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Duty Mig
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Here are some more information for Duty Mig:
(On to Vietnam, October of 1971)
The buses, bordered by 240-soldiers, mostly privates, sergeants and corporals, and the Commanding Colonel stood adjutant to the officers and their wives not yet on the bus, and a few wives and several who were not wives, perhaps women-friends of the officers if not relatives, stood in the windy morning sun and kissed their war heroes-the very ones that the public called war mongrels -goodbye, as us privates and corporals, and sergeants sat on the bus waiting for them to kiss the last kiss with our orders in hand-the piece of paper, with its content we had already know long before we got it-orders to go and fight in some far-off distant place called Vietnam, a place no one in America had heard about ten-years previously, and only a few soldiers talked about coming home from Vietnam that past five-years.
I had already known the content of that paper for now, going on six months, while serving a tour of duty in Germany, it said something like this:
"...on this date below...you will depart from Frankfurt, West Germany to Fort Lewis, Washington, for Jungle Training, and then proceed onto the Republic of South Vietnam, forthwith and underarms, and with vigilance dispatched, to, at this time destination unknown...."
Then I put the paper back into my jacket pocket, I had folded it, and figured I had looked at it enough-the officers at ease behind the colonel, -the wives and other women folk, gathered from the back to alongside the young officers, and one young lady who had not been talking much since I was looking, twenty-five feet from the bus, kissed him with a hug and tears, as we all sat in the bus waiting, with boring if not flat and jealous and unpleasing faces, in the irregular sun, that crossed over the bus, then got covered by a cloud then crossed over again when the cloud shifted, and the colonels voice could be heard, telling again the old stale patriotic gesticulation-along with giving the sign 'V' sign for victory: as if we were all going off to World War II, to fight for land and liberty, and here we were with papers that said we were going to some unknown spot which forever no one gave a damn about, nor would afterwards, nor did even the folks we were sent to fight for-the south Vietnamese.
And then that same voice went into an actual nostalgic limbo, choking up, almost hoarse, and we all looked on the bus, and perhaps they all looked on the few buses behind us, and I heard someone say, "What is this?" The colonel was talking about Vietnam as if it was a country that was going to attack us. When in essence we all somewhat knew, it was a proxy country to take the beatings the United States and Russia and China to boot, couldn't seem to do to one another face to face. But at least the colonel was done now. Then he faced us, an older man, and looked at us a moment, certainly in no way as he had the officers, perhaps a kindly man no doubt, a voice of blood and steel and red hot fire, his brass shinned like it.
"For Gad's sake," that same voice said on our bus, then a dozen or more voices sounded on the bus, and a voice said, "If we got this much time, let us all go home and kiss our wives and girlfriends, we got them too...!" and everyone started laughing, and the colonel had turned about saw our impatience-and perchance, our indifference, and the young officer I had been looking at with his pretty wife, she was now looking at me, not wanting to let go of her solider boy.
It was a drowsy, hazy mooring, in February (1971), and I slid back into my seat, neat and quiet and as the bus took off, and it went over the bumpy road, rising and falling and then smooth again, I figured: this is just like normal life.
No: 564 (1-11-2009)
See Dennis' web site: http://dennissiluk.tripod.com
Building Construction - Building Surveyors (victoria).
Judging Building Surveyors - Part 2 - Effect of MIG Textiles Decision (VCAT 2005)
FACTS - MIG owned a block of land in Carlton. It was to be developed into 4 x 3-storey townhouses. The respondent architect, Myer, obtained a town planning permit for the development and prepared working drawings. The original town planning permit assumed the retention of existing retaining walls. The owner received engineering advice to the effect that the walls would need to be demolished. During the course of demolition, the local council intervened to stop work on the project because the degree of demolition was greater than that permitted by the town planning permit. MIG had to pay damages to the builder and sustained economic loss itself. MIG sued to recover those losses from Myer, alleging that it was the fault of the architect that the work was stopped and the delay occurred.
The building surveyor who had issued the building permit approving extensive demolition of walls contrary to the original town planning permit was not sued.
Senior Member Walker, an experienced VCAT officer, found in favour of the defendant architect and dismissed MIG's claim. Senior Member Walker noted that the building surveyor had issued a permit for demolition for work without first satisfying himself of the existence of a planning permit which would have allowed the demolition. Evidence called by the developer that in fact the building surveyor had acted reasonably was rejected by VCAT. VCAT also rejected evidence from another consultant building surveyor to the effect that the project building surveyor could have delegated his responsibilities to Council by sending in plans for Council to determine whether the planning permit covered the removal, demolition and replacement of walls. Senior Member Walker decided that the project building surveyor had a responsibility under the Building Act 1993 to satisfy himself/herself that there was a relevant planning permit in existence. The final responsibility was personal and non-delegatable. However, MIG made the fatal error of not having sued the building surveyor as well as the architect.
The reason why the claim against the architect failed was that VCAT was satisfied that the architect had no contractual responsibility to determine whether the planning permit would allow demolition which only arose after the planning permit had been issued. VCAT noted that MIG had effectively taken responsibility for splitting responsibility between Myer to obtain the planning permit and others to obtain the building permit. VCAT noted, somewhat caustically, that the small amount of money saved by the developer ended up being insignificant by comparison to the damages ultimately sustained.
Effect of Taitapanui Decision (VSCA 2006) and (HCA 2006)
FACTS - Mr. & Mrs. Taitapanui purchased a house in 1999 at Torquay. The house was originally built by owner/builders, Mr. & Mrs. Watson in 1996. Watson had his own construction company, Watson Construction Pty Ltd. When the house had been originally constructed, Wally Mellis, employed by the Mooroobool Shire Council's Building Department, had been project surveyor. The Taitapanuis subsequently sustained loss and damage being pure economic loss when part of the foundations of the house collapsed. The Taitapanuis sued the original owner/builder (Watson Construction) and Mooroolbool Shire Council as Mr. Mellis' employer. Before VCAT, the Taitapanuis were successful both against the building surveyor/local Council and original owner/builder. Both appealed to the trial division of the Supreme Court. The appeal was dismissed in 2004. The Municipal building surveyor/Council again appealed to the Victorian Supreme Court of Appeal. Again, the appeal was dismissed.
The question before the Court of Appeal was whether the building surveyor owed any duty of care to the Taitapanuis .
The building permit was issued by Mellis in August 1996. Construction commenced later that year. Mellis issued a certificate of occupancy in January 1997. In July 1997, the Watson's sold the property to a Mr. & Mrs. Pozman. Early in 1999, the Pozmans further sold the property to Mr. & Mrs. Taitapanui. Defects only became apparent once the Taitapanuis were owners. Engineers and consultant builders retained by the Taitapanui's identified a number of serious structural deficiencies in the footings.
VCAT decided that the surveyor had been in substantial default by issuing the permit. Contrary to regulations, no specifications had been provided describing the materials and methods to be used and the plans did not identify the particular wall material. VCAT described the surveyor's conduct as to mounting to gross carelessness and incompetence. The Trial Division of the Supreme Court criticized the building plans, calling them as though they had been done by a thumbnail dipped in tar. The Supreme Court noted that there were many construction defects which should have been picked up by the surveyor in the course of his inspection - in particular, sub floor defects in the bearers and joists, defects in the roof framing, clear shortcomings in the flashings, and a failure to provide the correct safety glass for certain window and door panels.
VCAT concluded that the house was so compromised that it needed to be demolished and rebuilt.
The Court of Appeal noted that the Taitapanuis did not themselves rely upon anything that the surveyor or his employer, the Shire Council, said or did when they purchased the property from the Pozmans.
The Court of Appeal thoroughly analysed the Building Act 1996. The Court noted the critically important role of the surveyor relating to the approval of future construction work and building inspectors to regulate buildings which are under construction. The Court of Appeal noted that the role of the surveyor in respect of building work was not limited to that of issuing building permits. There is a duty to make mandatory inspections, and a power to conduct other inspections. The Court noted that a surveyor had broad authority when conducting an inspection. For instance, the occupancy permit should not be granted unless the building to which it applies is fit for occupancy.
The Court of Appeal concluded that Mr. Mellis, as building surveyor, owed a duty of care to not only the current owner/builder of a property but also to future owners. The Court of Appeal was influenced in this finding by the surveyor's gross failure of reasonable care when performing the statutory functions of issuing a building permit. The Court of Appeal stressed the important role which a surveyor performs, particularly to prospective purchasers of property who will conduct searches of documents such as the Section 32 statement attached to contracts of the sale of land.
The Court of Appeal framed the relevant duty of care owed by a building surveyor as a duty to exercise reasonable care in granting a building permit in respect of building work the subject of an application for the permit. The Court of Appeal warned surveyors that this duty applied equally to future purchasers who, in many respects, were in more vulnerable positions than the original building owner. The Court concluded that the surveyor must have been aware of the risk of economic harm being suffered by a later purchaser in the event that the surveyor neglected his statutory obligations.
The Court of Appeal also remarked on whether or not the Taitapanuis could have been said to consciously rely upon anything actually done by the surveyor as being causative of their loss. In many respects, the Taitapanuis (who may not have even been aware of Mr. Mellis' original involvement) might have found the requirement of reliance difficult. The Court side-stepped this defence by holding that the Taitapanuis established reliance in the sense of having inspected the Section 32 certificate under the Sale of Land Act which included the building permit granted by Mr. Mellis.
In many respects, Taitapanui is an extension of the High Court Authority in Bryan v. Maloney (1995) to building surveyors. It seems settled law in Australia that a wide variety of building practitioners such as architects, engineers, draftspersons, builders and surveyors, owe a duty of care to subsequent owners of the house to avoid mistakes leading to future pure economic loss. These decisions may depend upon whether these building practitioners owed duties of care to first owners to avoid pure economic loss. However, having regard to the essential role played by surveyors in the building process, that salient feature is inevitably likely to be satisfied.
The High Court refused special leave to appeal to the surveyor/Shire Council. The High Court was satisfied that the Court of Appeal's application of the law to the facts was correct.
About the Author
Michael Pickering is a solicitor employed at
LAC Building Construction Lawyers Melbourne
. He has nearly 20 years experience as a lawyer.
hobart 125 ez or hobart 140?
i am interested in buying a new mig welder and ive been told that hobart is a good name. i have looked at a few hobarts and i cant decide what i want. the 125 ez looks like a good one but cost a lil more than the 140 amp. is there a reason for this or is this just coincidence. also are all of the new hobart migs ready to go without the hookup or use of gas. i do mostly hobby welding and building things like tables so i wouldnt need a real heavy duty one i guess but if the 140 amps is cheaper im thinkin i should go with that one. maybe im wrong? what do you think.
The Hobarts ( which are actually manufactured by Miller ) that you name are new to me. When I purchased my Hobart 135 the other option I had was a 145. The difference, and what you should consider is; What is the thickest material that you will be welding ? And, what power supply do you have available ? Again, when I bought my 135, 240 volt power supplies were "available" at both my home and work but, WIDELY scattered. 110 volt however, was readily available without the use of an extension cord and, I was able to weld up to 1/4" single-pass with it, which was about all I needed to do with that welder anyway. Heavier guage steel was done with the shop's MIG.
Bought the Hobart in 2000 and use it just about every work day .... sometimes for just a few minutes or so, sometimes for hours at a time ( with 75 - 25 / solid wire or, no gas / flux core ). It claims to have a 20% duty cycle but, as hard as I 've used it, it's never given up.
Most wire feeds are "ready to burn" out of the box, with no shielding gas, using a flux core wire. However, your weld QUALITY will be less ( more pin holes and splatter ) using flux core wire instead of solid wire and shielding gas.
Stealth But Not Silent
What impacts would the F-35 Joint Strike Fighter have on Tucson? by Dave Devine Representative Maximum Sound Level in Decibels (dB) Under the Flight Track for Aircraft at Various Altitudes in a Military Operating Area The U.S. Air Force in March held two open houses in Tucson, with the goal of gathering public input for an environmental impact statement on a proposal to bring the F-35 Joint ...
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