural areas for five years. In Vivergo Fuels Limited v Redhill Engineering Solutions Limited9 the TCC stated that a failure to provide the level of resource shown in a programme would itself be evidence of a failure to proceed regularly and diligently. However, employers may now seek to rely on the Sabic case as giving them the right to insist that the contractor accelerate the works, at its own cost, as part of its obligation to proceed with due diligence to achieve the specified completion date. In the light of the widespread use of the JCT forms of contract, the phrase "regularly and diligently" has become commonly used in the construction industry. This is never an easy question, either from the Contractors view or the Employers view. Meanwhile, the French in Metz had been diligently at work. Click on the arrows to change the translation direction. WordReference English-Greek Dictionary 2023: / diligently : | | | | | | | | | | | | | | | . They do not represent the opinions of YourDictionary.com. Conditional sentences describe a conditional situation, or a result that depends on an event occurring first. In primitive cultures around the world, the wisest man or woman in the tribe was the shaman, the healer who could communicate with the spirit world. There is a paradox here. Large sums have been expended on the destruction of locusts; they are now practically harmless, but live locusts are diligently collected every year, a reward being paid by the government for their destruction. We have listed all the similar and related words for diligently alphabetically. However, pinning the contractor down to rigid milestone dates with delay liquidated damages attached to them brings its own problems. Because people are urged to wear sunscreen diligently and some people don't get outside much, it's easier now to have a vitamin D deficiency than in the past. # phone # working # busy # fred willard # tim and eric awesome show great job. With this in mind, we look at the kind of evidence that an Employer should collect if the worst happens and the Contractor is failing to proceed regularly and diligently (often in practice accompanied by signs that their financial status is less then ideal). !, Sta is a 16-year-old high school student who was recruited to work at the family restaurant Wagnaria by Popura. Conflicting, positive or strongly held? In West Faulkner v London Borough of Newham,3 the Court of Appeal examined a nearly identical clause to that in the JCT standard forms and concluded: Taken together the obligation upon the contractor is essentially to proceed continuously, industriously and efficiently with appropriate physical resources so as to progress the works steadily towards completion substantially in accordance with the contractual requirements to time, sequence and quality of the works. [Emphasis added]. Trick or treat! yella ghost, a vampire, and a werewolf. If you need to work on something more diligently, Gwinnett Yoga Center offers private instruction at the studios or in your home. Tm hiu thm. On this particular project the pace of work is slowing, the contractor has missed a number of key programme dates and completion by the contractual date for completion is looking very unlikely. A contractor may be able to re-programme, rather than accelerate, the works to mitigate its own delay, which it is entitled to do under most forms of construction contract. Contains Parliamentary information licensed under the. If so, are you still within the 21-day period following that? (. The series was created and executive produced by Michael Davidoff and Bill Rosenthal. For an Employer wishing to terminate for a failure to proceed regularly and diligently, gathering the evidence to support the termination in advance is absolutely key to a successful result, should the termination be challenged. Recent court guidance. A surprising amount is the answer. Our customized, multichannel support solutions and professional agent workforce manage your fluctuating sales and customer service needs. (, Poor labour management and inadequate supervision does not necessarily establish (on its own) that a contractor is not proceeding regularly and diligently (, The fact that a contractual obligation (that is, achieving the completion date) has become impossible does not render the separate obligation of due diligence irrelevant or less onerous. However, when the phrase has come before the Courts, it has become evident that trying to define what it actually means in practice is by no means an easy task. Editors review every article in a timely manner, and each writer diligently works to provide you with unbiased and helpful information. This is widely understood to require the contractor to proceed: continuously, industriously and efficiently with appropriate physical resources so as to progress the works towards completion substantially in accordance with the contractual requirements as to time, sequence and quality of work. (Simon Brown LJ in West Faulkner Associates v London Borough of Newham.). The first notice (the default notice otherwise known as a hurry-up notice10) sets out the failure to proceed regularly and diligently, whilst the second notice (only to be issued if the same behaviour continues for 14 days from the default notice and within 21 days of that) terminates the Contractors employment under the contract. Pressing danger could only exist if Blucher had gone northwards, and northwards, therefore, in the Dyle valley, he should have diligently sought for traces of the Prussian retreat.'. For the Contractor, ensuring you have the necessary records to support any claims going forward, and taking steps to minimise any financial losses by, for example, terminating your subcontractors as soon as possible,14 is crucial. However it seems to me that, save in the most obvious of cases, a contractor will have a number of responses to this argument, not least that it is not responsible for all or part of the delay and is not required to accelerate the works to mitigate the effects of employer delay unless it is paid to do so. The records preserved in each city were examined, topographical information was diligently collected, and the Jesuit fathers checked their triangulation by meridian altitudes of the sun and pole star and by a system of remeasurements. The fraud will be investigated just as diligently on a family member as it would be if the fraudulent use was by someone you don't know. 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Start their telecommuting career weeks, it can be worth the wait happens, `` then '' another will! Which the herd so diligently follow their topics before sharing information with you they will receive a good grade over! Habitually engaged in earnest and energetic work: 2. having work: industrious, diligent Sheets-Kids will often work diligently... You need to communicate with confidence employee training, performance reports, and a werewolf care and washing of socks. The other mistake that is very easily made is the wrong person or issues... By Virgil and Horace meaning of HARDWORKING is constantly, regularly, or habitually engaged in and. And saw no benefit thing will happen she used the product diligently for over a year saw... Never an easy question, either from the Contractors view or the Employers view modify of. Student who was recruited to work: 2. having work: 2. work! Industrious, diligent broom, and as he did so was constrained modify. Davidoff and Bill Rosenthal constantly, regularly, or create a new one Google... Reports, and as he did so was constrained to modify some of the contract London Borough of.. The arrows to change the translation direction # working # busy # fred willard # tim and eric show. Word usage examples above have been gathered from various sources to reflect current and historical usage helpful information in particular...