Novating design team to a contractor

Novating design team to a contractor Synopsis Clients within the Construction Industry prefer to use the JCT Design Build Contract rather than other traditional procurements methods. Novation is a process that allows Clients to oversee the early stages of design development of a project and then transfer the responsibility for the design to a Contractor after the contract has been awarded. By transferring the responsibility to the Contractor through novation the Client takes minimum risk contractually while retaining an influence on project design from the initial stages. This process transfers maximum risk to the Contractor as he becomes responsible for all future design of a project and all past design completed up to the point of a contract being awarded, this includes any design errors. Both Contractors and Designers must work together closely on any design and build project, but particularly when novation has taken place. For a project to be profitable and be completed on time it is essential that there is a good working relationship between Contractor and Designer. Research to establish if the process of novation has an adverse affect on the working relationship between Contractor and Designer was conducted. The aims were to identify factors that may affect the working relationship of the two parties and to understand the opinions of both Contractors and Designers about what affect novation has on their working relationship. The objectives of the research were to highlight specific problems within the process of novation and recommend improvements to industry. To achieve this research in the form of a literature review, questionnaires and an interview with Contractors and a Designer was performed. The report recommendations are aimed at Clients to hold more pre-contract meetings with Contractors not just Designers, and understand the criteria a Contractor follows when appointing a Designer to ensure compatibility between parties when in Design and Build contract together. Acknowledgements I would like to express gratitude to the following people and organisations for their time, knowledge and support in assisting the in the successful completion of this research project: My final year Supervisor Dr Ron Craig of the Civil and Building Engineering Dept of Loughborough University, for constructive criticism and guidance throughout the process of developing the dissertation. HBG UK Ltd for using a lot of Commercial Managers, Design Co-ordinators, Legal Correspondents and Personnels time in completing the literature review and aiding in the data collection. The Commercial Manager of the second Contracting Company questioned The Architect questioned for his experience and opinions of the process of novation. Mr Andrew Moss for proof reading the final draft of this report and suggesting possible alterations. Chapter 1 Introduction 1.1 Introduction to Subject The Design and Build form of J.C.T contract (please see chapter 4.0) has become more popular with construction Clients that employ Contractors to construct new buildings and/or renovate existing structures. The Authors research has shown that the percentage of contracts tendered for under a Design and Build form of J.C.T has increased over the last five years. In conjunction with this the traditional form of JCT contract has decreased in popularity with Clients. In many cases the designs which make up part of the contract between the Client and Contractor, under JCT Design and Build, are completed by a Design Team on behalf of the Client before the contract between the Client and Contractor is made. To ensure that the Contractor who successfully tenders for a project retains the Design Consultant that the Client employed prior to the contract being made it is sometimes necessary for a Client to novate (please see chapter 5) the design team across to the Contractor. The purpose of this report is to investigate into the problems, if any, with the process of novating a design team to a Contractor from the Client and suggest solutions. This report will also detail the affects on the working relationship between the Contractor and the Designer, and how novation either aids or hinders the working relationship 1.1.1 Aims of Chapter One To introduce the Dissertation subject area. The reasons behind the investigation of this Dissertation. To outline the work carried out and a description of the contents of the Dissertation. Detail a well constructed hypothesis that the investigation will either prove or disprove. To outline a guide to the report, and introduce each individual chapter. To detail the aims of the report and the objective that must be achieved to meet the aims. 1.2 Rationale behind I nvestigation The interest into the investigation of Are there always problems with novating a design team to a contractor? came about after the Authors industrial placement. While working on site for a Contractor on a J.C.T. Design and Build contract where the design team was novated it became apparent to the Author that there were many differences of opinions between the Designers and the Contracting Company. The main items of debate and disagreement between the Contractor and the Design Team were the Clients requirements. In the Authors experience there was a large difference of opinion of how design changes and/or variations should be treated between the Design Team and the Contractor. Whilst profit-driven Contractor seemed to always look for the cheapest and most cost effective way of bridging any design problem; where as the Design Team gave the impression that they were more concerned about the aesthetics of the design and the Clients design opinions rather than the buildability and cost. Many design variations that were requested by the Client, or those forced upon the Contractor were not always as the Contractor had specified to the Design Team. The Contractor felt that his time was wasted by the Consultant not designing elements as originally specified. The working relationship between the Contractor and the Designer seemed to deteriorate from the project start date, until beyond the design completion stage. After the Author had asked other members within the Contracting Company about the novation of a Designer to the Contractor it became apparent that the relationship between Contractor and Designer was similarly affected on other projects. The Author had discussions with the Client of the project he was placed on. The Client stated that more building work was being undertaken using the J.C.T. Design and Build form of contract as this reduces the risk to the client and/or the person funding the project. The Author found that under Design and Build more risk was placed on the Contractor, and that management techniques had to change to appropriately manage higher risk projects. He also realised that as more contracts were being made under the Design and Build form of contract with the Designers being novated to work for the contractor a greater knowledge of the subject area would be beneficial to the Author in the management of Design and Build contracts. 1.2.1 Originality of Thought The Author had discussions with his Supervisor before commencing the research about the subject matter. A hypothesis was agreed upon that gave the Author scope to research areas of the process of novation in design and build contracting that have not previously been discussed in an undergraduates research project for the Supervisor. The process of novation being used in the design and build contract has recently become popular with Clients. The aim of the research is to establish if Contractors and Designers have not yet fully adapted to the change and improvements in the working relationship between the parties must be made to ensure that they remain competitive and profitable. 1.3 Subject Definition Novation is a process in which [1]a contract between party A and party C is turned into a new contract between party B and party C. This process can only be achieved if all three parties agree that novation can take place. A Deed of Novation[2] is commonly used to terminate a contract between parties A and B, and then create a new contract between parties A and C. There are standard legal documents, blank deeds of novation, which are available as downloads from the internet, for example at (www.citysolicitors.org.uk/legal_activities as of 28/03/06). A deed of novation has been used for many years before it became popular with Clients in the construction design and build context. It is used in the sale of manufacturing companies, where components made are used by other larger companies. For example, the purchase of a windscreen wiper company by a new owner whilst retaining the commitment to an existing customer car manufacturer. Novation has many other wider applications other than construction; Porsche in their latest brochure[3] offer a novated lease for their new motor cars. In this case an Employee of a company (the lessee) signs a lease agreement with Porsche (the lessor). A Deed of Novation, then supplied by Porsche, is signed by Porsche, the Employee and the Employer. This then transfers the responsibility for the payment to the Employer. Novation is used in a construction context where the relationship between two parties has developed over time and the introduction of a third or new party is necessary. There then needs to be provision to contractually protect the existing parties in the relationship. 1.4 Report Intention The intention of this report is to investigate how the working relationship between the Contractor and the Designer novated to the Contractor from the Client could be improved to their mutual benefit, and to the benefit of the Client. However, the report may show that there is no improvement to be made, and that the process of novation as it presently stands is adequate. 1.4.1 Aims To identify clearly factors that may affect the relationship between the Contractor and the Designer under novation To discover any adverse characteristics that may cause a poor working relationship between the Contractor and the Designer To clearly understand the opinions of Designers and Contractors that has been involved with novation To understand the attitudes of Designers and Contractors towards novation To clearly understand the definition of novation and the context in which it is used within the construction industry To identify any differences in attitudes between Contracting Companies towards novation under a J.C.T. Design and Build contract To understand why Clients now prefer to use the Design and Build form of contract rather than the Traditional contracts they favoured to use To identify why Clients within construction novate the Design Team across to the Contractor 1.4.2 Objectives To highlight specific problems within the process of novation that requires improving To investigate how the process of novation may differ between contracts and/or with varying Clients To identify differences between the Contractors and Designers opinion of novation under the J.C.T. Design and Build Contract To highlight areas within construction where it is necessary to use novation in Design and Build contracts To advise the Contracting Companies of the most economic way of managing a Design Team that has been novated by a Client To identify if a Contractor and Designer have a better working relationship, i.e. have a greater understanding of each others objectives and needs, under a traditional contract rather than novation under a Design and Build Contract 1.4.3 Hypothesis The working relationship between Contractor and Designer is adversely affected by Novation. 1.5 Overview of Research Methodology The methodology of the research for this project will take the form of the following; please see the methodology in chapter three for a detailed discussion on the report methods used: A review of past and current literature concerning the background of novation within the construction industry. A review of specific literature concerning the working relationship of a Contractor and Designer. Discuss the definition of novation within construction, and where it is most commonly used in the industry. Design a questionnaire to send out to a selected Contractor and a Designer. Design an interview format and questions for a specific Contracting Company to answer on the subject of novation. Design an interview format and questions following the results of the previous interview to issue a separate questionnaire to a different Contracting Company to analyse company differences. Analyse results gathered in the interview to form a conclusion about the effect of novation in construction. Make suggestions or recommendations to the industry and Clients within the construction industry. 1.6 Overview of Main Conclusions The Authors completed research shows that there are ten factors that could adversely affect the working relationship between a Contractor and a Designer under a novation agreement. The Author found through analysing an interview and questionnaires completed by two Contractors and an Architect that the reasons for novation having an adverse influence on the working relationship of a Contractor and Designer were that: The time allowed for Contractor to Tender is not increased The loyalty of Designer to Client remains evident after novation to the Contractor There is usually a large distance between the Designers head office and the project Insufficient design fees are allocated at the tender stage There is an increased risk of error in design There could have been a previously poor working relationship between the parties The Designer may be inappropriate for the project The performance of the Designer is not consistent throughout the process of completing the design Novation is usually late or rushed from the Client There is an increased probability of conflict between the two parties The Author found that many of these factors were specific problems which could be attributed to the process of novation under a design and build project. Therefore, the results support the hypothesis of the research. However, additional research is required if the hypothesis is to be proven to be correct. 1.7 Guide to the Report Chapter One: Introduction This section introduces the study and outlines the hypothesis, aim and objectives of the research. It indicates the origin of the Authors interest in the subject, why the hypothesis was chosen, and describes the methodology that was followed. Chapter Two: Literature Review This section examines the literature research conducted by the Author. It is an investigation into the definition of novation, and describes where it is used within the construction industry. This section details the current view of the contractor in a novation agreement. Chapter Three: Methodology This section of the report describes the methodology which was used to conduct this research. It shows how the information was collected. It also includes the topics covered within the interview and the design of questionnaires that were employed. Chapter Four: Design and Build Contracts This section describes the forms of J.C.T. contract used and highlights the advantages and disadvantages to the Design and Build form of JCT contract. It provides an introduction into Design and Build and details the differences between the Employers Requirements and Contractors Proposals that are a key feature of the Design and Build contract. Chapter Five: Novation This section of the report describes in detail the uses of novation within a construction context. It gives a definition to the process of novation as used in a Design and Build situation. This chapter details the conflict of interest the Contractor and the Designers tend to experience due to novation. It illustrates the problems that may arise in the design, payment of design fees and the varying levels of the Consultants performance. Chapter Six:Analysis This section of the report is the analysis of the questionnaires sent to Clients within the building industry and their Project Managers and the Designers. It analyses the interviews conducted with the contractors and additional information gathered. Chapter Seven: Conclusion This section of the report presents the Authors conclusions based upon the findings within the analysis chapter of the report. It suggests solutions to the aims and objectives set out in the introduction, criticises the hypothesis around the report was based and highlights the possibility for further research. Chapter 2 Literature Review 2.1 Introduction The literature review is a comprehensive analysis of all relevant articles, books and publications to this research project. Derek Swetnam[4] describes the literature review as a report; That is central to the dissertation and in all styles of work it has a number of functions: It shows that you have read widely around your chosen topic It demonstrates your critical understanding of the theory It acknowledges that work of others It informs and modifies your own research The Literature review in this chapter is broken down into eight sub-headings. The chapter talks about the description of novation, then goes on to describe where novation is used today both in and outside the construction industry. The literature review describes the process of a Designer being novated to a Contractor. The final section of this chapter discusses and analyses in what way the literature which is reviewed is relevant to the Authors research project. 2.1.1 General Aims To break down the causes of the problem highlighted in the hypothesis into logical stages. To collect and analyse previous research and literature to further investigate the subject area of this project. To research any previously made recommendations. Make recommendations which have been concluded from a detailed literature review. 2.2 Aim of This Literature Review What is the description of Novation and in what context was it used before in construction? Where is Novation used today outside of construction and what is its main purpose? What other uses are there of Novation within construction other than a Designer being novated to a Contractor? When did Novation of a Designer to Contractor become popular with Clients in the construction industry? Have there been problems with the novation of a Design team to a Contractor in the past? When is Novation practical in construction contracts? What are the risks to the Contractor in the novation process? 2.3 Contents of Literature Review 2.3.1 Description of Novation David Janssens[5] stated that: Occasionally, an Employer may stipulate that the successful Contractor is to engage one or more of the Employers consultants to complete the design and detailing of the project in the post-contract stage. Such consultants are employed by Contractors under novation agreements, i.e. a novation agreement is a new agreement in substitution of a previous agreement between the Consultant and the Employer. Novation exists when an agreement or contract between two parties is going to be broken and a third party enters to take the place the agreed or contract role of the party which is leaving the agreement or contract. Novation can also exist when a third party enters into an agreement or contract without any other party leaving. Jeremy Hackett[6] stated that: Novation is a legal concept, formally providing for the re-employment of a Consultant by the Contractor, as part of the contract agreement between the Employer and Contractor. Should the Contractor merely choose to re-employ the same individuals who have previously sat the other side of the interview table from himself that would not be novation, but its effect would be very similar. 2.3.2 Uses for Novation. Novation is not only used within the construction industry, the use of novation in law is much more commonly used in the buying and selling of manufacturing companies. In this context a novation agreement maybe drawn up by lawyers of a manufacturing company which intends to sell to buyer whilst still retaining the same business clientele. In this instance a customer of the business being sold would be novated across to the new buyer of the business, this ensures that the customer can always source what ever item the new buyer manufactures. Ann Arbor[7] Stated that: A hospital in Texas is taking electronic commerce beyond purchase orders and usage reports to adoption of digital contract management. The sooner hospitals are able to sign up to participate in new contracts, the sooner they are able to access contract pricing. Using the enhanced form management program, materials managers can submit forms online where suppliers can approve them, also online. In this example a hospital in Texas is using the agreement of novation over the internet to sign up for new contracts much faster than it was able to previously. This has benefited materials managers the most as they are able to source cheaper or higher quality materials from differing suppliers and simply transfer the agreement they have with one supplier to another using novation. 2.3.3 Alternative uses of Novation within construction. The section above discusses how different forms of novation are implemented in areas other than the construction industry. However, within the realms of construction there are many more uses for the novation agreement to be used. The use of novation within construction has only been commonly used during the past decade or so, the main reason for this is the introduction of the JCT Design and Build Contract which made the novation of Designer to the Contractor much easier for the Client. Before the introduction of Design and Build Contract novation was present in the same format it exists today in other industries as mentioned above. If during the construction process a Client was unable to fund any further necessary works and there was a willing buyer to stand in for the Client, it may be in the interest of the entering party to continue to use the existing Contractor. The easiest and least time consuming way to do this would be using the Novation agreement. The second way in which novation occurred in a construction context before the introduction of the Design and Build Contract was if the Contractor was suffering from financial issues or the relationship between himself and the Client has been irreparably affected in someway. If a situation like this occurred it was beneficial for the Client to take on board a new Contractor through a novation agreement. This removed the necessity for the remaining works to be re-tendered, and the likelihood that the Client would have to pay an excess for the works to be completed. 2.3.4 When did novation become popular with Clients Jim Smith[8] stated that: The choice of a procurement method is probably the single most important decision the client makes, other than the decision to build. The various procurement methods can be described, as defined by Masterman (2002), under these three distinct categories: Separated and co-operative. Integrated. Management orientated. In the last few years and particularly within the past decade the procurement methods for contractors have been moving away from the more traditional contracts as described above. The change to a procurement method which uses the second and third categories above has largely been Client-driven; the main reason for this is that the Contractor has to accept a high level of risk if he is to tender successfully for a project. As more design development has been shifted across to the Contractor it is becoming easier and more cost effective for the Client to shift higher levels of risk to the Contractors. The Design and Build contract and all its variations have expanded considerably to accommodate a Clients needs in recent times. The Royal Institution of Chartered Surveyors (RICS) [9] in 2000 stated that: Design and build and its variations have expanded considerably in the last decade. It has increased dramatically in the 1990s going from a 10 percent share during the 1980s up to a 35 percent share of the construction procurement market, with management contracting declining to a 10 percent share. Chan stated[10] that: 21% of private Clients in the UK use the Design and Build system, of which 42% commonly use Design-Novate and Construct for their projects. Design-Novate and Construct has also been widely adopted in Australia and Hong Kong. David Jaggar[11] Stated that: The major advantages of design and build are that all the risks, both financial and period for completion, are transferred to the design and build contractor, with the client only dealing with one organisation, so eliminating the complexities and frustrations of dealing with a range of separate organisations. The approach also overcomes the problem of the separation of design and construction, so saving overall time and allowing the design to reflect improved buildability in the construction solution. The argument against this is that a Contractor may be taking a higher percentage of higher risk projects. However, as a Client is off loading a lot more risk than what was traditionally not possible in the past they are able to fund much more projects and engage a lot more designers. The result of this is that the Contractor has more work to tender for and a much higher chance of winning projects as more tenders will be processed. 2.3.5 Issues arising from using Novation in construction. Jim Smith[12] stated that: There is considerable debate as to the merits and demerits of the approach and it is fair to say that many design professionals were unhappy about the approach, not least because there was a reduction in their own influence and independence. However, a valid view put forward, which undoubtedly design and build suffered from in the 1980s, was that the quality of the final building was often inferior and the role of design was devalued, as the design and build contractors shaped the design to suit their particular methods of construction. More recent views from clients noted above indicate that they were satisfied with the quality of their completed design build projects. The Design Manager of a Contracting Company plays a critical role in the development of design to determine a contract value for a project. The role involves being able to balance cost and quality and time constraints within a framework. This is an essential skill for all Design Managers or Project Co-ordinators. The Design Manager will work closely with the Commercial Manager at the tender stage of a Design and Build contract when novation of the Design team is being used by the Client. It is crucial that both managers work together to reduce the amount of design and financial risk the contractor will have to carry through the contract period if the tender submission is to be successful. Allinson[13] states that: The developments in the construction industry, the continuing specialisation of professions and the rising application of alternative procurement methods have all contributed to the gap between design and management, but they have also emphasised the need for a design professional with management and technological skills. The management of the process should ensure a successful and deliverable project When Design and Build contracts first became widely used by Clients in the 1990s Contractors tended to manage the building works in the same way they managed traditional contracts. Here a Project Manager was responsible for the development of the construction and concluding the outstanding design issues as well as resolving any building sites day-to-day issues. Project Managers were supported by a number of other managers such as Services Engineers, Site Management and Quantity Surveyors. Jim Smith[14] states that: However, a single reporting source on all aspects of design and cost has not always benefited the client, contractor or the project. Projects have been organised in a very flat structure with numerous lines of responsibility reporting directly to the project manager. The larger projects would have over half a dozen separate factions directly beneath the project manager, including the above stated managers, structure coordinators, documentation managers, tendering coordinators, contract administration, project administration and occupation health safety and rehabilitation (OHSR). In practice, this structure has proved to be an inefficient and ineffective form of management on many projects.

The One Scene That Sealed Titanic’s Fate Essay

Titanic is thought to be one of the most iconic films to ever hit theaters. According to the film industry, the film by James Cameron falls into the realm of an epic romance/disaster genre. Released in 1997, Titanic was an international box office sensation, due to the director providing equal importance to history, fiction, and romance. The film is set in April of 1912, where Jack Dawson played by Leonardo DiCaprio and Rose DeWitt Bukater played by Gloria Stuart and Kate Winslet share a love story that cannot be broken. The movie also gives a historical overview of what happened that dreadful night. This critical analysis of the film Titanic provides an overview that the innovative mode of storytelling (flash back and other techniques) can portray both a love story and the historical background while using a dissolve editing method, in which â€Å"the end of one shot gradually merges into the beginning of the next. The effect is produced by superimposing a fade-out onto a fade-in o f equal length of imposing one scene over another† (Petrie and Boggs 160). This editing effect was used at the beginning of the movie, in which at 21:03, the wreckage of the Titanic is seamlessly and effortlessly transformed into the beautiful masterpiece of a ship that it once was. This effect is also used when Jack and Rose are standing together â€Å"flying† on the edge of the Titanic, later to be transformed back into the ship wreck. This scene brings the audience back into the present and shocks them back into the harsh reality that the scene was merely a memory from Rose, and no longer the reality (Titanic1997). The editing in Titanic is truly remarkable, bringing the audience from the future into the past, shocking the audience by showing both first-class and lower-class struggles, and showing not only the love story between Rose and Jack, but the life and death of the Titanic and the two thousand people aboard. Through the use of other film techniques such as editing and camera work, set design, imagery and color, James Cameron created one of the most influential and moving works of art the film world has seen. The editing style and technique brings new life to the cinematography world, and â€Å"rejects the norms of modern Hollywood style† (Butka). In all film elements, visual effects, cinematography, color palette, editing, sound design, and music, contributes to the film as a whole. Cameron, â€Å"who has been pushing the boundaries of the Hollywood classical cinema since The Terminator, finally reached a career high point with Titanic’s synthesis of compelling storytelli ng and dexterous style and technique† (Butka) Visual effects, color, imagery, and set design play an important role in all forms of movie and television. These elements are the core foundation of the overall feeling that the audience experiences when watching a particular film. One particular element of film that impacts the story line is the setting of the scenery. Setting may â€Å"often seem unobtrusive or be taken for granted, it is an essential ingredient in any story and makes an important contribution to the theme of total effect of the film† (Petrie and Boggs 82). The setting of a film should be carefully analyzed because of the effects it has on the interrelationships of the characters, plot, and overall general feeling that the movie brings out in its audience. In Titanic, the setting plays a major role in the fact that the first class citizens were held to a higher standard that the lower class citizens. This set the mood for the rest of the film and sets up the segregation that separates Jack and Rose. The col ors also provide a strict divide between the upper and lower classes aboard the Titanic. The royalty wore brighter, more vibrant colors, as well as more flashy materials, whereas the lower class wore much more torn clothing, all of which were dark and dirty colors. These elements ultimately set the tone for the rest of the movie, and would be a constant struggle for Rose and Jack to keep their bond strong. James Cameron put an emphasis on the difference between these classes in order to give the audience the sense of segregation. James Cameron is a critically acclaimed film director known for some of the biggest box-office hits of all time. A science-fiction fan as a child, Cameron â€Å"went on to produce and direct films including The Terminator, Aliens and Avatar. He has received numerous Academy Awards and nominations for his often large-scale, expensive productions† (Biography Editors). His most noted work, 1997’s Titanic, became the first film â€Å"to earn more than $1 billion and landed 14 Academy Award nominations. Cameron took home three Oscars himself for the project: Best Director, Best Film Editing and Best Picture† (Biography Editors). To re-create one of the greatest disasters at sea in history, â€Å"James Cameron had a special studio built in Mexico, which featured a 17-million-gallon water tank and the 775-foot replica of the Titanic,† this proved to help the film be a successful blockbuster hit (Biography Editors). James Cameron’s techniques used in Titani c became immensely popular as the film became popular. Cameron’s own â€Å"documentary urge was so intense, that he created new diving and photographic equipment – at an extraordinary expense for his studio – to achieve textural authenticity by recording and presenting the eighty-five-year-old wreck of his subject. The film, then, like so many other fictional films, says the ultimate compliment to the documentary form: Cameron uses the real thing to inform his reel thing† (Petrie and Boggs 468). The main purpose behind editing a film is to keep the film in continuous motion, regardless if the time periods switch rapidly, much like in Titanic, where Rose goes from being a seventeen year old girl, to a one-hundred year old woman explaining the history of the Titanic as she remembers it. The editing techniques that were used were ultimately used to shock the audience through â€Å"sudden, jarring cuts between the third- and first-class, [which] build the antithesis between the classes and accentuate the conflicts. Some of the examples include: the cut between the steer get berthing space when Jack and Fabrizio (Danny Nucci) first arrive on the ship and Cal’s private promenade deck; the cut between Rose and Jack dancing in the steerage party scene and the first-class smoking lounge (which is such an abrupt change of atmosphere and energy that it comes as quite a cinematic shock to the viewers); the cut between the flooding in the steerage with rats on the run and the pro priety of a first-class corridor that does not even hint at the impending tragedy† (Butka). Throughout the movie, the film consists of scenes mainly from the Jack and Rose era, however in the beginning of the film, the director made use of flashback technique to unearth the romantic story of the lovers in the film. To be specific, the plot moves from present condition (say, 1996) to past (say, 1912) and to present (1996). In the opening scene, the director portrays the effort of Brock Lovett (say, a treasure hunter) to unearth the secret behind a necklace sunk with RMS Titanic in 1912. Gradually, the director portrays the love affair between Rose and Jack. In the end, Rose drops the necklace into the Ocean and returns. The film ends with a fictional reunion between the lovers. Dissolves are very important to the film, â€Å"particularly those between different time periods, and even fades are used occasionally to mark important points in the film (e.g., when Rose finishes her story)’ (Butka) Cameron also uses â€Å"establishing shots regularly, thus preserving a locale orientation for the viewers: not only do we always know exactly where we are, but these establishing shots also help us grasp the ship’s enormous dimensions† (Butka). Even in the period section of the film, â€Å"there is a separation between two distinct photographic styles: â€Å"In the first part, the camerawork is rather polite, graceful and even eloquent. [Carpenter] was trying to reinforce the opulence and beauty of the time with lighting,† (Butka). This eloquent style gives a feeling of tranquility and perfection to the first class shipmates, providing deep segregation to the boat, thus bringing about the conflict of Jack and Rose’s love. This camera and editing style let the audience feel the same way that the characters were feeling, eloquent and fashionable. When looking at the color of the first class section of the boat, â€Å"there is also use of amber, a color Ca meron has not used before; in addition, the first-class sections of the ship are even more colorful, which is undeniably helped by the exquisite costuming† (Butka). In the second part of the film, the camera work and editing becomes much more violent and choppy, showing the struggle the passengers endured as the ship hit the iceberg and ultimately began to sink. The camerawork â€Å"quickly loses that polite edge and segues into this very kinetic, sometimes violent movement. It’s jarring and bumpy, which suggests the panic of the situation. This is a point that Cameron, Carpenter, and Muro worked on together; later in the film, initial smooth and refined camera movements transform into â€Å"less elegant and more nervous. There’s a lot more handheld work and Steadicam, and its rough† (Butka). The overall production of the Titanic came at quite a cost but was a tremendous success, to say the least. Titanic’s production was a â€Å"famously difficult and complex one, a shoot on an almost unprecedented scale which featured tough technical challenges and which was overseen by a director who knew exactly what he wanted and who demanded the utmost from everyone until he got it, but it was a tough journey to get there† (Braund). Production of the film began in 1995, when â€Å"Cameron shot footage of the real wreck of the RMS Titanic. He envisioned the love story as a means to engage the audience with the real-life tragedy. A shooting took place on board the Akademik Mstislav Keldysh — which aided Cameron in filming the real wreck — for the modern scenes, and a reconstruction of the ship was built at Playas de Rosarito, Baja California. Cameron also used scale models and computer-generated imagery to recreate the sinking. At the time†, the pict ure became the most expensive film ever made, costing approximately US$200 million with funding from Paramount Pictures and 20th Century Fox (Butka). â€Å"Principal photography for Titanic began in July 1996 at Dartmouth, Nova Scotia. In September 1996, the production moved to the newly built Fox Baja Studios in Rosarito, Mexico, where a full-scale RMS Titanic had been constructed (Marsh). Special effects played an important role in how the movie filmed. Many critics were skeptical about how Cameron would portray such a disastrous scene, including the deaths of all of the people aboard the ship. Cameron then went on to say that †the people were all computer graphics. The way we did it was, we had people act out all of those individual behaviors in what we call a ’motion capture environment.’ So, a steward pouring tea for a lady seated on a deck chair – that was all acted out and then that motion file was used to drive and animate those figures. The end result is like you said: We pull back down the full length of Titanic, and you see 350 people all over the decks, doing all those different things. The same technique was used for the sinking when you see hundreds of people on the ship jumping off or rolling down the decks† (Ebert). Cameron also did not want to cut corners in regards to the props and sets used. In addition to the life-size model of the Titanic, Cameron also had â€Å"construction crews build two huge water tanks. One was 90 foot deep and over 800 foot wide in which the model could slowly sink into 17 million gallons of water fed directly from the Pacific Ocean. The second tank was 30 foot deep. It contained 5 million gallons of water and housed the elegant first class dining saloon and the three story Grand Staircase† (Titanic and Co). One of the most impressive interior sets was the recreation of the famed Grand Staircase— the most famous room Titanic contained. Additionally, the Staircase, â€Å"as mentioned by one of the film crew personnel, ended up acting almost as a character in the film, due to it being the location of several pivotal scenes, including the ending scene. Interestingly, the staircase presented in the film is slightly larger than the one on the real ship. The reason for this was because people in 1912 were shorter than they are today. As a result, the staircase was scaled up to make the actors look smaller† (IMDB). For the exterior shots of the ship sinking, the almost â€Å"full-scale ship was placed in a 3 foot deep, 17 million gallon tank and tilted using a crane. For the interior shots of the sinking ship, the sets were enclosed in a 5 million gallon tank and again tilted in the water using a crane. This was the method used for the Grand Staircase. However, to make the destru ction of the Grand Staircase more dramatic, Cameron and his team dropped 90,000 gallons of water onto it. Because the Staircase would be destroyed, there would be only one attempt to get it right. Unexpectedly, the massive volume of water ripped the Staircase from its steel-reinforced foundations, collapsing certain sections of it† (IMDB). This destruction of the stair case was relatively dramatic and saddening to the characters and audience because it had become such a vital work of art in the movie. These stairs were much more than just stairs; they were the place in which Jack fell in love with Rose, the place Rose and Jack embraced in their final kiss in the final scene; a true masterpiece that had become one of the characters, gone in an instant. Roger Ebert became â€Å"film critic of the Chicago Sun-Times in 1967. He is the only film critic with a star on Hollywood Walk of Fame and was named honorary life member of the Directors’ Guild of America. He won the Lifetime Achievement Award of the Screenwriters’ Guild, and honorary degrees from the American Film Institute and the University of Colorado at Boulder† (Ebert). He then went on to interview James Cameron on his success and struggles with the making of the Titanic. The footage of the sunken ship was mainly real footage of the actual sunken Titanic. James Cameron believed that in order for the movie to have a more authentic feel, that he should take actual film himself with his own camera. Cameron wasn’t content to buy footage from documentaries about the search for the Titanic; he shot the film’s undersea footage himself, new for this film: †It’s all our own. I made the dives and operated the camera and we lit it and every thing† (Ebert) Cameron then went on to explain the struggles that appeared when creating the interior of the Titanic. â€Å"It’s consistent with what Titanic looks like† Cameron mentioned. â€Å"We couldn’t explore the whole interior of the ship. We could only get a glimpse into some areas. We went down some corridors to the D-deck level and saw a lot of the remaining hand-carved woodwork, the wall-paneling, and the beautiful ornate carved doors. A lot of it is still there. It’s very, very cold, which helps preserve things. There are marine organisms that will eat wood, but in certain areas the wood was covered with white-leaded paint that protected Titanic† (Ebert). As morbid as it sounds, it was important to display the fear and anguish on the faces of the people trapped on and inside the sinking vessel. Even though this was a Romeo and Juliet type of love story, the overwhelming message was to portray the absolute disaster the Titanic was and to show the terror on the faces of those involved. Cameron goes on to say that many died in terror, you know, when you look at the numbers, if you were a third class male on Titanic you stood a 1-in-10 chance of survival. If you were a first class female, it was virtually a 100 percent survival rate. It broke down along lines of gender and class. If you were a first-class male, you stood about a 50-50 chance of survival. And the crew took it hardest.† Of the 1,500 who died, 600 or 700 of them were crew members. The people who stayed in the dynamo room and the engine room, to keep the lights on so that the evacuation would not become panicked – who stayed till the end and missed their opportun ity to leave the ship – that’s something you’d see less of today† (Ebert). This just goes to show that Cameron felt very passionate about the way he needed to portray this type of despair in his movie, and in order to do that he needed have the film crew work extremely hard in order to portray that same anguish. †That was our most dangerous work,† Cameron said. †The stunt team worked for weeks in advance, videotaping each one of those stunts and rehearsing it and showing me the tapes. It was all intensely pre-planned and the set was made about 50 percent out of rubber at that point, all padded up. But there’s always an X-factor. We had 6,000 stunt person days on this film – the equivalent of one man doing stunts seven days a week for 16 years. But it was all happening at once. We did have a guy break his leg, which I hated. I don’t think anybody should get hurt for a film. So I decided to do more of it with computer graphics† (Ebert). This made it more apparent that special effects had to be made more in order to keep the cast and crew safe. Therefore, the scene in which the Titanic is actually sinking was almost entirely CGI when the camera was sweeping over the boat in a birds eye view. Cameron goes on to talk about the importance of human nature and how the story of Titanic is iconic not because of the class struggles, but once tragedy strikes, we are all on the same level fighting for survival. Cameron goes on to state that the â€Å"great lesson of Titanic for us, going into the 21st century,† he said, † is that the inconceivable can happen. Those people lived in a time of certainty; they felt they had mastered everything – mastered nature and mastered themselves. But they had mastered neither. A thousand years from now Titanic will still be one of the great stories. Certainly, there have been greater human tragedies during this century, but there’s something poetically perfect about Titanic, because of the laying low of the wealthy and the beautiful people who thought life would be infinite and perfect for them.† What would you have done? Anyone seeing this movie, I said, will have to ask them this question: Would I have fought t o get on a lifeboat? Would I have pushed a woman or a child out of the way? Or would I have sat down in the lounge and called for a brandy, like Guggenheim, and faced the inevitable with grace† (Ebert)? In conclusion, Titanic taught the general public that the human race is not invincible and that nature does not care whether you are rich or poor, perfect or imperfect, or nothing at all. Through the masterful works of camera angles, visual imagery, editing, and specific scenery, director and writer James Cameron was able to recreate the tragedy of the unsinkable Titanic through the camera lens. Cameron was able to display the struggles of love, life, death, and historical understanding through the eyes of Jack and Rose, and through the magic of filmmaking, teach an incredible lesson that will live on through eternity.

Middle School vs. High School Essay

Waking up on the morning of the first day of high school felt like butterflies took over my stomach. I had to put together an impressing outfit, fix my hair, and put on appealing makeup. Knowing that in about an hour I would be entering a totally different school environment than what I’m used to frightened me. Within every period of the school day, the butterflies started to flutter out of my stomach and into my new learning atmosphere. Although students tend to fear high school and think it is a nightmare to transition from middle school to the next level, attending high school is not much of a dramatic change. Before beginning high school, you are required to pick levels that you feel comfortable with that correspond with the school-picked courses. You also have to choose three elective classes. Any of these classes could include Art, Chorus, Intro to Family and Consumer Science, Accounting, Graphic Presentations, and many more. All of your chosen classes receive a letter grade, just like middle school, but the required classes are picked according to your academic capability. For example, if you are the type of student that does not do well scholarly, you would choose a level three class. This option is a great way to do better in school. Also in high school, there are more extracurricular options. High school offers a numerous amount of clubs and sports. From soccer and swimming to ping pong club and French club. If any of the extracurricular activities don’t interest you, you even have the opportunity to create your own club with the help of a teacher. In middle school, your classes are already selected and you cannot change them. These classes are mandatory, just like high school, but everyone learns at the same level. This can be a disadvantage for students who take longer to process than others. Also, in middle school, you cannot create your own clubs. The sports and clubs the school provides are your only selections. Transitioning to high school is a big eye opener especially because of the people. Guys have facial hair and girls are more matured. High school goes hand in hand with many different kinds of people and different types of cliques as well. Some examples are jocks, nerds, populars, druggies, and gays. In middle school, there were less people making everyone familiar with  each other. Some being naà ¯ve and inexperienced, they are not used to seeing different types of people. Overall, high school is a lot bigger. Not only is there a downstairs, but an upstairs as well and there are many more hallways. Even though classes are farther apart, there is more time in between classes. In fact, three minutes more than middle school. This allows time to go to your locker before a class and you can even stop to talk in the hallways. Since middle school allowed only two minutes in between classes, you had to be quick with exchanging books. In high school, you can take your time and arrive to class on time. The transition to high school is a big step in education, but it does not have to be a feared one. A new environment brings with it new challenges and worries, however, after awhile you will realize it wasn’t much of a striking change as you thought.

Karl Marx and His Radical Views Essay - 1169 Words

Karl Marx and His Radical Views Karl Marx[i] Karl Marx is among the most important and influential of all modern philosophers who expressed his ideas on humans in nature. According to the University of Dayton, â€Å"the human person is part of a larger history of life on this planet. Through technology humans have the power to have an immense effect on that life.†[ii] The people of his time found that the impact of the Industrial Revolution would further man’s success within this world and would ensure his success as a species. Marx was extremely radical in finding that this was a positive impact on humans in nature. In order to understand why his views were considered radical, it is important to understand his†¦show more content†¦Marx believed the workers were not collecting the benefits of the Industrial Revolution. Marx says that men are forced to work for natural survival. Marx also suggests that working men only have time to engage in the basic animalistic tendencies of a quest for survival. He says that man becomes alienated from nature and other humans as well. Marx is basically saying that man lived day by day, by day and he has nothing else to really live for. Marx thought that as the workers grew stronger, they would eventually rebel against the organization. In doing this, they would create a classless society where everyone would be equal and all property would be abolished. The basis of Marxism is the conviction that socialism is inevitable. Marx believed the free enterprise system, or capitalism, was doomed and that socialism was the only option[iv]. Obviously, this was not a favored philosophy with expanding industrialists, entrepreneurs, and existing political systems of the mid-nineteenth century [v]. Marx wrote The Communist Manifesto with the German radical, Fredriech Engels, Fredriech Engels[vi] who was also Marx’s best friend. The Communist Manifesto was a pamphlet written on the eve of the German Revolution in 1848. In his essay, Marx explains his radical theories on politics and history. Marx and Engels also examined the positive aspects of capitalism in The Communist Manifesto. They thought the bourgeoisie hadShow MoreRelatedThe Radical Nature of Social Contract Theorists Essay1403 Words   |  6 Pagesthere is a plethora of concepts surrounding man and his condition. The social contract, an agreement among individuals where individuals must sacrifice something for protection, is a cornerstone in the operation of society. Over the years, various social contract theorists have worked to understand the ties that bind man. Karl Marx, Charles Darwin, and Friedrich Nietzsche, each felt constrained by their times, and because of this introduced radical concepts surrounding the social contract. 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