Hacked By Fucking Laser; Has the WORLD been better off than how it has been?

Swirly?

2010-12-27T17:12:00.000+08:00

Sea-River-gul?

2010-12-26T18:06:00.002+08:00

Gigit Dia!

2010-12-16T08:11:00.001+08:00

Magrib in Melbourne's Summer!!

2010-12-10T04:45:00.001+08:00

colours?

2010-11-02T15:20:00.001+08:00

Early Spring in Williamstown, Victoria.

2010-10-26T06:11:00.000+08:00

Royal Children Hospital, Melbourne

2010-10-08T05:28:00.002+08:00

It's construction progress is something sentimental to me.

The 1st day I started my life here in Melbourne, I passed by this construction site. Back then, they were still working on the basement levels.

Where r u going?

2010-09-17T06:47:00.002+08:00

warm muffin.....cold day...........

2010-06-22T07:34:00.000+08:00

Winter Bleak....

2010-06-21T12:59:00.000+08:00

Wiggly Lights?

2010-06-11T07:39:00.002+08:00

Girls & Jewellery?

2010-06-08T08:53:00.002+08:00

Girls Girls.....Girls...

Winter Warmth?

2010-06-05T15:35:00.002+08:00

Bridging the Gap?

2010-06-04T12:11:00.001+08:00

Me at 50?

2010-06-01T08:12:00.001+08:00

A week before Winter.....

2010-05-31T10:58:00.002+08:00

My Toddler's Masterpiece!!

2010-05-28T07:08:00.002+08:00

MIYA & ME!

2010-05-26T06:42:00.002+08:00

This is an oatmeal!!

2010-05-25T08:30:00.000+08:00

Believe me, it is...

Blinded?

2010-05-24T06:21:00.001+08:00

Flight Transit?

2010-05-21T07:45:00.001+08:00

Melbourne Chills....

2010-05-21T06:20:00.000+08:00

Construction Claims?

2010-05-12T08:10:00.001+08:00

If a cost have incurred and a claim is to be put forth, what we should plan out next is the claim strategy.

"Unless a variety of opinions are laid before us, we have no opportunity of selection, but are bound of necessity to adopt the particular view which may have been brought forward"

This is very much true indeed. We cannot claim unless we know on what options we do have. Claiming blindly and not knowing your entitlement may cause your claim to be chucked into the recycle bin.

Here are a few options we can put in mind in plotting our strategy. Commonly there are 3 types of claim for construction claims:

A Statutory Claim is only available where legislation has specifically provided the right to such a claim. In Malaysia, I believe a claim can be made only under the Contract Act. In the UK, they have the Contract Act, Unfair Contract Act and Security of Payment Act. And In Australia, there are only 3 that I can think of (know of):

A common law claim is a bit under the tricky lane, but here are some of the stuff I can think off after a few masters class at the Melbourne Uni Law School:

(click on the image to enlarge for reading)

Finally an Ex Gratia claim, more of a claim allowed due to kind gesture:

Putting forth a claim is more like being in a way (not a hostile one) and remember what Sun Tzu says:

"Know the enemy and know yourself; in a hundred battles you will never be in peril. When you are ignorant of the enemy, but know yourself, your chances of winning or losing are equal. If ignorant both of your enemy and yourself, you are certain in every battle to be in peril."

How to approach delay & concurrency?

2010-04-19T11:20:00.002+08:00

In doing a delay analysis, it is important to adopt the most suitable approach to concurrency.

Initially in dealing with concurrent delay and competing delay events, the common law have developed the Doctrine of Concurrent Delay. It is a branch of the contract law theory in which is being used to eliminate the delay damages. In the event where both parties had contributed to the delay of the contract completion, neither party can recover damages for the period of time when both parties were at fault.

For example in the situation where it happens to be that at the same time that the owner is delaying the project and the contractor is also experiencing a delay due the contractor’s own fault, then the two delays are said to be concurrent delays. Therefore, by the general rule of this doctrine, it is determined that a contractor is not entitled to an extension of time or extra compensation due to a delay resulting from the owner caused delay if there is an offsetting concurrent delay that was caused by the contractor.

However, in the current practice in the construction industry, concurrent delays disputes are not as simple as described. Due to the complexity of the industry and the long list of time related dispute resolution, the courts have developed many methods and among it are the famous four principal theories of approach in dealing with concurrent delays of different nature. The approaches are the Devlin approach, Dominant cause, Burden of proof, and Benefit from Ones Own Default[1], with each outline different merits to different situation of concurrency. Crucially, these approaches should also consider the delay effects on the entitlement to EOT and damages.

The first approach is described as the Devlin approach is a reference to a decision made by Mr. Justice Devlin in the case of Heskell v Continental Express Limited[2]. His Honour held that:

“If a breach of contract is one of two causes of a loss, both causes co-operating and both of approximately equal efficacy, the breach is sufficient to carry judgment for the loss.....”

An example to the application of this theory is at the event where two competing causes of delay, such as excessively adverse weather and late issue of instructions by the contract administrator which entitled a contractor to an EOT. In accordance with the Devlin approach, the contractor is entitled to extra time and loss and expense.

Conversely, this approach is obviously unworkable for some construction contract that is complex due to its technical nature. Moreover, the difficulty lies at the point in which it must be applied to both the claim of the contractor for loss and expense or damages and the counterclaim of the principal for liquidated damages. In those circumstances, one could have the absurd position that the contractor’s claim for direct loss and expense succeeded in relation to a period of delay and the principal’s claim for liquidated damages succeeded in respect of exactly the same period of delay.

The second approach in dealing with concurrent delay is by the application of the Dominant cause approach. In the event where there are two causes, one is of the contractual responsibility of the defendant and the other is of the contractual responsibility of the plaintiff, the plaintiff may succeed if he establishes that the cause for which the defendant is responsible is effective. This is the act of identifying the dominant cause. Which cause is the dominant cause is of a question of fact and is solved by mere point of order in time. In other words, this approach applies the common sense in resolving the concurrency dispute.

However, there have been cases where the Dominant cause approach has been rejected by the Courts. For example in the case of H Fairweather and Co Ltd v London Borough of Wandsworth[3], H Fairweather and Co Ltd were the main contractors for the erection of the 478 dwellings for the London Borough of Wandsworth, employing the JCT 1963 standard form of contract. Long delays had occurred and liability for those delays was in question. The matters were firstly referred to arbitration. In regards to the delays, the Architect had granted an extension of eighty-one weeks under conditions 23 (d) of the contract by reason of strikes and combination of workmen. The quantum of EOT was not challenged but Fairweather contended before the arbitrator that eighteen of those eighty-one days should be reallocated under the conditions 23 (e) or (f). For reasoning behind the contention was that only if there was such a reallocation could Fairweather ever recover direct loss and expense under the condition 11 (6) in respect of those weeks reallocated to condition 23 (e) or condition 24 (a) in respect of those weeks reallocated to the condition set out in 23 (f).

The arbitrator had found that there is no mechanism in the conditions for the allocation of an EOT on the different heads of claims, therefore the EOT must be granted in respect of the dominant reason. Therefore, the arbitrator held that the dominant cause of the delay was the strikes and combination of the workmen and accordingly, the Architect was correct in his decision in granting the EOT under the conditions set out in 23 (d). The arbitrator also held that the EOT does not entitled Fairweather to claim for direct loss and/or expense.

Nonetheless, the arbitrator’s award was the subject to an appeal. The judge in this case disagreed with the arbitrator’s award that the EOT should be treated by using the approach of the dominant cause of delay. His Honour said in his judgement:

“Dominant has a number of meanings: ‘Ruling, prevailing, most influential’. On the assumption that the conditions 23 is not solely concerned with the liquidated or ascertained damages but also triggers and conditions a right for a contractor to recover direct loss and expense where applicable under the condition 23 then an Architect and in his turn an Arbitrator has the task of allocating, when the facts require it, the extension of time to various heads. I do not consider that the dominant test is correct. But I have held earlier in this judgement that the assumption is false. I think the proper course here is to order that this part of the interim award should be remitted to Mr Alexander for his reconsideration and that Mr Alexander should within six months or such further period as the court may direct his interim award on this part.”

The decision in this case may had places doubts upon the Dominant cause theory, but it still holds its own merits. If this approach is being applied in a simplistic approach, it may be acceptable to adjust the contract period by ignoring the less dominant cause and to only consider the delay event that is relevant to the date of completion as stated in the contract. Accordingly, even though the Dominant cause is not a favourable approach to adopt, yet it may still be applied to time related disputes sensibly.

The third method in dealing with concurrent delay is through the Burden of Proof approach. The term burden of proof is often related with the Latin maxim “semper necessitas probandi incumbit ei qui agit”, in which is best translated to English as "the necessity of proof always lies with the person who lays charges." For any construction claim, this approach is the best to fairly and reasonably substantiate ones’ claim. The burden of proof tends to lie with party who is arguing against received wisdom, but does not always, as sometimes the consequences of accepting a statement or the ease of gathering evidence in its defence might alter the burden of proof its proponents shoulder.

In the event of when part of the damages is shown to be due to breach of contract by the Claimant, the claimant must demonstrate how much damages is caused by his breach of contract, failing which he may recover nominal damages only. So, if the delays were caused by the activities in making good of defects to the works which happens along the same time when the principal had contributed to another delay event. The methodology here would be to most suitable to be dealing with the time allowance more than the allocation of cost recovered from the EOT given.

In this present time, most standard form of contract for construction works have learned to incorporate this element into their delay and extension of time provisions. Commonly, it may be found that the contractor is to submit a delay notice to the contract administrator of the probability for late completion to the works. Along with that, the contractor must satisfy the standard requirement set-out in the contract along with the evidence which had caused the delay. With this, the contract administrator may do a delay analysis, decide on the concurrency and the usage of float, and finally grant an EOT for any excusable delay.

The last method is through the approach of Benefit from Ones Own Default. According to the United Kingdom (“UK”) methods, if a neutral and the principal’s caused delay had overlapped, the delay shall be treated as the responsibility of the principal. Consequentially, the contractor is then entitled to EOT and reimbursement of additional cost. In the event where there is a neutral cause, the principal’s cause and the contractor’s cause, the contractor is entitled for EOT for any excusable delays only and no cost should be awarded. Applying common sense, fairness and reasonableness may be the objective firstly intended for this approach. Such approach is also being enhanced through the “Peak Principle” from the case of Peak Construction (Liverpool) v McKinney Foundations[4] . On the general principle, if the construction contract complies with its procedural obligations and allows for the principal to benefit from its own breach, it would mean that time was put at large. With the contractor unable to obtain an EOT, it is also sensible for the principal to be denied the possibility of claiming liquidated damages.

Nonetheless, not all standard form of contracts adopts this method that one should not benefit from its own default. The Courts in the United States of America (“US”) have addressed this problem and applied the legal maxim that a party cannot benefit from its own errors. A principal who deducts liquidated damages during an overrun period when the delay is being caused by both late issue of information and making good of defective works activity may concurrently fall into this category. Therefore, in these events the US Courts had made a rule that a principal is not entitled to deduct liquidated damages and for the same reason, the contractor is also not allowed to claim for additional cost due to the delay.

In concluding this section of the paper, it is fairly understood that there are no firm and fast rule that governs situation in dealing with concurrent delays. Through the modern delay analysis techniques and the application of the earlier discussed methods of approach that is suitable for any such situation, disputes in relevance to EOT and cost may be dealt with reasonableness and common sense.

[1] Keating on Building, 6^th ed.

[2] (1950) 1 All England 1033

[3] (1987) 39 BLR 106.

[4] (1971) 1 BLR 111 CA

Construction Concurrent Delays?

2010-04-15T06:40:00.004+08:00

Many disputes on delay boil down to issues of concurrent delay. Then, concurrent delays commonly give rise to the question on who owns the float and establishing whether a contractor is entitled to an EOT inevitably causes difficulty.

A large number of cases have dealt with this problem, but none clearly gives guidance of universal application. In the case may be, there are times that parties do not clearly understood on what concurrent delays are due to the reason that the term has been widely used, yet it is still often misunderstood. While most project participants toss the term concurrent delay about freely, it is rare that any two individuals can agree on what it actually means. The lack of consistency is characteristic of the systemic confusion within our industry.

From the Protocol, it has been made known that the SCL has partially recognized such problem in defining the terms and conditions to concurrency. Therefore, the Protocol had stated that concurrency is a contentious issue both because there are differing views on the correct approach to concurrency when analysing entitlement to EOT and because there are differences about the meaning of concurrency itself. Furthermore, the Protocol also promotes the thought that in the event where contractor delay has caused the delay to the completion date occurs concurrently with principal’s delay; the contractor’s concurrent delay should not reduce any EOT due. Such rights and liability do also apply to a reverse situation.

As the subject of delay analysis becomes more sophisticated, judges and arbitrators may begin to consider these distinctions and provide clearer guidance on the issue of the concurrent effect of several competing causative events.

There have been cases that have dealt with concurrency and apportionment of delay. Some may have gone as far as the 1800s, such as in the case of Weeks v. Little[1]. Weeks, a decision made by the New York Court of Appeals had looked at contractor and owner caused delays and affirmed the trial court’s finding that the contractor caused delays did not delay the overall completion of the contract. The Court noted that:

“the contractor could gain nothing by haste and pressure in one direction so long as entire completion was delayed by his principals.” The decision in Weeks illustrates that the contractor’s delay was not a concurrent source of delay because the contractor delays were not “critical,” to use current schedule lexicon.”

Here, the issue in dispute is only whether there is a concurrent delay that had involved a detailed study of the cause of the delay, the contractor’s resources, and its ability to get the work done within the contracted period. If such dispute had occurred on our present time, a different question might have been brought forth. Due to the lack of definition relating to the term “concurrent” delay, it may be argued that concurrent delay will only occur when two or more delays are running simultaneously. These delays can be principal-caused delays, contractor-caused delays or a combination of both. The important point is that concurrent delays run simultaneously, irrespective of who caused them. Concurrent delay can also occur where the effects of several causative events occurring at different times.

Culpable delay is also another delay factor that should be taken into consideration in understanding the definition of concurrent delay. This is a “factoring” in any delay for which the contractor is responsible, even where the effect of the culpable delay is running concurrently with a principal caused delay. It is arguable and even likely that consideration of culpable delay will be case and/or contract specific. These are the important point in which parties must consider in each delay of whether the causative event and the effect of the event should be considered together or separately. Such distinction between cause and effect is of increasing importance in delay analysis of the present time.

In understanding the common law approach in defining concurrent delay, the paper will now discuss a few landmark cases that have dealt with concurrent delay.

In the case of Balfour Beatty Building Ltd v Chestermount Properties Ltd[2], the court had accepted that a contractor is entitled to an EOT to the completion date for an principal caused delay occurring after the date by which the contractor ought to have properly achieved the completion of the works. Therefore, the contractor is entitled to an EOT to the completion date for principal caused delays notwithstanding any concurrent contractor caused delay. The completion date is to be the total number working days in which the contractor ought fairly and reasonably to have completed the works allowing for the principal’s event starting from the date of possession/commencement.

An example to the practical effect to this decision is if the work was to be completed in week 52 and a variation is issued in week 59, the extension of time for the variation is to start from week 52, not week 59.

Another landmark case commonly cited is the case of Henry Boot Construction (UK) Limited v Malmaison Hotel (Manchester) Ltd[3]. Here, the contractor is entitled to an EOT to the completion date for principal caused delays notwithstanding any concurrent contractor caused delay and such principle was already agreed by the parties prior to the commencement of proceedings. Notwithstanding this pre-agreed position of the parties, the court said that the Architect, the contract administrator of the Contract, was entitled to consider the effect on the completion date of any contractor caused delays. This is arguably a contradiction of the pre-agreed position of the parties.

This case should therefore be treated with caution in the context of concurrent delay due to the effect on the decision of the pre-agreement of the parties and the arguably circular argument relating to the exercise of the architects opinion. The Judge in this case had qualified his decision due to the consequence of the principal caused delay. Therefore, it is not sensible for one to benefit from own’s breach, the contractor was only entitled to an EOT for causes of delay that were the principal’s responsibility and which delayed the project as a whole.

Differing from the Henry Boots case, in the case of Motherwell Bridge Construction Ltd v Micafil Vakuumtechnik[4] the Judge stated that in assessing EOT involving issues of concurrency, it is necessary to apply a test of common sense and fairness. The Judge had considered that a full EOT should be awarded where there is concurrent contractor caused and principal caused delay, if it is fair and reasonable to do so.

Therefore, it is important to note that when a contract administrator or even an arbitrator assesses the extent of which the EOT to be granted, he is under a duty to consider the principles of concurrent delays should the delays be caused by both the principal and the contractor.

This duty is recognised in many courts and among it is the Malaysian case of Gasing Heights Sdn Bhd v Pilecon Building Construction Sdn Bhd[5] where the applicant engaged a contractor to carry out works under the PAM form of building contract (a standard form of contract by the Malaysian Architect Association). Disputes arose between the parties whereupon arbitration proceedings commenced.

The arbitrator, in arriving at his award, failed to assess the extension of time in accordance with the principles of concurrent delays and overlapping works. The arbitrator’s award favoured the contractor as the arbitrator had failed to consider the delays caused by the contractors own acts. As such, the applicant brought an action to set aside the arbitrator’s award.

The High Court held that the arbitrator’s methodology in such assessment was wrong in law. Since the arbitrator did not assess the extension of time in accordance with the principles of concurrent delays, that there was an error on the face of the arbitrator’s award. It seems clear from this case that where parties refer their disputes on extension of time to an arbitrator, unless the arbitrator has the pre-requisite expertise and skill to properly.

From the illustration given, notwithstanding the introduction of the SCL Protocol, it has been identified that there is a lack of consistency in the definition of “concurrent” delay. The result is an even greater inconsistency in a case such as the principal alleges that there was a concurrent contractor caused delay, the owner needs to show that the contractor would not have been able to meet the original schedule if there was no principal caused delay. If the principal has established a concurrent delay, the question then turns to how much of the overall delay is the contractor’s responsibility. Therefore it is also important to note that every contract and factual situation is different, so each party’s obligations are determined on a contract-by-contract basis.

[1] (1882) 89 N.Y. 566

[2] (1993) 62 BLR 12

[3] (1999) CILL 1572

[4] (2000) TCC

[5] (2000) 1 MLJ 621

EOT & Construction Programme Float?

2010-04-14T11:49:00.002+08:00

There is a saying that “Cash is King and Time is God” and thought the application of such saying to the construction contract, it is fairly understood that money governs the contract and time is something of high significance to the parties of the contract.

Argument relating to Extension of Time (“EOT”), ownership of float and associated compensation are extremely common in the construction industry which may had lead to numerous disputes that requires the resolution through litigation or any alternative dispute resolution.

Undercurrent scheduling practices, total float time is considered “free” anddoes not belong exclusively to any specific party in theconstruction process; rather, it belongs to the project and canbe used by both owners and contractors to mitigate thepotentially negative impact of delays. Utilization of float is, hence,on a “first-come, first-served” basis.

However, usually poorly worded or much amended EOT clauses and uncertainties for causes related to concurrent delays and ownership of floats may have caused the problems. The longer a dispute awaits resolution on a construction project, the more risk the parties run that the dispute will delay completion, add to project cost, and “chill the relationships” among the parties to the dispute. These are the much disfavoured situation, preferable avoided by many parties.

Float allows a work programme manager the ability to reschedule resources and work, yet not delay the project so long as the float is not consumed. Because of this flexibility associated with float, the question of whether the owner, contractor, or the project “owns” float and is entitled to use it remains a significant issue, particularly in the context of multiple delays that exceed total float.

According to the Protocol, float is the amount of time by which an activity or group of activities that may be shifted in time without causing delay to a contract completion date[1]. The Protocol also defined the float as a positive float and not a negative float.

A Positive float refers to an excess time slot available with an activity in a project schedule such that the activity can be delayed by that excess time period without delaying the completion of the project as planned in the project schedule. Therefore, an activity with a positive float is non-critical activity and not on the critical path assigned for the project.

Conversely to the Positive float, the Negative float refers to the unavailability of the excess time period for an activity. Consequentially that activity must have to start before their predecessor activities complete in order to meet a target finish date in a project schedule else the project is bound to be delayed. The Negative Float results when the time difference between the late dates and the early dates (start or finish) of an activity is negative.

The definition of a float in simple terms has been outlines in the Protocol. However, to understand the nature and characteristic of floats, one must obtain a perspective through the method and usage of a project programme.

In project programme, float is the amount of time that a task in a project network can be delayed without causing a delay to succeeding tasks (“free float”)and/or to the project completion date (“total float”). In some project programmes floats are also known as slacks. Float in simple terms is the period between scheduled early finish and the late finish of an activity in the Critical Path Method (“CPM”) schedule[2]

When an activity in the construction project has a total float equal to zero days on the programme, it is being known to be a critical activity. This means that a delay in the finishing of this activity will cause the entire project to be delayed by the equivalent amount of time. A critical activity typically has free float equal to zero, but an activity that has zero free float may not be on the critical path.

The allocation of float time had often been a source of controversy in disputes involving delays, suspensions, and change order. Analysing delays on a construction project is not an easy task. Assigning responsibility for such delays involves extensive analysis. An aspect of this analysis may involve the presence and consideration of so-called concurrent delays.

However, a common controversial situation on the use of float occurs when the contractor has planned the works and is able to or intended to finish early before the specified completion date in contract. The principal may feel that since the contract provides for the owner to make variations to the works through the issuance of variation orders, it allows him to use any available time, which is the float, during the contract performance period. This will then require the contractor to amend the programme to allow for these changes consequentially up to the completion date.

It has been found that no boards or courts have uniformly dealt with this issue, however the trend is still sided to the contractor’s right to finish early. With the contractor finishing early, it may save on time-related expenditures. This also allows for the contractor to generate their contract income faster. Nonetheless, such situation may only happen without causing any dispute between the parties if the contract does provide for early completion. The existence of such clause in any construction contract will allow for an entitlement for the contractor to put forth any claim for damages against the principal in the event of if the principal have had interrupted the contractor from reaching the early completion.[3]

Unless otherwise stated in the contract, where there is remaining float in the programme at the time of a principal’s Risk Event, an EOT should only be granted to the extent that the principal’s Delay is predicted to reduce to below zero the total float on the activity paths affected by the principal’s delay.[4]

If as a result of a principal’s delay, the contractor is prevented from completing the works before the contract completion date, the contractor should, by the principles set out in the Protocol, be entitled to be paid the costs directly caused by the principal delay, notwithstanding that there is no delay to the contract completion date. In such event, usually no entitlement for EOT is granted and such costs were already in the contemplation of the parties when they entered into the contract.

Therefore, here it may be safe to presume that it is important for a contract to provide for a clear definition to the float and further provide a guide to the usage of float in relevance to any intention for early completion by the contractor. Furthermore, accurate identification of the float and concurrency is only possible with the benefit of a proper programme which has also been properly maintained and updated in accordance with the progress of the works.

[1] SCL Delay and Disruption Protocol (2002).

[2] Paul Levin, Construction Contract Claims, Changes & Dispute Resolution (1998)

[3] Robert A. Rubin, Virginia Fairweather, Sammie D. Guy, Construction Claims: Prevention & Resolution (1999)

[4] SCL Delay and Disruption Protocol (2002) page 6.

Sharing is Caring-this is a portion of research paper I wrote for my Master of Construction Law in 2009.

green not with envy

2010-03-26T06:01:00.001+08:00

finally getting the hang of my P&S camera...

Arwah; Haroun, Harima & Harris

2010-03-24T12:25:00.003+08:00

Some old pics I found

2010-03-24T12:23:00.000+08:00

Philip Island-Nobbies

2010-02-25T09:32:00.004+08:00

Nature & Me

2010-02-16T10:24:00.001+08:00

Something Fresh?

2010-02-16T10:20:00.000+08:00

Melbourne Central....Olde....

2010-02-08T13:02:00.001+08:00

sleek hop

2010-01-08T09:18:00.001+08:00

Mt Gambier

2009-12-30T14:14:00.002+08:00

Forest Flora....

2009-12-30T09:02:00.002+08:00

Lavender smelling goooood (from our adelaide roadtrip)

2009-12-29T14:58:00.004+08:00

What I saw on the way to Great Ocean Road?

2009-12-29T08:31:00.001+08:00

What I can do without DSLR?

2009-12-28T18:08:00.002+08:00

life....

2009-12-23T14:21:00.001+08:00

Most people are about as happy as they make up their minds to be.

Our 4th Year!!

2009-11-19T06:35:00.002+08:00

Love?

2009-10-28T07:11:00.001+08:00

Since last night I've been haunted by this one thought. We mothers have been doing our best in trying to bring up our children in this big world. We try to give the best affection, attention, clothing, food, education and etc. We would even trade our life for the safety of our offspring. Correct?

So, what if... our parents is a fugitive from the law. Our mother is a wanted woman accused of murder or stealing. Our father is being labeled as a war criminal or a spy from an enemy country....and they are now in hiding......and only we know where they are. Deep in you, you know that your parents are not capable of these crimes and if they did do it, they must have a real good reason behind it.

The law enforcer knows that we have such information, but they have no hard evidence to get us to spit out such info.

Then what if, one fine morning. The police come banging on your door with a warrant saying that you have committed a certain crime, say they there is a firm evidence that proves that you are a drug lord.... truthfully, everyone knows that it is a ridiculous.

However, (like in those hollywood interrogation scene) you were being beaten the crap out of u and then given the choice; to plead guilty to a life sentence or to give the location of your parents.

What would you do?

Now remember of what I wrote earlier about how much we would do, in order to make sure our children is safe from the cruel world....and now do you think that our parents did do the same thing for us when we were just a wee tiny creature on this earth.

And again my question...what would you do?

Loss of Innocence?

2009-10-06T06:29:00.003+08:00

The Athenians had a well developed social construct of what children were and how they differ from the adults and the old people. Parents at that age believed that their children are pure, clean, unformed and gullible.

However like any other parents ever existed in this world, they also belived that children are like plastic and shapable.

Children being shaped into the parents' ideal picture of the perfect adult... and little by little the child losses their innocence.....

I have been through it...and will I be doing the same to my child?

Only fate knows.....

Ambitious?

2009-10-01T13:12:00.002+08:00

I'm gonna find my way to the sun
when i destroy myself
i can shine on!!! Shine!!

I saw......

2009-09-30T03:44:00.002+08:00

ALESHA DIXON - HD - The Boy Does Nothing

2009-09-16T17:24:00.001+08:00

Contractual Issues that covers everything under the Sun-Kane v Sopov

2009-09-02T07:31:00.002+08:00

This is a decision held by Supreme Court of Victoria, Building Cases Lists under the Commercial and Equity Division on 26^th July 2005. The dispute was being brought forth before Warren CJ.

Factual Background

Sopov is the owner of the project known as “the boiler house, where Kane entered the tender to the construction works of the project and succeeded. They gain the possession of site and started the works on 31^st May 1999. It was only 3months later, on 20^th August 1999 the parties enter into a written building contract (the Contract).

The works under the contract were to be completed in 130days. However the works suffered series of delays and on 18^th September 2000 Kane suspended the works because Sopov had failed to make two progress payments on the progress claims.

Following the event, Sopov had responded with a show cause notice stating that Kane had no right to suspend the works and it is improper of Kane to delay the works. On 2^nd October 2000, Sopov had threatened Kane by wanting to call up the bank guarantee.

Kane complained of a number of matters and submitted that Sopov was in fundamental breach of its obligations, which was regarded as repudiation and the Contract is then terminated.

Sopov found that the progress of works were only at 70 percent complete, while Kane did previously claimed that it was at 90 percent complete. Sopov resumed the progress of the works for the project by appointing another contractor. In addition to that, some rectification works were required to be carried out to some of the works which was earlier completed by Kane.

Kane made a veriaty of claims against Sopov that have resulted to this legal proceedings.

Salient Issues

From Kane’s claims and general observation made, four salient issues have been identified. They are as listed below:

· Issues related to the duty and independency of the Superintendent

Kane contended that the Superintendent had breached the requirement under clause 23 of the contract by the failure to resolves discrepancies in the contract drawings, refused to grant Extension of Time (EOT), did not respond within the prescribed time, impede Kane’s progress of works and was not independent. Kane claimed that the Superintendent did not act “fair and just”.

· Kane’s rights to claims for Quantum Meruit

Kane claimed on the basis of quantum meruit for all expenditure incurred inclusive of 10 percent margin with the less of the amount already paid by Sopov . This claim is due to the termination of the project.

· EOT entitlement claims

Kane made eighteen EOT claims totalling to approximately of 180days of EOT. The basis of the claims was due to various events and Kane warrant that the date for practical completion is entitled to EOT.

· Application of the Domestic Contracts Building Act 1995

Sopov attempt to apply to some provisions under the Act in order to put forth his rights during the trial.

Findings

· The Superintendent

Warren CJ considered the provision of the contract on the expression “honestly and fairly” and followed the principles in the judgement of Perini Corporation v Commonwealth of Australia [1969] 2 NSWLR 530 where in the case of superintendent is acting “honestly and fairly” is when the named person is honest, just, competent and conduct himself in a reasonable manner.

The court accepted Kane’s argument for the following reasons:

- The “undesirably close” relationship of the Superintendent and Sopov.

- There was evidence that the Superintendent was prepared to discuss with Sopov for omission of Kane’s scope of work under the Contract.

- The Superintendent failure to determine the EOT application within the time provided under the Contract.

- The Superintendent admitted that he was avoiding making decisions.

- The Superintendent dual duty as the superintendent of the project and also the certifier for the financier of the project.

The court considered that the Superintendent had breached his duty under the contract to act competently, independently and fairly, due to its relationship with Sopov. The Superintendent may also have been interrupted in performing its duty due to Sopov’s interference.

· The Quantum Meruit

Warren CJ refered to the cases of Brooks Robinson Pty Ltd v Rothfield [1951] VLR 405 and Pavey & Matthews Pty Ltd v Paul [1987] 162 CLR 221 where the courts held that an innocent party of a repudiated contract may elect for restitutionary remedies.

Kane’s quantum meruit claim was successful, but the amount was to be only of the works actually done. Kane’s claim for the 10 percent margin was rejected because it differs from the quantum meruit principles, where the innocent party can only recover the fair and reasonable value of the works completed.

· EOT entitlement claims

Warren CJ adopted the approach take by a UK Court of Appeal case of McAlpine Humberoak Ltd v McDermott International Inc (No 1) [1992] 58 BLR 1, where the court considered a general rule in accessing delay and EOT would require an actual analysis of facts.

The court found that the resolution to this dispute would require the claiming party to provide a complex and factual substantiation to the claim. Kane carries the burden of proof in establishing the cause and effect of the delay events to the project.

From the court’s analysis, Kane was allowed to a total of 56days only of EOT.

· Domestic Contracts Building Act 1995

The court held that the provisions under the Act were not applicable to Sopov because the Act was not intended to be applied for project of such nature.

-this is my version of the case summary. do add a comment if you have additional perspective.

Windy..(hangin satu badan)

2009-07-25T05:37:00.004+08:00

In need of DSLR?

President Obama Speaks to the Muslim World

2009-06-06T05:21:00.001+08:00

Construction Law-EOT & Peak Principle?

2009-06-03T13:51:00.000+08:00

The Prevention principles was first derived from the case Peak Construction (Liverpool) Ltd v McKinney Foundations Ltd (1970) 1 BLR 111 (“Peak case”) based on the law maxim that no man shall take advantage of his own wrong. As it being applied to issues regarding time in a contract, it can be understood that a principal who have caused delay to the contractor’s progress of work can no longer expects that the contractor will comply with the contractual date for completion.

Furthermore the principal has also lost the rights in recovering liquidated damages (“LD”), if the contractor fails to complete the work within the contract period. However, since the contractor is not bound to complete the works by the contractual date for completion, it would also mean time is set ‘at large’. Since LD is no longer applicable, this will only leave the principal with the right to claim for general damages at law for any unreasonable delay as considered by court. This is only a simple logical law to ensure fairness in the principal’s and contractor’s relationship.

However not all preventions by the principal will automatically cause time ‘at large’. After the prevention principle have been widely known by the people in the industry, most construction contracts have been drafted to allow for provisions that deals with delay caused by the principal. In addition to that, the contractor has been provided with a remedy in the case of principal’s delay. Usually the contract provides that the contractor may apply for extension of time (“EOT”) when a delay has happened that has been caused by the principal. The contract administrator shall then evaluate the application and then grant reasonable EOT within the limit of his/her duty. In addition to the provision, some contracts have been drafted to have a condition precedent to the entitlement of EOT evaluation. The provisions are protecting the principal against sudden claim of time being set ‘at large’. So if the contractor fails to apply for EOT, such act could imply that there is no requirement for EOT and the works can be completed on time.

The judicial backing to this opinion have been dealt with in two cases; Turner Corporation Ltd v Coordinated Industries Pty Ltd (1994) 11 BCL 202 and Turner Corporation Ltd v Austotel Pty Ltd (1994) 13 BCL 378 (“Turner Corp. Cases”), where the court ruled that in the presence of EOT provisions in the contract its has already cover the act of prevention along with the mechanism for determining the EOT. With that, a party to the contract cannot rely upon the prevention principle since there is a contractual rights already provided under the contract.

Therefore, the prevention principle is logical, but contracts should be drafted based on this principle and not against it. As an example, in the case of Peninsula Balmain Pty Ltd v Abigroup Contractors Pty Ltd (2000) 18 BCL 322 (“Peninsula Balmain”), the project adopted the Australian Standard form of contract named AS 2124-1992 with amendments. The contract provided that when it becomes evident that the completion date will be delayed due to the principal’s prevention , the contractor may submit an EOT claim within 28days from the day of the delay event. However, the contract did also provide that the superintendent have the right to extend time with or without the contractor’s entitlement to EOT. With such power, the contract also requires for the superintendent to act honestly and fairly to respond to the EOT claim. In Peninsula Balmain, the superintendent had breached his duty where he has failed to measure the reasonable EOT to the contractor under his obligation to act honestly and fairly, even though the contractor did not comply with the condition precedent. The duty for the superintendent to act honestly and fairly, should comply with the prevention principle, if required. If the superintendent has been made to have known that there is a delay due to the act of prevention by the principal, he should grant an EOT for the contractor to complete the works within the specified reasonable time.

The case of Hervey Bay (JV) Pty Ltd v Civil Mining and Constructions Pty Ltd [2008] QSC 058 (“Hervey Bay”) agrees with the rule set out in Peninsula Balmain. Such rule gives a new breath to the old prevention principle. According to the old principle, if it is a condition precedent and the contractor have failed to submit a delay notice and claim for EOT, it can be implied that it is the contractor’s own failure to avail itself of the remedy. However the new additional rule to the prevention principle as set out in Peninsula Balmain and Hervey Bay, confirms that in the absence of certain amendments to the standard form of AS2124, the superintendent is required to implement his power to grant an extension of time, honestly and impartially and for the benefit of either the contractor or the principal. For this reason, Peninsula Balmain remains as a good law even though it has been heavily criticize.
It is agreeable that the prevention principle represents a logical and suitable body of law to regulate delay events and rights of parties. However, the contract should be made to compliment it and not exclude it or exempt employer from getting away with his own slip.
From the many cases discussed here, it has been identified that EOT provisions are crucial for construction contracts in setting out the party's obligations, performance, and entitlement to LD in ensuring that the right to LD is not lost due to the prevention principle. Moreover, the superintendent’s discretion to grant EOT without the contractor’s entitlement should be regulated by a better provision under the contract. Conveniently it should create certainty for the parties of the contract to deal with EOT and LD.

Allternative Dispute Resolution..next best thing after litigation?

2009-05-29T09:34:00.002+08:00

Different type of dispute may require different type of avoidance, management and resolution method. The already existing alternative dispute avoidance and dispute resolution methods are dispute avoidance procedures such as ‘Dispute Review Boards’ (“DRBs”), ‘Dispute Adjudication Board (“DAB”) and ‘Dispute Resolution Adviser’ (“DRA”) and alternative dispute resolution methods include Expert Determination, Negotiation, Mediation and Arbitration.

In comparison of the DRBs, DAB and DRA to litigation, these disputes avoidance procedures are cheaper and cost lesser time than litigation. However, not all of the decisions from these methods are final and binding. DRBs only has a non-binding recommendation and methods such as DAB and DRA may produce a final and binding decision with room for it to be challenged through litigation or arbitration within a period specified. Never the less these methods are great only in trying to avoid from major disputes from taking place. They can be a good tool to avoid litigation proceedings but not as an alternative method to litigation.

As for dispute resolution through the method of expert determination, it is an appropriate method to be adopted when technical issue has arisen and requires an expert’s opinion. Usually it is not related to legal matters and litigation is not necessarily required. Moreover, the method can give a fast result, but the determination is not final and binding unless the parties have agreed to it. If the parties fail to reach an agreement, then they will have to seek resolution through arbitration or litigation.

A different approach to dispute resolution, yet have long been established in the business world, negotiation is a method where the parties communicate to seek resolution on the dispute matter. If the parties are open to compromise on the issues, it is a cost efficient method for clarification and resolving misunderstanding. The result from the negotiation is also easily enforceable and binding if the parties have made the agreement in a form of contract or deed. However since negotiation is about the power of persuasion, this method does have a weakness where the result of the negotiation result may be one-sided to the stronger party. If the weaker party feels that the result is unfair, they can choose to proceed with litigation (on the absence of mediation or arbitration provision in the existing contract).

Mediation is also a familiar method of alternative dispute resolution recognize in the industry. It is now a common method to be pursued prior to arbitration or litigation. Mediation is similar to arbitration where a neutral person is being elected as a regulator or facilitator in a proceeding to help the parties to achieve an agreement to a solution to the issue in dispute. Moreover alike to negotiation and expert determination, the result from mediation is only enforceable if a contract or deed has been made. Besides, if conducted well it will not jeopardize the working relationship between parties and even further create a better understanding between parties. However, since the objective of mediation is to reach settlement, it might take longer time and would increase the proceeding cost too. In this kind of situation, it is better for the parties to opt for arbitration or litigation.

Finally, among the most recognized method for alternative dispute resolution in the industry, arbitration is usually the next best method if the parties fail to seek resolution through mediation or negotiation. It is a dispute resolution method where a single or multiple independent arbitrator/s mutually elected by the parties in private proceedings. The arbitrator elected is usually an expert in the fields that is in dispute. With this, the arbitrator can make the best decision within his jurisdiction, especially if it is a technical dispute that the parties are facing. In these private proceedings, the parties are free to determine the scope, nature and rules. At a glance, it can be seen a less formal proceeding that can achieve the same result as litigation proceedings. Yet, arbitration method could be much faster than litigation and since it is faster, more cost can be saved too. Furthermore the arbitration award is final and binding and easily enforceable domestically and internationally. This would be a good alternative to litigation if the parties in disputes are in an international construction and trading contract.

From these comparisons, it can be distinguished that the most suitable method as an alternative to litigation is arbitration. Litigation is a rigid legal proceeding in court or tribunal with the most formal resolution method that is expensive and has potential for long delays, while arbitration is faster and cost efficient proceeding in a friendlier environment. Both proceedings can achieve a final and binding result, but arbitration might achieve a better result if the issue in dispute is a technical issue and not a legal issue.

--this is what I answered in one of my exam. i scored 15 of 25..not bad, but i know next time i can do better..correto mundo!

My 1st Autumn Pics

2009-05-17T11:19:00.003+08:00

My 1st attempt to write legal argument (with comment from my lecturer)

2009-05-15T13:35:00.002+08:00

INTRODUCTION

From the factual background given, it is identified that the subject in question is that if Ali owes a duty of care to Carlos by letting him drink to an intoxicated point and letting him enter into agreement to let intoxicated Bianca drive him back home making Ali liable for the damages of the injury suffered by Carlos from the collision due to Bianca’s irresponsible driving under the influence of alcohol.

ALI’S DUTY OF CARE TO CARLOS

Ali is the host of the party that supplied a bath filled with beers to the guests, inviting them to drink while enjoying their time there, in which had opened the opportunity for Bianca and Carlos to drink to a heavily intoxicated state and later on putting themselves in danger.

In the case of Johns v Cosgrove & Ors (1997) MVR 110, the court referred to a certain authorities established in Australia, England and Canada supporting the principle that there is responsibility of the alcoholic drink provider to the person who have consumed it and is heavily intoxicated in result of the consumption to ensure that he/she is not exposed to any foreseeable danger.

In the case, Derrington J ruled:

It is not negligence merely to serve a person with liquor to the point of intoxication; but it is so if because of the circumstances it is reasonable foreseeable that to do so would cause danger to the intoxicated party, such as, for example where the intoxication is so gross as to cause incapacity for reasonable self-preservation when it is or should be known that he or she may move into dangerous circumstances, and where no action is taken to avert this.
Ali was aware that Carlos was in such state and was in reality putting him in potential danger by accepting to be driven home by another person who is under the influence of alcohol.

Therefore Ali does owe Carlos a duty of care during his intoxicated state at and after her party.

ALI’S BREACH OF SUCH DUTY

Since it has been established that Ali does owe a duty of care to Carlos, it is now important to identify if there is any breach of such duty.

From the hypothetical, it is evident that Ali was aware of the agreement made by both of the intoxicated persons, in which they are not in proper state of mind to make a sound judgement. Driving under the influence of alcohol obviously would expose the driver and any of the passengers to a foreseeable danger. With Bianca also being known by Ali as a person with ghastly drinking habits and severe intoxication problem; it places a greater weight to the foreseeable danger ahead for both the driver and the passenger.

Ali’s decision in not objecting or do anything to stop Bianca from driving Carlos home, implies that Ali enabled Bianca to drive in a drunken state which resulted in the accident that injured Carlos. Ali had exposed both Bianca and Carlos to danger, consequentially breached her duty of care.

THE DAMAGES

As a result of Ali’s breach, she had become liable to the damages suffered by Carlos.
However, Ali is not the only person who should be held liable to the damages. Carlos had accepted the beer provided by Ali and became drunk although knowing that later he has to get himself home. In a way he should have foreseen the danger that he might have put himself in if he’s intoxicated at the party.
In the case, the judge referred to the cases Kilminster v Rule (1983) 32 SASR 39; McPherson v Whitfield [1996] 1 Qd R 474. The judge agreed to the rule that if the plaintiff had deliberately become intoxicated, he shall be liable to the damages because he is also at fault into putting himself into any potential danger.

CONCLUSION

From the analysis, it is evident that Ali is at negligence by breaching her duty of care to Carlos during his intoxicated state by letting him become the passenger of the drunken Bianca. However, Carlos is also at fault by being deliberately intoxicated at Ali’s party foreseeing the fact that he might also put himself in danger. Therefore both parties are liable to the damages.

MY LECTURER'S COMMENT

This is a good attempt. Your response is well structured and argued. Your classification of issues however is casery and you have not spotted the main issues raised by the question.

MY COMMENT ON THE COMMENT

okie dokie... Now I know.

YOUR COMMENTS?

Having my 1st exam now, this song just kinda soothing during war time..

2009-05-03T08:19:00.001+08:00

Hiatus? Just trying...

2009-04-18T12:27:00.004+08:00

I can't really remember on when was the last time I properly wrote something here. I was so into writing on boobiesmommies101.blogspot.com, and I am officially an obsessed mom.

Yes, I could be that lion queen..always protecting her cub. I could even be the great queen of egypt, who would do anything to make sure that her child will be crowned as the ruler of roman.

Yup, that's how passionate I am about this new role that I'm holding on to. Almost a year ago, I gave birth to this little creature...an offspring of my own. Each day, I keep on wanting to improve our life. Just to make a better future for my progeny.

I worked hard, I quit that job, we migrated, I'm pursuing Masters in Construction Law, I'm trying to write an award winning research paper, I'm trying to get a better job, I'm trying to obtain more knowledge in parenting, I'm trying....

Top Gear Bugatti Veyron Lap Time

2008-11-25T10:49:00.001+08:00

Cool Poem- Bittersweet

2008-11-21T18:04:00.001+08:00

I want to be supermom too, with having weird kids around me..

2008-11-19T16:35:00.000+08:00

Brad Pitt recently revealed to Oprah that his 2-year-old daughter, Shiloh, has developed a small quirk - wanting to be called John instead of Shiloh!

“She only wants to be called John. John or Peter. So it’s a Peter Pan thing,” he says. “So we’ve got to call her John. ‘Shi, do you want …’ – ‘John. I’m John.’ And then I’ll say, ‘John, would you like some orange juice?’ And she goes, ‘No!’ So, you know, it’s just that kind of stuff that’s cute to parents, and it’s probably really obnoxious to other people.”

Brad also shared that juggling six kids requires careful planning and definitely seems to eliminate any hope of any quick outing,

“We don’t go to the mall. It’s like a half-an-hour just to get everyone buckled in and make sure they’ve got their snacks, and Z.Z. [Zahara, 3 1/2] has got a blanket and Shiloh’s got her silky,” he says.

Luckily, partner Angelina is “militant about it. She’s right on top of it. Thank God, because I’m always forgetting something.”

Brad also added that his kids are “the funniest people I’ve ever met. And you know it really tells you — it’s a great mirror for yourself. It really tells you a lot about yourself and who you are and how you react to things,” he goes on. “They make me better. They make me a better person as a father.”

The Oprah interview airs tomorrow, and The Curious Case of Benjamin Button is out Christmas day. In addition to Shiloh and Zahara, Brad is dad to Maddox, 7, Pax, 5 this month, and 4-month-old twins Knox and Vivienne.

truthfully, i teringin sgt nak ade anak ramai..maybe 5 biological & the rest nak amil anak angkat(nak cari anak org susah, with or without parent)...and i want to breastfeed them all..

Queen of the Damned - Forsaken 2

2008-11-07T17:50:00.001+08:00

take my hand now..be ALIVE!!

Queen of The Damned - Forsaken

2008-11-07T17:48:00.001+08:00

something sexy for friday evening...

i shall never be forsaken!!

CHANGES finally can do me GOOD

2008-11-07T17:32:00.002+08:00

changes that me likey:

uncle pete (RPK) free!!! (but i feel like ade udang di sebalik batu gak ni)
uncle obama is the new guy in the white house (now its a black house or colorful house my dear Americans)
i got to pursue my masters in construction law , Jan 09 intake!! (take that u sucker in JR Knowles/Hill International). MELBOURNE here we come!!
miya started on solid food (so now i dont have to struggle to express milk that often for her to drink while i'm at work) miya loves carrot+kurma puree, garlic+rice+pead porridge, rice+kurma porridge & apple puree. Miya chub chub...

Yngwie Malmsteen - Icarus Dream Fanfare with Orchestra

2008-11-05T10:37:00.001+08:00

something to cheer me up while feeling stuck in this "pinch'

Miya darling, read this and please be proud-Mama's breastfeeding guide (part 4)

2008-10-30T11:13:00.003+08:00

After i started breastfeeding my own child, i realized the wondrous creation of got. how the heck did the milk get there..like suddenly its being produced in the alveoli(sounds like pasta name eh?) and WALLAH...it flow faster as the suckling child desires.

Yet there are still many misconception regarding the knowledge of breastfeeding. How something so natural can be so misunderstood?

So i decided to start a breastfeeding blog..actually its more of an online library of mine. collection infos regarding breastfeeding. Its something that I'm using as a quick ref for personal use and now i decided to share it with some friend on a breastfeeding forum. www.susuibu.com

Since i don't really have that much of $$, kachiiing or moooolah... to do charity. i just feel obligated to share my knowledge with other. with that i hope that i get Allah's blessing & miya will be proud of me.

http://boobiesmommies101.blogspot.com/

Miya darling, read this and please be proud-The First feeding (part 3)

2008-09-22T09:59:00.003+08:00

The new mother waited anxiously in her hospital suite.

“Where’s my baby?” she asked the nurse. She just smiled.

A nurse came in with the baby and said “we’re going to help you feed the baby now”.

As the nurse placed the child to the mother’s breast, everything happens naturally. That little mouth quickly search for the mother’s nipple and had her first meal. It might sound bourgeois, but seriously no words can describe how a mother feels to be able to provide the best for her child during breastfeeding.

This is when the mother has a skin to skin contact with the child,
This is when they can hear each other’s heartbeat.
This is when both felt as if they are one again, just like how the baby was in her womb.
This is when both souls bonds.

“THIS IS REALLY WORTH IT!”

"When we trust the makers of baby formula more than we do our own ability to nourish our babies, we lose a chance to claim an aspect of our power as women. Thinking that baby formula is as good as breast milk is believing that thirty years of technology is superior to three million years of nature's evolution. Countless women have regained trust in their bodies through nursing their children, even if they weren't sure at first that they could do it. It is an act of female power, and I think of it as feminism in its purest form."
----- Christine Northrup M.D.

*to be continues-part 4: SUPERMOM in the making

Miya darling, read this and please be proud-The labour (part 2)

2008-09-22T09:49:00.004+08:00

She woke up to a very uneasy feely at her bulging belly.

“Ah..Contraction. Damn you braxton hicks!” she said jokingly.

She went to the kitchen to get a glass of cold water and saw the sink filled with dirty dishes from lunch.

“Damn, why didn’t I did the cleaning before taking a nap..Ouch,…another braxton Hicks.” She sighed and did the cleaned the dirty pots and plates.

“Ah..another contraction. Oii..this is too close apart. Am I in labour?” she asked herself.

So she walked into the living room, sat down in front of the TV and start timing her contraction. She used the back of a used envelope to jot her contraction counts.

1st Contraction to 2nd Contraction- 5mins apart
2nd –3rd Contraction- 18mins apart
3rd – 4th Contraction-3mins apart
4th-5th Contraction- 11mins apart

“okie, I don’t think this is the real thing.” She relaxed a bit. Stretched her arms to loosen up a little bit and saw on her right 2 basket of clothes yet to be folded or ironed.

“Dang!”

She continued doing the contraction counts along while folding the clothes for about 2hours. When her hubby came into the living room and saw the long column of the “counts”, he asked “what’s with the numbers?”. She calmly explained the function of the contraction counts. He asked with a concerned tone “Should I be worried?”. She laughed and said she doesn’t know the answer to that.

Both were hungry. So they had coffee and biggu apru donuts while watching anime, and also at the same time the hubby did the contraction counts. Each contraction was 4-7mins apart with no consistencies for around 50mins. Then it reduced to 10-15mins gap. So they continued watching anime until 8+pm, when both were hungry and decided its time to go out to find a nice dinner. Again she kept saying “Risotto!”.
She went to the loo for before beginning their journey to hunt for dinner. That was when she discovered that she’s bleeding. She didn’t panic (she think). She came out from the bathroom with this huge smile, which look more like a grin, and said to the hubby “I THINK I’M IN LABOUR?” . His answer was “Err..WHAT?”

“Purse, checked! Hospital card, checked! Emergency bag, checked! Baby bag, checked! Pregnancy book for dummies, checked! Dinner? Erm..would u like to stop somewhere and “ta pau” dinner?” she said to her hubby.

“Errr..we see lah along the way.’ He replied.

She didn’t feel any pain until…the pain really came. She was waiting in the car while the hubby ta pau some kay eff shee.

It hurts? Yes it hurts until tears roll down. Long inhale, short exhale. Long inhale, many many short exhale. Suddenly the pain went away.

The hubby entered the car. She said “it hurts”.

10pm. There was no contraction..no painful contraction until they reach the labour room. The midwife that examine her told her to go back, since there was no contraction. But then to be sure, she decided to check for dilation.

“Oh mummy, your 6cm opened!” she exclaimed and continued “we’ll call your doctor now and lets prepare for labour. Daddy you go register her for admission”.

Chills running down her spine. Confused, scared and excited.

‘Sayang, why don’t you that the things in the car and have your dinner here while I prepare for labour.” She instructed her hubby and he did as told.

After she’s all prep for labour, the million dollar question pops from the mouth of the midwife, “Do you want any anesthetic mummy?” . She answered her question with another question “How’s the pain gonna be like?” and so she answered “whatever you feel now, the pain will increase more intense and maybe later have to feel the stitches while the doc sew you up. So whats its gonna be mummy?” Again she answered her with another question “what do you have?” the midwife answered “gas, normal jab and epidural. So mummy?”. Again she answered the question with another question “what? Is this some kind of a cocktail?” and with a smile “Epidural please”.

11+pm. As the epidural kick in, she felt at ease and realized she’s tired. The midwife told her to take a nap as later she will need a lot of energy to “push” and so she did as told while her hubby enjoys his fried chicken in front of the TV in the labour room.

As he’s about to finish his meal, the midwife suddenly grew alarmed and put in the oxygen mask on the mom-to-be. She woke her up and told her to take long deep breaths and said the baby’s heartbeat is dropping rapidly. The mom-to-be’s heartbeat increased rapidly. “God… please save my baby!” she prayed.

“Take deep breath mommy. Come on, take deep breath for your baby. Don’t worry mommy the doctor is on his way. Deep breath mommy. Daddy come here, were preparing for labour. We will just waiting for the doctor and we will need to do the “vacuum” to help the baby out faster”.

11.55pm the doctor entered the labour room, looking very serious. Greeted the hubby nothing more than a smile and said “hi”. With a calm voice, he instructed the midwifes to get ready for the big event.

One of the midwife now has transformed to a cheerleader while the other aid the doctor.

“Ok mommy. PUSH..PUSH HARDER..PUSH! Ok mommy relax. Ok mommy PUSH.. PUSH..PUSH, your are not punshing enough. PUSH for the baby mommy, PUSH.”

And so the midwife repeat such like over and over and over and over.

Suddenly the mom-to-be felt relieved. Felt empty.

“HUH?” she said.

Then she was. Her first born, the doctor placed the infant on her tummy.

A baby. Her baby! And all she could say.. “Huh, BUDOK! Huh, she got hair? She’s MINE!”

The new dad perform the Qamat at the newborn’s ear.

“THIS IS WORTH IT!”

*to be continued: part 3- Miya's 1st feeding

Miya darling, read this and please be proud-Pregnant mind heavier than pregnant mom (part 1)

2008-09-22T08:54:00.005+08:00

The minute she found out that she have a “mini me” in her womb, her mind instantly grew heavily pregnant. Her 5 weeks pregnant mind carried the 1001 thoughts of a 9 months pregnant lady.

“This cannot be”, she thought. Such thought sound like a dread, yet she is happily smiling.

“This will ruin my plans of the next 3years”, she added, yet she just feel like jumping with joy.

“I’m not ready to be a mom”, she fretted, yet she is excited to tell the whole world that she is pregnant.

“This better be worth it”

* Her weight at 5 weeks pregnant-38kg (pretty much underweight, even for a petite woman)

That was only her few most common thoughts within her 6^th week of pregnancy and that was also when the dreadful 1^st trimester’s most awful morning sickness lurks in the body.

“Who was the smart@$$ named this thing as morning sickness, while the sickness lingers the whole day?” she said everything she holds her head over the toilet bowl to gag her guts out.

“This is worst than being bulimic and so I promise myself that if I ever have to deal with overweight problems, I won’t resort to bulimia”, she console herself.

“This better be worth it”

*Her weight at the end of 1^st Trimester- 32kg (skins & bones, even the dog wont be interested)

Luckily, the Oby/Gyne specialist that is giving care for her is a very understanding and charming mature man. From the numbers of his “silver” collection on his head, he could be in his 50’s… or could he be younger, but the stress (of being a person that have to rush in the middle of the night to deliver babies) has turned its back on him?

Why she chooses him to be his Oby/Gyne? In her pregnant mind she thinks that men never really know how pregnancy and labour pain feels like and so they will be very very very sensitive over the complaints that pregnant ladies have to “shout out”.

Then 2^nd trimester came. As expected and as written in the book “pregnancy for dummies”, the 2^nd trimester is more of the honeymoon period for the ladies. She has the appetite of a hungry t-rex and she can eat like a one with not guilty consciences hanging over your head. She can take a nap at anytime of the day, without other people being judgmental. She can laugh or cry when she feels so without feeling crazy or fragile. She can shop at anytime she wants without worrying her husband complaining about the credit card bill. She even attends a professional exam held by the Charted Institute of Arbitration and passed with flying colours. She reads. She knits. She is cheery at most of the time. She has this glow. She cried happily when the baby gave its first kick.

“This is worth it!” she shouts.

*Her weight at the end of 2^nd Trimester-44kg

3^rd Trimester came. She bloats, yet she gloats. She farts with her whole heart. She sneeze and she pee. Her feet are swollen and most of the time it feels like its broken. So she frets as she dreads. She foregoes high-heeled shoes, she foregoes big bags, she foregoes make-ups… and so She foregoes fashion.

“Ah..None of my shoe fits.”

“Oppsie..i gotta poopsie..Oh no..it was just gas.”

“I think I need to pee again in the next 5mins. This is my 3^rd pee session in 30mins”

“F@&k*&g traffic jam, I gotta pee!”

“My back hurts”

“Damn you Braxton Hicks!”

“I got sleeping problem, I have to wake up every hour to pee.”

“Okie, none of my pants fits. Can I wear sarung to work?”

“Oii anak, no kicking pls or else mama will pee in her pants again”

“My back hurts.. I can’t sleep”

“THIS BETTER BE WORTH IT!”

And the most famous line she repeats like a broken record....

“Are we there yet?”

On 36^th weeks she keep on saying, “I feel like eating risotto”. The hubby asked “when and where?”. She asked “where can we find a real good risotto?” The hubby answered “I dunno I’ve never had risotto before.” This dialog repeated everyday until the 38^th week.

*her weight-48kg (proudly looking at her hubby and said that’s the heaviest she have ever been)

She went for a final check up at 38^th week on a Saturday morning and she declared to her Oby/Gyne, “I think we’re ready. Don’t you think so too?”. He smiled and said, “if nothing happens, come in on Monday night say 9pm, we’ll see what’s next.”

Happily she went home and had a nice dinner at Zenbon Zakura Kristal with her husband, parents, her favorite uncle and auntie. They ate, they laughed and they were all merry.

The next day she did her usual chores. Hoping to get most of the housework done before she goes into labour. “Laundry, checked. Kitchen, checked. Bathroom, checked. Guestroom, checked. Study room, checked. Floor….floor. I think I’ll rest for a while and do some knitting,” she told herself. They had lunch and after that she decided since it’s only around noon, maybe she can take an afternoon nap and do the floor later.

Its 4pm when she woke up asking herself “is that a braxton hicks or real labour?”

ISA not nabi Isa

2008-09-18T16:45:00.001+08:00

quote from some1's blog:

The ISA is against Islam for it violates the principles of truth and justice as mentioned in the Holy Book of Al-Qur’an in Chapters An-Nisa’, As-Syura, and An-Nahl, verses 58, 15 and 90 respectively. To arrest and detain a person only and only on the basis of suspicion and without trial, without opportunity to defend oneself is forbidden and considered haram in Islam. Even if the Government wishes to detain a person for preventive purposes, the matter must be decided in an open court. Detention without trial - without the opportunity to defend oneself in an open court - violates the rights and denies the guarantee that Islam provides to all individuals. The guarantee is that everyone has a right to freedom and well-being.

no writing, just miya's lastest pic

2008-09-18T16:45:00.000+08:00

100th day

2008-08-12T17:54:00.005+08:00

today is the 100th day since Miya came into my world.

the sun shine on her cute face and i when she smile, the whole world vanish, leaving just the two of us.

i wish to tell her the the sun is shining today just for her.
this corner of the earth smiles because she smiles to the world.

tomorrow i promise i shall write something meaningful, so that one day my daughter will be proud of it. i want her to say "my mama wrote that".

My Uncle, My Elvis

2008-07-14T16:43:00.011+08:00

I’m at the office completing the report that Master Yoda assigned to me. The mp3s that keep me sane suddenly caused me to have temporary insanity. Elvis song was on.

“Maybe I didn’t treat you, quite as good as I should have…Maybe I didn’t love you,
quite as often as I could have. Little things I should have said and done, I just never took the time…you were always on my mind…. You were always on my mind”

Tears shed. Tears still flowing…

He was like a father to me. The minute his heart stop, I wish my heart would stop too. But that is not the way for a Muslim to be thinking. Yet, I dare not kiss him goodbye. I dare not see his face. I dare not go to his burial. I simply dare not.....Maybe I'm just being selfish. I don't want to let go. So I don't need closure...I don't need to let go...

No...this is not right.This is not how I should continue my life.

Moreover I’m a mother now. I have to be stronger… and also I know he would want me to be stronger too. He would want me to love my child much more than how he has loved me. He would want me to be there for my child as how he has been there for me.

Acik keep on telling me not to cry coz Uncle Mi wouldn’t want me to cry. It would be better for him if I do not cry.

Yet, my heart wonders:

· Did I ever make him proud?

· Did he know how much I love him?

· Did he know how much he meant to me?

I guess I'll get the answer when I meet him again. He'll be looking much more handsome than Elvis for sure.

Malaysian: the pull string society?

2008-07-09T17:06:00.002+08:00

Find the little evil perpetrator and feed him to the hungry alligator.
Those politicians want it all;
Politics are all about profits,
the riches in your dreams raped by them...

Like what one Lebanese-born Armenian-American singer once sang;

“The arms of time are breaking off, Civilization is on trail, The clocks eliminating time, Do you believe in me...”

Yes, we've been walking through these dead farms,
But WE don't mind,
I've been screaming through these dead lungs,
But no one up there hears...

We don’t need your hypocrisy, execute with democracy.

Blooming Flower Princess

2008-06-11T12:29:00.001+08:00

Am I not a human to you?

2008-04-28T17:19:00.004+08:00

Okie.. lemme give a sneak peek of what I have to write about the stupid VP of this company. Yes I have been a very patient person when it comes to his ways. He is a very abusive person. He abuses me mentally. Not just me, but also the other staff that is in his “least favourite” list.

Tell me how you would feel if your boss no longer views you as a person. He sees you as a cash cow.

I used to bring in at least RM10,000 a week into the company (40hours x my cheapest chargeable rate RM250) . Since I got pregnant, my productive hours had decreased due to my human incapability. Now I have reached my 38^th weeks and also with not much job in hand (I believe it’s sort of our short recession), I believed I bring in only about RM1,040 –RM2000 a week. The immediate director (master yoda) that I report to since day 1 think it is better that I relax most of the time and just help him with some ad-hoc task. He can’t give me some heavy task that might drag for the next few weeks or months because I’m DUE soon. He even told me to do some self-enrichment study when I have no job to work on.

So I did. I spent most of my hours reading books relevant to Construction Dispute, in which I believe would improve my skills and add my knowledge. With that I know I can contribute better.

Even more, everyone thinks it is no good for me and the baby to be building up stress at this stage. So no one wants to give me any heavy task to work on and since we are all in the same team, I really appreciate their thoughts for being so understanding.

But then the VP thinks differently. He thinks I can do such reading on my own time and not at the company’s expense. He thinks it is my fault that I have no job to work on. And.. he thinks if I really have nothing to work on, I should start to take my leave.

What the …..? (Fill in the blanks as desired)

When he speaks to me of this matter, he really knows on how to choose his words well. Each sentence could imply different meaning if other people hears it. But as for me, I know what he really meant.

He said he’s concerned if I am not able to meet my forecast target this year. What would the USA office thinks? (like duuh…everyone knows I won’t meet my forecast target set by the USA office this year, that is because I will be on maternity leave for 2months.)

He then wonders if I am interested in my career growth. Not meeting my target forecast, would mean I won’t be promoted, no increment and no bonus. (Double duuuh…where does this guy learn management benchmarking?)

Well whatever it is, this incident really fired me up to pursue my Masters degree in 2009. I will resign and “upgrade” my knowledge level, coming back as a new and improved me. Then we see if I wanna join this team ever again.

Anyway.. lemme make it clear, I’ve been staying here long enough because of Master Yoda. He is a master that no Padawan could ever betray.

Do you filter?

2008-04-28T14:49:00.000+08:00

Innuendoes and insinuations or are really points of substance. I kinda like that phase, picked it up from RPK’s posting.

24/04/2008-17:13

My mind tends to be easily overloaded these days. Yes, not only I am pregnant body and soul. My pregnant mind is also heavy.

As I am writing this, I feel it is important for me to tell you that this child in my womb is having a hiccup. Why? I dunno, just feel like telling you. Also I’ve been drinking camomile tea the since 10.30am. Again why? I dunno, but it does give me this feel good factor.

Back to my pregnant mind.

I have decided that I will not write about my cunt boss (did I wrote cunt? I mean cunning), until perhaps when the baby is out. This is because I have decided to block him from the important part of my mind. I shall use the important part of my mind to prepare myself for labour.

So now, why is my mind still heavily burdened by unstoppable barrage of thoughts?

I am troubled by the attitude of the people that makes the world. Well actually, I have been troubled and I guess I am still troubled by these people that makes the world.

As a child, I keep on complaining to my father on how disappointed I am of my aunties and cousins. Their ways and thinking really bothers me. Imagine that, a child complaining about how adult or elder should act.

We live in a small town in Cameron Highlands and from there I came to a conclusion that geographic does play important role in shaping one’s way of thinking. I blame the climate there for these people’s shallow mind or so called traditional thinking. You know, since its cold…so its kind slow down the blood circulation to the brain a little bit. Next, I blame the terrains for these people’s PHD syndrome (Perasaan Hasad Dengki). Some people have better cars to travel around and the one that cannot really afford a car that fits the terrains there will end up building a nest for the green devil in their heart. However, in the end, the only consolation that my father ever gave me was “these are the people that makes the world. It would be boring if everyone thinks and act the same as how you want them to be”. True..true..true…

Aiyak..contraction…break for a while..to be continued…..

28/04/08-11:25

Okie, my break took longer than expected.

I had a bad contraction on Friday. Totally drained me to the bone. I was forced to take a half day leave to have a rest at home. To fully describe my situation of that day, please imagine a wilted lettuce with my face on it. Yup..Yup..Yup..

And then, of course I don’t write on weekend.

Now here I am, Monday morning at the office. Again more waiting for labour to come.

I have just finished watching “the BLOG” on youtube. The so-called HARDTALK in RTM version. My hero was the guest. My conclusion of the program? It was good for a laugh. I felt this certain feeling that, these pro-government people at the pro-government TV station decided to invite RPK for a decent tongue slashing session. The host, being a malay, I believe that he was trying to stab the guest with indirect question. More or like a “contra proferentem” thing, where the meaning implies differently against the bringing forth. Memang melayu dia seloka, manis bicara dan halus bahasa. (quote from Ahli Fiqir)

Anyway, back to the real thing I wanna talk about. THESE ARE THE PEOPLE THAT MAKES THE WORLD.

Yes, these people are the colours of the world. The ones that makes the difference.

People’s belief, People’s ideology. People’s norm of life. People’s way of thinking.

These are the colours. That makes the world a more interesting place. There are times that theses colours could create a nice rainbow, but there are also times that the colours clashes and make us dizzy.

Try to imagine each person on earth as colours and each colours can be brighten and dimmed according to the mood or emotion of a person. These colours when nicely paired or matched will bring a certain harmonious feeling. These colours, even when paired with certain contrast colours, will bring a certain vibe to the surrounding. These colours when wrongly paired can bring a very irritating effect on a person that is looking at it.

The world will be a boring place if we only see monotone colours. But not everyone has the ability to appreciate these vibrant mixtures of colours. So what can we do?

My suggestion? FILTER.

Filtering in photographic can work wonders for the person that is taking the pictures.

Quote from wikipedia:

“Filters allow added control for the photographer of the images being produced. Sometimes they are used to make only subtle changes to images; other times the image would simply not be possible without them.

The negative aspects of using filters, though often negligible, include the possibility of loss of image definition if using dirty or scratched filters, and increased exposure required by the reduction in light transmitted. The former is best avoided by careful use and maintenance of filters, while the latter is a matter of technique; it usually will not be a problem if planned out properly, but in some situations does make filter use impractical.”

So filtering, it is good because you can choose to see what you want to see. But… if you are used to using filter all the time you might get too comfortable and start to neglect the truth.

Whatever option you choose to use, there is still the good side and the bad side. However, you just need to know on how to cover your backside from being bite by the reality. Yes, reality bites.

Blame the hormones, like how BN blame the bloggers.

2008-04-18T11:04:00.001+08:00

Pregnancy hormones can pay 1001 tricks on you, no matter at what trimester you are in.

I’m in my 3^rd trimester and since yesterday evening, I realized that I’m wearing this really annoying character.

I’m easily irritated and it caused me to be this annoying bitch(no no. Can’t use the word bitch. My bestfriend will be upset if she knows I’m taking over her title). Then what other adjective should I use to describe myself in this current situation? Later I figure out something la.. Maybe “MAK BUYONG ON THE NOOSE”?

Anyway, I think I did abuse some of the people that I have interaction with in this week.

Identified victims:

· My HUBBY (having to bear each moment of my constant complaining, blabbering and annoying request)

· Shirley& Julie (They just being sweet as they are, but there are times I think I make them feel uncomfortable with my complains)

· Lai Hong (not entertaining or reacting to her 1001 complains like how I used to)

· Malcolm (not looking at his face when answering his questions. Eg. Dah makan? Are you ok?)

· The Malay girl in the loo (coz I farted out loud in the toilet cubicle while she’s performing her ablution in the next cubicle. She must have felt disgusted and wanna vomit, but what to do? I’m pregnant. I have gas.)

· The toilet itself (for being so smelly. Wonder what are these people eating? Pheweee… making me want to puke)

· My best friend BITCH (for being a pregnant bitch, like me)

· All smokers that love to abuse their lungs and at the same time thinking it’s cool to pollute my lungs too.

· Stupid UMNO people and any other people out there that seems to be obsessed with pigs. (They are the creature of God too.. Boo, you whore!)

· Harun, my darling pet piggy. For being a pig.

There are also other people that I fantasize to abuse, verbally and physically. They are:

· The guard and the staff at the management office of the condo that I’m staying now.

For what, for being so stupid and not know the appropriate thing to react on urgent and dangerous matters. Why I choose to abuse them? Because, I came home to my apartment yesterday evening finding that my whole apartment was being filled with Gas. Yes, Gas..Gas we use for cooking. What happen was, the pipe connecting the tong gas to my stove got loose and came off…

As we were airing the house, the condo security guards came to our unit. My husband entertained them. I’m not in a stable mind to handle other people. My head was too “serabut” and I keep on thanking god that my piggy is still alive. If anything happen to him, I’m sure I’ll be in a great stress. (Wonder if it would induce labour?)

After they left, my husband told me. The neighbors have been complaining about the smell of the leaking gas since afternoon.. HUH? AFTERNOON! Lucky for us that there were no smokers around or some mischievous kid came to play with fire around our unit.

Now, now..Why am I still angry? Because I keep in having this flashes of events in my head on how things could have turned out to be. A crispy burnt condo unit with my dead piggy inside. What’s worse? We would endanger our neighbors too.

So now another question, why didn’t the management office call to alarm us of the situation?

· The second person I love to abuse right now and perhaps for the rest of my working days in this company, my boss.

Actually as I started writing this posting, I have a lot to write about him. But, I think today is not the appropriate day to open up his can of worms/maggots.

TO BE CONTINUED….

Anybody can conclude the lesson to be learned here?

(Please submit your vote before the next UMNO general election)

A) pregnancy hormones can turn you into a bitch

B) pregnancy hormones can make you realize and view things better

C) pregnancy hormones makes you have guilty conscious

D) beware of incompetent security guards and property managers

E) pregnancy hormones makes you hate your boss

Me..me..me..my baby..my hubby..me..

2008-04-14T14:18:00.002+08:00

I believe this is my first posting for the year 2008. Since it is my blog, I don’t really have to explain myself to anyone of what so ever on why I haven’t been writing. Also, as if I got fans whom constantly checking my blogspot for any new posting. If there are any fans out there that really did so, I should be polite and apologize. So…sorry la to my fans.

A lot have been happening since December 2007.

First, my political mind has been constantly stimulated by YM RPK of Malaysia Today. I know, I know... it is so not like me to only take from only 1 source of input without making any other comparison from another source. Truthfully, I why I stayed loyal to only this 1 source? It is because I fail to find any other source of sensible and logical thinking. Those other sources of information seem to be just another source of annoyance or entertainment to me.

Anyway, personally RPK reminds me of my own father when I was still living in the innocent world. Now, my father only keeps on giving me this “little advice”. He goes “what have you been reading and what gossip have you been telling your mother? She has been talking to people and I don’t think its wise for her to do so. She’s a government servant..” , and so the little advice goes on. He makes it sound as if we are living in Tehran and freedom of speech is something dangerous. Well, can’t really blame him for giving his 2cents from such point of view. He was also once a victim of a dirty political scheme. I might be too young on the happening of such event, but I can feel that it scarred him.

Secondly, my own comment on my last posting titled “The Unthinking Majority”. On 8^th March 2008, the unthinking majority gave me a super huge surprise. They prove me wrong, leaving being “The Unthinking Minority”. Nope, that title is not really that correct. How about “The ones living in Oblivion?” No..No… Nope… This have gotten more complicated now, its not like they don’t think or living in the world of lies. I could feel like everyone is thinking now, in political sense. However, their ideology or the truth of what they stand by that makes the different. Well, whatever dever, I’m just proud that most of the people around me are using their brain for better purposes and not only for their daily errand running purposes only.

Okie, thirdly, we have talked enough about my pregnant mind that is heavy with political baby. Now I refer to my human baby. My Akachan Ningen. My bundle of joy that have this talent for football, kungfu and tai-chi (the kid can kick, man!).

Anyway, another funny stunt that my little one have been pulling off for quite a while now, on every ultrasound, he/she have been hiding the private part from us. Little trixy! (just like the mother I guess).

I’m now 36weeks, reaching the home-run. Truthfully? I’m really bored of 3^rd trimester. So can I have the baby now? Wondering if I can harass my doctor to perform scheduled Cesarean or induced labour on me? I don’t think anyone would understand my seriousness on this issue (Unless the person reading this is also a first time mother like me).. The sleepless night, the frequent urination, the backpain, the pelvic pain, edema (its not the green Soya bean served at Japanese restaurant, edamame. Its water retention-swollen ankle)…and Aiyak, another contraction…its called Braxton-hicks contraction. Fancy name for false alarm contraction.

What is going on now in my womb? Quote from Wikipedia:

“Your baby is now about 20 inches long and weighs about 6 lbs. Your once wrinkly baby is looking more and more like a plump newborn. Her growth will slow down now in preparation for birth but she is looking pleasantly chubby. Her cheeks are fuller and she has developed strong muscles that enable her to suck and also add to the filling out of her face. She may even have cute dimples on her elbows and knees and creases in her neck.

In terms of readiness for birth, baby is pretty much all systems go, with the exception of one thing: her digestive system. As she has been getting all her nutrition through the umbilical cord, her digestive system has not yet been operational, although it is developed. It will take the first year or two of baby’s life for it to become fully functional.”

Ahhh..isn’t that cute…Conclusion here, isn’t the bun suppose to be ready now? I got my emergency bag all packed. Even the baby bag is ready, filled with cute nappies and all the required and essential baby stuff.

My hubby has also been pulling off some cute stunts. Maybe just nervous or anxiety or excited to be a father. I wouldn’t want to embarrass him by sharing on the details in my blog. But then again, maybe some other day, I might.

Finally, work..hmm work…I’ll share that part some other time lah. Suddenly having this serious attack of lethargic. Yes, it happens to pregnant ladies!

TO BE CONTINUED…(work, stupid boss, stupid boss with smart mouth, stupid boss vs motherhood/working mom, my future plans for further studies, my very own family)

"The Unthinking Majority"

2007-12-12T15:37:00.000+08:00

..............

Life needs a mirror or else we might have missed it..

2007-09-09T18:26:00.000+08:00

I haven’t properly written anything in my blog for over 3months. I can give 1000 reason of why I have not written anything, but I shall restrain myself from providing excuses. Yes, it’s a new thingy I’m trying. For over a month now, I’ve been trying my best not to be the typical type of person that will bring forward excuses, instead of proper reasoning for anything he or she failed to deliver. I’m starting to believe that loser gives excuses, while a winner that loses will provide proper reason.

There is a fine line between excuses and reason. And it is really hard to try and identify such line. Indeed I’m learning on how to spot the difference. All I know, excuses will annoy people and sometime will bring you more trouble than you already are. Reason? Reason sets your mind free of guilt.

Many things have happened to me for these last few months. 1) Work has been hell, yet I enjoy it. 2) Me and my hubby buying a place of our own, there are a few hiccups causing me to be upset 60% of the time. 3) Another one of my pet died, however I did not cry as much as I did when my 1^st Guinea Pig died. Now left my last fat little piggy, hogging all of my attention. 4) I was stung by a bee and experienced my 1^st fastest allergy reaction. 5) Then, my grandpa suffered a stroke, amazingly caused by a sort of heart attack, where at his age, it seems expected for his AS to have caused MI (I actually searched in Wikipedia to understand what was the doctors talking about because it seems like they don’t feel any urgency to explain to me of what are their findings). 6) Lastly, I think I might be pregnant. But it is not yet properly and 100% confirmed. This will totally make my best buddy jump over the KL Tower or KLCC for sure(marcus surely will freak out). If I really am going to be a mother, it surely will be fun..but then me and my hubby have to re-schedule for our migration plans until the bun is out from the oven..heheheheh

Only today, as I am alone at home, after finishing all of my chores, only I am able to reflect of what have been happening in my life. There might be a certain blessing from this. For work, I know I have to go through hell in order to show of what I am capable of. For the hiccup in the sales & purchase of my new home, I get to test my ability to plan and accept changes to it. For the death of my darling pet, well, shit happens. For the bee sting case, I should know that little creatures have their rights in this world too. As for my grandpa getting a stroke, at least we can see the whole family unite again and set aside their differences. Finally I might be a mother, too soon to get excited, but I believe a new light might bring a new shine to my life.

So now, how many of us out there actually took time to reflect of what have been happening in our lives?

Dio Rainbow in the dark

2007-08-23T11:03:00.001+08:00

i wanna go to his concert in spore. 27th Oct 07

Ignorance is BLISS

2007-08-02T15:22:00.000+08:00

How many of us have made a promise that we never keep?
How many of us have the habit of “walk the talk” or “talk the talk”?
How many of us complains and never do something about it?
How many of us have promised that we will never betray the earth beneath our feet?
How many of us said that we will never become greedy, but still then act selfishly?
How many of us strut proudly of our success while some innocent blood is still being spilled in earth?
How many of us remember the promise we made in the womb of our mother?
How many of us know where our heart and soul belongs?

Aerosmith-Dream On (live)

2007-07-19T11:03:00.001+08:00

SEXY ha?

Favorite Song for July, its my hardworking month...

2007-07-17T11:15:00.001+08:00

Every time that I look into the mirror
All these lines in my face getting clearer
The past is gone
It went by like dusk to dawn
Isn't that the way
Everybody's got their dues in life to pay
Well, I know, nobody knows
Where it comes and where it goes
I know it's everybody's sin
You got lose to know how to win

Half my life's in books' written pages
Lived and learned from fools and from sages
You know it's true, oh
All these things come back to you

Sing with me, sing for the years
Sing for the laughter, sing for the tears
Sing with me, just for today
Maybe tomorrow the good Lord will take it away
Hey-hey-hey

Sing with me, sing for the years
Sing for the laughter, sing for the tears
Sing with me, just for today
Maybe tomorrow the good Lord will take it away

Dream on, dream on, dream on
Dream yourself a dream come true
Dream on, dream on, dream on
Dream until your dream comes true

Dream on, dream on, dream on, dream on
Dream on, dream on, dream on, dream on, oh

Sing with me, sing for the years
Sing for the laughter, sing for the tears
Sing with me, just for today
Maybe tomorrow the good Lord will take it away

Sing with me, sing for the years
Sing for the laughter, sing for the tears
Sing with me, just for today
Maybe tomorrow will pull out and take it away, yeah

Sadness (Part 1)

2007-06-07T16:10:00.000+08:00

That certain uneasy feeling I had after dinner,
I should have not ignored it.
I was too busy with the company. I was too busy trying to fix things.
I had too many things in my mind.

When I finally held you, I know it is already too late.
Your body barely moved.
Your eyes displayed a thousand emotions.
I tried to comfort you in everyway. Regret and worries filled my head.

I was so unsure.
Part of me knows that you will leave me soon..
Yet another part of me believes that you will survive this painful struggle.
How foolish I must seem to you on your last breath.

As your soul leaves your limp body, I cried.
I just felt the pain. I cried.
There is no pain like the pain of losing someone you truly love.
My heart aches...
Interest in the future dissipates... and life doesn't seem to matter any more...

......

2007-05-18T15:44:00.001+08:00

The most destructive habit......Worry
The greatest Joy...................Giving
The greatest loss..................Loss of self-respect
The most satisfying work.........Helping others
The ugliest personality trait.......Selfishness
The most endangered species...............Dedicated leaders
Our greatest natural resource.....Our youth
The greatest "shot in the arm".......Encouragement
The greatest problem to overcome.........Fear
The most effective sleeping pill......Peace of mind
The most crippling failure disease....Excuses
The most powerful force in life......Love
The most dangerous pariah.............A gossiper
The world's most incredible computer.................The brain
The worst thing to be without.... ....................Hope
The deadliest weapon...................The tongue
The two most power-filled words.............."I Can"
The greatest asset.............................Faith
The most worthless emotion...............Self-pity
The most beautiful attire.................SMILE!
The most prized possession........... Integrity
The most powerful channel of communication.......Prayer

The most contagious spirit...............Enthusiasm.