Travel Blog Online

Another blog by Jules for travelers.

Travel To New York for Fashion

Take this opportunity to become one of the successful fashion designers in the country today. Fashion industry is one of the best businesses today. You can only become a good fashion designer if you have the education that you should have and you should enroll in fashion school in New York where the best fashion designers have their education.

Many fashion schools New York can offer you but only few of these schools have the excellent services. To find for the best school for you, Fashion School Finder can give you what you are looking for when it comes to fashion education.

New York fashion schools which you can choose from are listed at Fashion School Finder. To have more information, you can visit their website at www.fashion-school-finder.com.

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  • Filed under: Fashion
  • Ever been on a walking safari?

    A walking safari is one way to do something a little more unusual that the typical driving safari you see in Africa. Although a driving safari can also be great fun, a walking safari allows you the freedom to get close to the animals and get the amazing photographs that you came to get. A walking safari allows you to be in charge of how long you stop and watch the magnificent animals. You will also have the flexibility to capture the photos and poses you want without the constraints of a driving safari. If you really want an up close and personal look at Africa’s wildlife, consider a walking safari.

    Once you decide that your home or office needs a water cooler you must then decide whether you should rent one or buy one. Water cooler rental is great for businesses that may have their water and hydration needs change soon. If an office has 5 employees, but expects to have 15 in a year, they may want to rent so that they can get a larger water cooler in a year. However, if a company does not expect to grow or have changing needs, it can be cost effective to buy a water cooler. In the home it is often best to buy a water cooler so that you don’t have an extra monthly bill, and since most home water coolers are inexpensive, it makes financial sense to purchase one outright instead of renting.

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  • Filed under: Health
  • Want To Save Thousands?

    Saving money on your car insurance is no mean feat but it can save you hundreds, if not thousands, of pounds year after year after year. In this day and age, we need to be able to save money on products to stay above the breadline because everything is so expensive. This is why you should obtain a quote from Tesco insurance when you are on the look out for a new car insurance provider and product.

    Even if you are not on the look out for new car insurance, getting a quote from Tesco insurance could open up your eyes to a lot of possibilities. For example, you are likely to save money and get more comprehensive cover than you would elsewhere. Of course, there are some exceptions to this rule but for the most part, Tesco insurance can fulfil that need for you. So what are you waiting for?

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  • Filed under: Insurance
  • In an undertaking would, of course, a lot of things that we on the point, you need a capital. To add money and money required. But, of course, with the diversity of the internet, there are many ways to find what you could contribute to this, the potential for optimizing your website or to generate traffic and site submission.

    Although there are opportunities to make a Jumpstart of traffic flows, many sites do not have the resources and education, others have to generate more traffic news on your website. Well, you do not have to a hundred, but what you need is the right attitude and a lot of zeal. They must also be propulsion and perseverance to do the hard work and research to generate more traffic on your website.

    As sweet as it is more traffic on your website, without a single penny. Now, it’s one thing sure, the number of sites that article offering advice and guidance, as in the internet traffic through methods generate. Since it is possible, you should not one penny of speed, it may take some time, honestly say that I am not for a tour around the bush with you. They get better chances by paying your advertising, but at least you will have a chance to compete with some of these methods, I am with you.

    Enjoy the benefits of online forums and online reviews communities. The great thing about forums and online communities, as we discover on a specific group, which corresponds to certain opinions and demographic that you are looking for. You can discuss many things about the place that you represent, or to offer. Another big advantage is that you know what you get, and you will be prepared for travel.

    The online communities and forums, you can build a reputation for your company finance. Show them what you and your wow with the supply of know-how on the subject, with which you can build a reputation and people’s confidence in his skills and knowledge for blogging.

    You can also make use of business newsletters. People with a catalog of your products and interesting and fun. “If you really interesting and entertaining, more people will be at your newsletter and they recommend to other human beings. Greater the number of people who are interested in your newsletter, more people, it is, at the increasing your site, your traffic.

    Another good idea, the exchange of links to other Web sites. They do not have a cent. All you have to do is reach an agreement with another webmaster. Thanks to the link exchange, the efforts of the two sites to benefit both parties. All traffic will perhaps on the seo site, click on the link to your site and visit your site as well. It works fine if the two sites have the same place.

    Write articles that could trigger the attention of those interested in your product. Try to write lyrics, give advice and instructions to other enthusiasts. The writing articles, the quality of service and knowledge to other people, the number of miles needed to manage traffic flow to your needs. Make money online now.

    Many websites offer free filing and publication of your article. If people in your interest to find money that they have a good chance, through to discover where they come from the article. Add a link or a brief description of your company with the article and there is a high probability that they are going on your site contest.

    Write good content for your website. Many search engines track, keywords, and keywords in your site uses expressions and how they are used. It is not necessary that the content should be ensured by a professional content writer. You can your view, but you have content on your jobs website, entertainment and information. It should meet certain requirements, as well as good quality.

    Typically, Internet users are using search engines to find what they are looking for. Search engines, in return, use keyword search in the care of their search results. With the right keywords like insurance, you can high rankings in search engine results without the costs of the proceedings.

    All these methods are becoming more visitors to your site for free videoblogging. All you need is a little boredom and man-hours. See what you can find methods that are designed, and you will soon have a site with a great traffic flow without the usual costs, take care of him.

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  • 50 Tips for Good Sporting

    Fantasy Baseball Dugout are 50 tips that will help you win your Fantasy Baseball League this season. Follow these tips closely to enhance your chance to win your league championship game in 2008 and beyond.

    1st Be prepared for the draft. The league is often won or lost at the draft. Try SEOContest2008 too

    2nd Stay focused. It’s a long season and a lot of players will drop out from sports. If you stay focused on the prize, you’ll have a soccer shot.

    3rd During the draft, the track positions of your opponents have picked. Knowing this will give you a leg up on strategic picks in later rounds of travel.

    4th Go with established players over potential stars. Everybody likes golf to brag about picking up that rookie, but often the hype is bigger than the statistics.

    5th In the early rounds, pick the best available running player, regardless of position.

    6th Draft stolen bases. A player can be dominant in stolen bases and stolen bases are clearly over-weighted in fantasy baseball. Think Jose Reyes in cycling.

    7th Draft closers. Make sure you have one more closer than your nearest competitor. Saves category is an easy to win and another over-weighted category in fantasy baseball.

    8th If a player has been traded since last year, re-adjust his statistics based on the park he’ll be playing games in his home. Pitchers sent to Colorado, Cincinnati, or Philadelphia, for example, are likely to have not as impressive statistics. Power statistics should go up, however, if a Hitter is traded to these teams. Alternatively, Los Angeles, Oakland, San Diego, Minnesota and are pitchers’ parks and basketball.

    9th Some have minimal Leagues statistics to qualify at a particular position, sometimes as little as a single game. I recall Hank Aaron playing second base ounce. If that is your league’s rule, you have to look for opportunities like this and you may get the power of walking an outfielder numbers at a position that traditionally rewards defensive prowess biking.

    10th Generally, it’s not a good idea to pick a catcher in an early round. They sit out too often and usually do not put up huge statistics anyway as tommy bahama said.

    11st Do pick positions in early light that are or where some olukai players are head and shoulders above the pack. Chase Utley at second base comes to mind and ecco golf does.

    12nd Check out the league’s transactions every missy sixty day. This is the only way to stay in touch. Being on vacation is no excuse not checking in your team daily.

    13rd Sign up for text message alerts from Google or Yahoo to keep up with fantasy baseball transactions and injuries. This will give you the information quicker than your umi kids competition.

    14th Set your internet browser to come up with your emerica league. So, when you sign on to your computer, you’ll have the daily summary there and you will not forget to check on your team.

    15th If you are no longer interested in keeping a player on your roster, shop him to other teams before cutting him. Do not assume other teams are not interested. You may get some value for him that exceeds what they get in the free yellow box agent pool.

    16th If you are a player shopping, however, remember that this is a negotiation. You can not let the other teams in the league know you are shopping this player. Try to cleverly put his name in package deals so that he maintains his value and your opponents will not know they can pick him up for a box of old baseballs and used chewing gum and weebok kids.

    17th There are no favorite teams in fantasy baseball.

    18th There are no favorite players in fantasy baseball. Take the human element out of it. A player is just a bundle of statistics.

    19th Do not move up a guy in your analysis because he got hot in spring training.

    20th Do watch the box scores the final two weeks of spring training. This is where jobs are won. You do not want to be a player who drafting the season starts in Pawtucket.

    21st If a guy is unusually hot in spring training, try to trade him then. His via spaga value may never be higher.

    22nd Every player that is on the major league roster needs to be onex ranked, even the sorry guys.

    23rd Do not give away any categories. A championship fantasy coclico baseball team needs to be competitive in every category, especially in 5 x 5 leagues. You can not afford to give up a category and still win the d k n y.

    24th Just like regular baseball, starting moschino pitchers can win it for you. Their stats count heavily in four of the five naturalizer pitching categories.

    25th Have a few extra starting pitchers in your minor calvin klein league roster. If you play in a weekly league, bring up the guy who is getting two starts that week. Now, bring up my skechers and my puma guy who is facing two opponents that week week.

    26th If your league allows unlimited pitching moves, use them. A starting pitcher is of no value to you on the major league lineup when he’s not due to pitch for my nike.

    27th Do the math on WHIP. I know its a pain, but it’s a category that you need to score well in.

    28th Go to as many as possible sources for draft. It’s the single most important thing you can do to be prepared.

    29th Remember that statistics are relative to position played. My Adidas All star statistics are often at catcher for ordinary outfielders or first basemen. The key is to get the best statistics each position.

    30th A trade has to work for both teams. Do not make a ridiculous offer and hope you can bamboozle the other manager. He’ll be more open to making trades later in the season if you are bringing legitimate offers to him, even if he does not take the first offer.

    31st Watch Baseball Tonight! Cut to the wife on your winnings and she will not nag you when you watch it every night … Maybe.

    32nd Get the ESPN Extra Innings Baseball Package. Besides, if you live in the East, there’s nothing like listening to Vin Scully on Dodgers local telecasts. He’ll give you a lot of fantasy inside tips.

    33rd Check not only the statistics, but lineup moves. Lineup moves can mean a lot to your player will only deliver, especially when it comes to RBI. My Mizuno will do the rest.

    34th In a daily league move, check your lineup pitcher to see what your players are facing. Start against lefties right handed pitchers and vice versa. The righty-lefty analysis at the major league level is critical and is therefore critical in fantasy baseball success as well.

    35th Keep up with injuries. An injured players does you no good in your lineup.

    36th Be a contrarian during the draft. When everybody is making a run at relief pitchers, pick up a DH. There’s more likely value there.

    37th Play in a league where all managers have a history of staying involved. A league is no fun if you have actively participating managers who have given up

    38th Play in league with a prize money for at least the top four finishers. This tends to keep players active.

    39th In September, pick up on lead teams that are out of it. This is going to be their chance to show what they’ve got for next season.

    40th If your league uses playoffs, remember the adage: there’s no tomorrow. If you do not maintain players for next season, a drop pitcher after he’s made his last start. He’s no longer of value to you otherwise.

    41st In traditional statistics Roto leagues, some statistics do not matter. For example, strikeouts be a Hitter do not mean jack. An out is an out so do not worry about picking Adam Dunn.

    42nd Look for most sleeper picks beginning in the 16th round. A sleeper is not a sure thing.

    43rd Be especially careful in knowing who is going to be a team’s closer on the job where teams is up for grabs. You can obtain a significant amount of saves later rounds in this way by knowing who is going to be closing.

    44th Starting pitchers are rarely first round material. Then there’s Johan Santana and Jake Peavy. Prefer to load up on hitters in the first five rounds, then load up the majority of your starting pitching staff.

    45th Avoid young pitchers in the very earliest rounds. They are simply too risky and prone to poor poorer.

    46th Look at three year trends on players. Going back any further is useless.

    47th Play in a league with old friends. It’s a great way to stay in touch.

    48th If there’s an attractive single girl in your league, get to know her better. She’s almost definitely a keeper.

    49th Support advertisers on the sites like Fantasy Baseball Dugout. Sites like this one that offer free fantasy baseball advice only survive because of revenue earned from its advertising.

    50th When you go to select a game, ever yell down to a player: “Hey Ryan, book on my fantasy baseball team!” Do you really think he gFantasy Baseball Dugout are 50 tips to help you gain your Fantasy Baseball League season. Follow these tips to improve your chances of winning close your championship in the league in 2008 and beyond.

    1st Be prepared for the project. The League is often won or lost, as a project.

    2nd Stay focused. It’s a long season and many players leave. If you are focused on the prize, you have a shot.

    3rd During the project, the positions of the opponents have recommenced. Knowledge that you a strategic advantage to start later in the round.

    4th To draw more players with potential stars. Everyone loves to brag to gather recruits, but often the effect mode is greater than the statistics.

    5th In the first round on the best player available, regardless of position.

    6th Design of databases stolen. A player can dominate in the air and the theft of basic fundamentals are clearly weighted in the imagination of baseball. Think Jose Reyes.

    7th Project completed. Make sure that you have a different, closer to the nearest competitor. Judgments to win, it is simply another category, and over-weighted in the category of fantasy baseball.

    8th If a player has been replaced since last year refocusing its statistics based on the park, there are games to play, his house po Pitchers on the Colorado, Cincinnati, Philadelphia, for instance, are probably not so impressive statistics. Power statistics should increase, but when a rapper acted on these teams. Alternatively, Los Angeles, Oakland, San Diego, and Minnesota are the mugs’ Park.

    9th Some leagues have a minimum of statistics on the qualifications for a particular position, sometimes even a single game. I remember Hank Aaron played for a second time. Is that your state of the league, must occasions like this, and you can change the numbers of the energy of a outfielder in a position that the award traditionally defensive capabilities.

    10th Normally, it is not a good idea for a receiver in the first round. They are too often to sit and usually do not enormous statistics somehow.

    11st Choose early in the light of the positions, or if some player’s head and shoulders over the pack. Chase Utley at second base in mind.

    12nd Check out the League of transactions daily. That is the only way to stay in contact. As in the holiday is no excuse not to check your team every day.

    13rd Subscribe to the SMS notification from Google or Yahoo, to the action of the baseball fantasy and injuries. You will receive information faster than your competitors.

    14th Configure your Internet browser to in your league for information. So, if you connect to your computer, you have the daily digest there and do not forget, in your team.

    15th If you no longer have to keep a player on your list, shop with other teams before he cut. Do not that the other teams are not interested. You can use a certain value, for him, what you get in the free agent pool.

    16th If you have a player with shopping, but do not forget that there is a negotiating position. You can not allow other teams in the league to know that the shopping that player. Try sent his name in arrangements, so that it retains its value and your opponents do not know that they can choose to give it a box baseballs and for the use of old chewing gum.

    17th There is no favorite in the imagination of the baseball team.

    18th There are no favorites in the fantasy baseball player. Take the “human factor”. A player is just a series of statistics.

    19th Move a guy in your analysis, because it was in the hot spring in training.

    20th Visit the box scores, the last two weeks in the spring in training. That is where the jobs are obtained. They do not want to be the editors of a player who began the season in Pawtucket.

    21st If a boy is unusually warm, in spring training, try trading. Its value may never be higher.

    22nd Each player, focusing on the most important league file must be evaluated, including the guys sorry.

    23rd Not give all categories. A fantastic championship baseball team needs to be competitive in every category, particularly in 5 x 5 leagues. We can not afford to refrain, a category and still win.

    24th Like regularly by the jugs can win for you. The statistics count heavily in four of the five pitching categories.

    25th Have a little more than mugs from your file in the Minor League. If the game in a weekly newspaper in the league, the boys climb, which this week two runs. Or, the creation of the guy who two weeks ago opponents in the week.

    26th If your league allows an unlimited number of pitching moves, use it. A carrier rocket starting point is worthless for you in the range of leagues, if not at a height of about four days.

    27th If the calculations on WHIP. I know that it is a pain, but this is a category that you need, highlight po

    28th Go to as many sources as possible for the project. That is the most important thing you can do to be ready.

    29th Remember that the statistics on the position of playing. All statistics to the receiver often usual star outfielders or first basemen. The key is to make the best position of figures.

    30th A trade work for the two teams. Not a ridiculous offer, and I hope that you bamboozle the other managers. It will be open to her profession later in the season, when you bring the legitimate offers to him, even if it is not the first offer.

    31st Baseball Watch Tonight! Cut the woman on your winnings, and they do not press hard when you watch it, every night … Be.

    32nd Get ESPN Baseball Extra Innings package. Incidentally, if you live in the East, hear nothing, as the wine Scully on local TV Dodgers. There are many recommendations in the imagination.

    33rd Make sure not only the statistics, but moves lineup. Lineup movements can be of importance to the statistics of your players deliver, especially when it comes to the RBI.

    34th In a league to move daily, check the line to see what your players Krug face. For lefties against right-mugs, and vice versa. The lefty-righty analysis at the level of the league’s most critically, and it is therefore important to fantasy baseball success.

    35th Stay in touch with the wounds. An injured player must nothing good in your statement.

    36th A project being over. If everyone has a race to save the jugs, collect a DH. It is likely that more value.

    37th Playing in the Champions League, where the operators have a story to remain involved. A league is not funny if you are not active participants managers who have renounced.

    38th Playing in a league with prices in silver for at least the first four paver. It allows the players to keep active.

    39th In September collect the prospects of the teams who are outside of it. This is their chance to show what they are for the next season.

    40th If your league playoffs, remember the adage: There is no future. If you do not have a player for next season, after the collapse of a pitcher that he is his last trip. It is no longer of interest to you differently.

    41st In traditional statistics Roto leagues, certain statistics are not important. For example, strikeouts are a rapper not mean Jack. An out is in fact a kind of do not have to worry about collecting Adam Dunn.

    42nd Search more pics sleeper beginning in the 16th Round. A sleep is not secure.

    43rd Be particularly careful of who his team closer to the teams, where the body is, the Congress offered. You can use a large quantity of rounds later, in this sense, to know, will be closed.

    44th From mugs are rare first round. Then, it is Johan Santana and Jake Peavy. Préfèrent load the luggage on the Rappers in the first five rounds, then load up the majority of departure pitching staff.

    45th Avoid the young people in the mugs in the first round. They are simply too risky, and topics in arm trouble.

    46th Consider three years on the development of the players. D’further back is not necessary.

    47th Playing in a league with old friends. It is an excellent way to stay in touch.

    48th If it is a pretty unique girls in your league, get to know better. It is almost certainly a keeper.

    49th Support for customers to sites such as Fantasy Baseball Dugout. The areas like these, the free fantasy baseball recommendations only to survive because the revenue from advertising.

    50th When you play a game without screaming, a player: “Hey Ryan, you are my fantasy baseball team!” Do you really think that because fout? Ives a hoot?

    USEFUL LINKS:

    Mizuno | My Nike | My Adidas | My Skechers | My Puma | Calvein Klein | Moschino | Naturalizer | D K N Y | Coclico | Onex | Via Spiga | Weebok Kids | Yellow box | Emerica | Umi Kids | Miss Sixty | Ecco Golf | Olukai | Tommy Bahama | Converse Kids | Kayland | Jumping Jacks | Tatami | Daniel Green | Nine West | Fratelli | Dickies | Fly Flot | Gravati

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  • Cars need tires and it is best to buy new tires. The key is to get high quality car tires at low prices. The market online and offline is filled with a huge variety of tires. Choose tires with care and get a set of tires that are most suited to your car.

    The first step in buying car tires is to follow recommendations made by the car manufacturer. Unless you are an auto mechanic or formula one car racer what the manufacturer recommends as suitable tires for the car are the best choice.

    1. Get all the parameters right. From the side of the tires or your car manual jot down : vehicle application; tire width; aspect ratio; radial designation; wheel diameter; load index; speed rating; DOT; ply construction; load and pressure limits; tread wear and traction ratings.

    2. Be smart shop around for the best deal locally as well as online.

    3. Check aspects like factory warranties and shop guarantees before paying for the tires.

    4. Know which features are important and find tires that will give you safety, longevity, and peace of mind.

    5. Find out if you are buying online how the tires will be delivered to you, who will mount and balance the tires. Many online sites offer tires for great rates but you will have to pay for shipping as well as for a mechanic to fit the tires. So well before buying check out the instructions on the website and find out exactly how much it will cost to get new tires fixed on the car.

    6. While many recommend buying refurbished tires in the long run new tires will stand you in good stead. While you may save money on purchase the wear and tear will be quicker.

    7. Most people buy all season tires but in case you live in a snow bound or very wet region you may need special car tires for specific seasons. If in doubt consult an automotive expert.

    8. Check whether the tires you are considering buying are for passenger vehicles and radial. Tubeless tires are great for urban roads that are well maintained.

    9. Always get the tires fitted by an expert and ensure that balancing is done. Ask about how to prevent new tire wear and tear by rotating the tires/wheels.

    10. Always replace tires in pairs. It is best to replace all four but in case of budget constrains then do the needful two at a time. The front wheels first followed by the back wheels. Never replace one in the front and the other at the back.

    Read up about tires on the internet. When in doubt ask the manufacturer. If you care for your car and its tires then the car will serve you well.

    In today’s litigious society, no profession can escape the cost and aggravation of legal claims and suits. Design Professionals, architects and engineers, are no exception. One important and distinct type of claim or suit is the professional liability or malpractice claim.

    A variety of other types of claims and suits may be made against the design professional, such as claims for ordinary negligence, such as automobile liability cases, or slip and falls on the company’s property. There are suits for wrongful employment practices such as discrimination, sexual harassment, or wrongful discharge. Finally, there are suits for commercial disputes over contracts, trade secrets, and patents.

    Professional liability claims are unique and distinct from other types of claims because they are made against the professional in relation to the performance of professional services and the specific duties owed by professionals which are not applicable to the public at large. As a result special rules and standards apply to these claims that do not apply to other types of negligence actions.

    A claimant may file a claim or suit asserting professional negligence, as a tort, such as negligence or misrepresentation, or may assert the claim as a breach of contract claim or that the design professional was negligent in the performance of its contractual duties.

    ELEMENTS OF A CAUSE OF ACTION FOR PROFESSIONAL MALPRACTICE

    In the absence of a specific contractual undertaking, the architect or engineer design professional owes legal duties to perform their work in accordance with the standard of practice of their profession.

    Generally speaking, in order to prevail on a professional malpractice or professional negligence cause of action, the Plaintiff must assert and establish:

    a. what the standard of practice is for the design professional under the circumstances;

    b. that the design professional violated the standard of practice, and the way in which the standard of care was violated; and

    c. that the Plaintiff suffered damages as a proximate result of the violation of the standard of practice.

    STANDARD OF PRACTICE

    What does it mean for there to be a standard of practice or a violation of the standard of practice? The standard of practice is the exercise of ordinary skill and care common to the professional under the circumstances. It is not the average performance of all professionals or the best performance of professionals. The standard of practice can relate to any aspect of a design professional’s work, from design to construction administration.

    Just because a majority of professionals would do a task a certain way or that the claimant’s expert would do it differently does not mean that the way that the design professional performed the task is wrong or was a violation of the standard of practice.

    Professional negligence must be contrasted with ordinary negligence. Professionals, like any other person, can be sued for ordinary negligence for matters not relating to their professional duties and practice. For example, if a person slips and falls on ice on their property of the professional, in the course of driving to or from a construction site, negligently causes a motor vehicle accident, those claims would be ordinary negligence claims where the standard of practice would not be applicable.

    The design professional does not guaranty success (unless the design professional contractually or expressly makes a guaranty or warranty), and a bad result does not necessarily constitute a violation of the standard of practice.

    Ordinarily, a claimant must present expert testimony to support a claim of professional negligence. There is an exception where the alleged professional negligence is a matter of common knowledge, or if the defendant professional establishes by his/her own testimony the standard of practice and breach.

    PROXIMATELY CAUSED DAMAGES

    Proximate cause is a legal term that involves elements of forseeability and a close relationship between the conduct alleged to impose liability and the damages.

    In the context of claims against design professionals for malpractice, it is often alleged that the design professional should have designed the building or system differently, specified different equipment, or omitted something of significance from the design or specifications.

    However, where the alleged damages involve things that should have been provided, but were omitted, or where betterments or improvements should have been specified or designed into the building or system, those may not be proximately caused damages. If the additional work or additional equipment, such as more expensive or sophisticated features or controls, would have been required had the design professional acted properly, then those costs would ordinarily have been incurred by the owner at the time of construction if the professional had not been negligent, and are not proximately caused damages. If the alleged damages involve improvements that make the building or system better or more valuable to the owner, then those betterments may not be proximately caused damages as the owner would benefit from those improvements and would have paid for those betterments.

    On the other hand, if the cost of providing those improvements including the cost of the additional equipment or system, or the cost of installation of that additional system or equipment is more than it would have been had the design professional properly designed the system or properly prepared the specifications at the outset of the project, then those additional costs may be recoverable as proximately caused damages. For example, if the price of purchasing the additional HVAC equipment has gone up since the original contract and bidding process, or if it would cost more to install the equipment after the fact because other equipment would have to be remove and reinstalled, then those would be recoverable costs and/or expenses.

    BREACH OF CONTRACT VERSUS NEGLIGENCE

    Completely apart from the issue of professional malpractice for violating the standard of practice, a design professional may be liable for breach of a specific contractual promise or a specific guaranty or warranty.

    However, in the absence of such a contractual undertaking or warranty, to what extent is a design professional liable to a third party under principles of contract or tort?

    Historically, Defendants and design professionals were not liable to third parties for property damage or bodily injury, or to other contractors for their economic losses, in the absence of privity of contract, i.e., a direct contractual relationship with the party making the claim.

    The principles of privity of contract were eroded over the years both in ordinary negligence cases and in professional liability cases and claims have been allowed in most states against professionals by third parties in spite of the lack of contractual privity.

    However, at least in Michigan, recently there has been a movement in the opposite direction limiting the liability of contractors and design professionals to third parties.

    The court in Matrix relied upon a Michigan Supreme Court decision in Fultz v Union-Commerce Associates, 470 Mich 460-463 (2004) which held that a third party cannot sue a contractor without having a contractual relationship with the contractor in the absence of proving some duty owed to the claimant independent of the duties undertaken by the contractor under the contract with the owner.

    Other states still allow suits by third parties against design professionals in the absence of privity of contract.

    Third party Plaintiffs which are not in contractual privity with the design professional may also assert that they are third party beneficiaries of the contract between the design professional and the owner and thus entitled to sue. This approach often does not succeed because a third party beneficiary must establish that the parties to the original contract with the owner intended to benefit the third party.

    FRAUD AND MISREPRESENTATION

    Claims against design professionals for fraud or misrepresentation are generally considered distinct from ordinary malpractice claims involving breach of the standard of practice. They do not require proof of the standard of practice and violation of the standard of practice, but rather have their own independent elements as follows:

    a. a misrepresentation or omission of an important fact;

    b. the misrepresentation or omission was made negligently, innocently, or intentionally;

    c. the claimant reasonably relied upon the misrepresentation or omission; and

    d.the claimant suffered damages as a proximate result of the misrepresentation or omission.

    Frequently claimants will assert misrepresentation or omission allegations against design professionals relating to errors or omissions in specifications, or in statements made to the contractors in the course of the bidding process or construction or administration of the contract. In such cases, the third party may not be able to establish the necessary element of reasonable reliance where the design professional’s duty is owed to the owner, not the third party.

    Claims for misrepresentation often require a higher level of proof, i.e., proof by clear and convincing evidence.

    Misrepresentation claims by third parties may be allowed even where professional liability claims based on breach of contract are not, because they are considered to be a distinct type of claim.

    STATUTE OF LIMITATIONS/STATUTE OF REPOSE

    One of the different rules applicable to professional liability claims is the time period during which a claimant can sue, or the statute of limitations or in some instances a statute of repose. A statute of limitations usually limits a claimants right to sue after a certain number of years after the claim accrues. The accrual date can be the date of the alleged wrongful act, the completion date of a project, the date of the injury or damage, or in some instances, the last day that the professional performed services for its client.

    A statute of repose limits the time after which suit can be performed to a certain number of years after a date, often the completion or occupancy of a project or building, without regard to when the injury or damage occurred or could have been discovered. Thus a statute of repose could preclude a suit even though the damages had not occurred or became manifest or discoverable before the deadline.

    COMMON CAUSES OF MALPRACTICE CLAIMS

    Malpractice claims can arise out of a variety of situations and causes too numerous to relate. However, some of the more common ones are addressed here.

    Many malpractice claims arise out of disputes over the scope of work and claims relating to oral agreements or representations. As a result, it is very important for the design professional to document its scope of work and all agreements or understandings, even for small projects and for clients where there is a long term ongoing relationship.

    Too often, after an initial proposal or professional services contract for an initial project, and after an ongoing relationship settles in, informalities arise, where formal documentation of the project and scope of work can go by the wayside. If a major loss or claim arises, that prior close or long term relationship may not prevent disagreements over scope of work and duty issues or prevent one party from asserting revisionist history to support their claim. Good documentation is an important measure to prevent malpractice claims and help defeat them when they arise.

    Similarly, informal or oral decisions or changes made in the field without the necessary investigation, communication, and documentation can lead to malpractice claims based on ambiguous decisions or change orders, lack of owner consent, or insufficient information.

    Failure to address complaints or issues raised by the owner, or contractors, in a timely fashion and respectfully can cause anger and blow out of proportion a manageable issue that could have been solved early at little expense. Complaints over billings or charges that are ignored or blown off can sometimes lead to other claims of poor work or services and snowball into a malpractice suit.

    Where delays are caused by unexpected circumstances or conditions, bad weather or supplier issues, claims may be made against the owner for delay damages and extra expenses or result in litigation against the contractor for delayed or uncompleted work, missed deadlines, and poor workmanship. These claims often result in the design professional being brought into the fray and litigation. It is best to identify and address these issues clearly and directly with the owner and contractor and resolve them before the amount of money and time involved becomes critical to either side making litigation more likely.

    Over the last decay, an increase number of research were conducted to determine ways Information Technology can assist in meeting special needs to ensure universal accessibility. Findings to date suggest that by being more knowledgeable about accessibility issues, Web designers and developers are able to accommodate end users with special needs.

    As we enter the knowledge age, it is no longer acceptable that people with limited or no vision are on their own when it comes to accessing the web, nor those with mobility problems are on their own when it comes to use a hardware. To ignore

    website accessibility raises moral, business, and legal issues. It is morally wrong to discriminate

    against disabled people on the web simply through lack of thought, consideration, or awareness. Many business web sites designed without considering accessibility issues result in loss of revenue. Some countries, such as the US, UK, and Australia has introduced legislation that requires organizations to adhere to accessibility issues.

    In June 1999, the Disability Discrimination Act (1999) has been used to fight for access rights in

    Australia. The 2000 Olympic Site Games, jointly developed by Sydney Organizing Committee of the Olympic Games (SOCOG) and IBM was found inaccessible to the blind users, and SOCOG was fined A$ 20,000 [1].

    The purpose of this paper is raising awareness among web designers and developers, to achieve universal web accessibility goal. The paper looks at the disability issues and the existing assistive technologies or methods used by disabled users to assist them in accessing the web.

    Afterwards, the paper reviews guidelines for good web site design, and provides analysis for designing an accessible website. Furthermore, the paper highlights on the challenges and gaps in the web accessibility area.

    Literature Review:

    Two years ago, a Conference was held in ‘London’ and attended by representatives of commerce, industry, government, and the IT Sector aiming to raise awareness of the potential benefits of assistive technology to disabled users. The outstanding number of speakers highlighted through number of cases how technology can transfer lives. ‘Sue Bassoon’ a Business Development Manager at IBM said: “IBM’s goal is to have a speech recognition system as good as the human ear by 2010” [2].

    The objectives of this literature is two folds: (1) explain how a particular disability (e.g.

    visual impairment, mobility restriction, hearing impairment) can impede the use of the web, and what can be done to accommodate special needs; and (2) show how web designers and developers can construct accessible web sites to end users with disabilities, such as visual or hearing impairment.

    (1) Disability Issues

    The section begins with a descriptive part concerning disabled user functional limitation

    and dependence on assistive technologies.

    A- Vision Issues:

    A web user who has no sight (totally blind) is likely to use the screen reader technology to reads a load the content of the web page. Other web users, with partial or poor sight need to be able to enlarge the text on web page using a screen magnifier.

    B- Mobility Issues:

    A web user may have mobility problems as a result of an accident or disease such as:(loss of limb, Injury, or aging process). The technologies used by users with mobility problems are:

    - Sticky Keys: For users with one finger typing.

    - Filter Keys: Ignores repeated strokes for people with hand tremors.

    - Mouse Keys: Permits moving pointer with numeric keypad.

    - Serial Key: Permits access to alternatives for mouse and keyboard functions such as Foot Mouse.

    - Eye gaze: A video camera that racks eye movement as the user look at an on screen keyboard. It is customizable as how long a key must be looked at to be recorded. When system has identified the key looked at the symbol appears and the user look at next key.

    C- Hearing Issues:

    A web user may be deaf or experiencing problems with hearing due to the natural aging process. To assist those users the audio or video need to be translated to the ASL (American Sign Language) language of the deaf, in which certain signs represent words.

    (2) Design for Accessibility

    In the above section, the paper provided readers with a general knowledge about disability issues, disabled users, and the existing assistive technologies. This section is intended for web designers and developers, because it provides them with tips and guidelines on ways to design a good and accessible website. There are two main aspects

    to take into account:

    I- Look and Feel

    Web designers need to present a user friendly interface that addresses specific ability needs. The designer should be able to describe ways disabled users interact with a website, and how they move through the pages and how they achieve their goals. Below, are helpful tips that designers need to consider when designing an accessible website.

    - Web Designers & Developers; should follow the four principles of visual organization in the process of designing a website which are: Proximity, Alignment, Consistency, and Contrast.

    - Web Designers & Developers; must avoid using HTML tables to control the layout, instead use style sheets.

    - Web Designers & Developers; should use legible fonts, and font size to allow disabled users to easily change them from the browser interface.

    - Avoid poor color contrast in your design, and do not use color for meaningful description.

    - Avoid the use of animation, and flash which may affect users with photosensitive epilepsy.

    - Avoid using Frames because it can pose problems for technology used by some disabled users.

    - Try not to use graphics for menu and button forms.

    - Avoid hiding menu items (using DHTML or applets)

    II- Content

    Web designers should organize content in a way that can provide ease of use and simplicity. Below, are helpful tips that designers need to consider when designing an accessible website:

    - Use a clear language, and write short sentences.

    For example, a web page should provide blind users with a short summary of what they can find. A Search Functionality is important because a blind person can’t scan the page, and will generally trust first result he/she receives.

    - Add Accessible tags and attributes by using rich set of tags to enhance accessibility. For instance, an ALT tag is used to provide a text equivalent for images within a website. The

    ALT text description is what the screen reader or talking browser will read to the blind users .

    - Use clear link descriptions, and include links that a user can click to skip repetitive regions of the page.

    - Ensure the pages are usable when scripts, applets, or style sheets are turned off or not

    supported.

    - All audio and video content should contain captions, transcription, and descriptive information.

    Analysis:

    It is estimated that 20% of the population has some kind of disability. The internet opens

    a new window of opportunity and independence to disabled users from reading news to banking to conducting business. For example, by using the screen reader technology a blind user can listen to the latest newspaper published electronically. Similarly, a user with mobility problem who can not go out shopping to buy a newspaper, nor use a

    keyboard or mouse independently, can rather use the eye tracking software that allow people to use a computer with nothing more than eye movement.

    Nowadays, organizations are asking designers to make their web sites accessible and for

    good reasons. First of all, the more people who can use a site, the more potential it can

    generate. Online stores, in particular have a great deal to gain, since many people with

    functional limitation problems, find it much easier to shop online. Most Web designers

    are not personally opposed to the concept of making web sites accessible to people with

    disabilities. In fact most accessibility errors on web sites are the result of ignorance. A large proportion of web designers and developers have simply never thought about accessibility issues. A small proportion of web designers (4%) do not understand the needs of users with disabilities; another (46%) understand some of the needs of users with disabilities. While only (26%) of designers understand most of the needs of users

    with disabilities and can accommodate them [3].

    The Challenges and Gaps of Web Accessibility:

    In this section, we highlight the challenges and the requirements posed by user needs, to

    access the web. We argue the need for a new approach to address accessibility issues, and

    include it in each and every web project life cycle.We recognize that the vast majority of disabled users face challenges when accessing the web. Why is this? Is it the lack of technical solutions to meet their needs – absolutely not! You will hear today that there are new technological solutions to address even most extreme form of disability. Is it cost?

    Again it is not! Some technical solutions, cost nothing at all, and already exist in software. So, What then? Is it that web applications are being developed that present challenges to accessible design? Is it lack of knowledge and skills to meet their needs?

    There does seem a general lack of awareness of web accessibility issues. Web Designers and Developers, need to have a better approach to tackle the problem in each phase of the web development process. For example, during the requirement analysis phase a web developer must define the target audience of the site, and should take into account people with a combination of disabilities. In addition to this, during prototyping phase a web designer must have the knowledge to accommodate end users with special needs, and also the skills to meet their expectations.

    Moreover, testing the web site using different

    technologies is critical for a successful web site, to ensure it meets the accessibility

    standards and user requirements [4].

    Therefore, in each phase of the web development process, accessibility plays an important role. Accessibility and Usability should be completely embedded in web design and development cycles from beginning to end.

    The future looks bright for web accessibility. It promises to educate web designers and developers about accessibility issues, through training courses offered at universities.

    Conclusion:

    The Internet offers independence and freedom. But, this independence and freedom is limited to certain users. Many websites are not created with accessibility issues in mind.

    Whether it is the Web Designer lack of knowledge or ignorance, they exclude a segment of users that in many ways benefit from the internet [5].

    In short, designing accessible websites does not require an enormous effort or time. It simply, requires commitment, and accountability, to achieve a universal goal.