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Author: MICHAEL W. MORAN
Organization: JACKSON WALKER L.L.P.
The filing of a mechanic's lien amounts to making a claim against the real property, thus the filing and enforcement of liens raise various real estate considerations.1 This paper examines a few of these considerations including the priority of liens, removables, discharging of liens, and environmental liability.
II. PRIORITIES
A. Preference of Mechanic's Liens Generally
All subcontractors, laborers, and materialmen who have a perfected mechanic's lien have a preference over other creditors of the original contractor. TEX. PROP. CODE ANN. § 53.121 (Vernon 2007). Except for the preference given to individual artisans and mechanics as to statutory retainage, perfected mechanic's liens arising out of the same general contract are on equal footing with each other without reference to the date of filing the affidavit claiming the lien. TEX. PROP. CODE ANN. § 53.122(a). If the proceeds of a foreclosure sale of property are insufficient to discharge all mechanic's liens against the property, the proceeds shall be paid pro rata on the perfected mechanic's liens on which suit is brought. TEX. PROP. CODE ANN. § 53.122(b).
The Property Code provides that a mechanic's lien attaches to the house, building, improvements, or railroad property in preference to any prior lien, encumbrance, or mortgage on the land on which it is located, and the person enforcing the lien may have the house, building, improvement, or any piece of the railroad property sold separately. TEX. PROP. CODE ANN. § 53.123(a). If there is a pre-existing lien, encumbrance, or mortgage on the land or improvement, that lien, encumbrance or mortgage takes precedence over the later-filed mechanic's lien. While the holder of the pre-existing lien, encumbrance, or mortgage need not be made a party to a suit to foreclose the mechanic's lien, its rights must be addressed first. TEX. PROP. CODE ANN. § 53.123(b); Lyon-Gray Lumber Co. v. Nocona Cotton Oil Co., 194 S.W. 633 (Tex. Civ. App.–Fort Worth 1917, writ ref'd) (mechanic's liens are subordinate to liens that lawfully existed prior to the inception time of the mechanic's lien).
B. Inception of the Lien
In order to establish the priority of mechanic's liens over other liens, it is necessary to determine the inception date of the mechanic's lien. The time of inception of a mechanic's lien is the commencement of construction of improvements or delivery of materials to the land on which the improvements are to be located and on which the materials are to be used. TEX. PROP. CODE ANN. § 53.124(a); see First Continental Real Estate Investment Trust v. Continental Steel Co., 569 S.W.2d 42, 45 (Tex. Civ. App.-Fort Worth 1978, no writ); Mortgage & Trust, Inc. v. Bonner & Co., 572 S.W.2d 344 (Tex. Civ. App.-Corpus Christi 1978, writ ref'd n.r.e). The construction or materials must be visible from an inspection of the land on which the improvements are being made. TEX. PROP. CODE ANN. § 53.124(b). The time of inception does not take into consideration the date that the property owner decides to start improvements on his property. Univ. Sav. & Loan Ass'n v. Security Lumber Co., 423 S.W.2d 287, 295 (Tex.1967). The Texas Supreme Court has specifically "rejected the idea that such liens had their inception when the owner determined to improve his property." Id.
1. Commencement of Construction
In the landmark case of Diversified Mortgage Investors v. Blaylock, 576 S.W.2d 794 (Tex. 1978), the Texas Supreme Court concluded that \"commencement of construction\" occurs only when the activity:
(a) is conducted on the land itself;
(b) is visible upon the land; and
(c) constitutes either
(a) an activity which is defined as an improvement under the Texas statute or
(b) the excavation for or the laying of the foundation of a building or structure. Id. at 802. Clearing and grading land constitutes commencement of construction. Reliable Life Ins. Co. v. Brown & Root, Inc., 607 S.W.2d 621, 629 (Tex. Civ. App.-Waco 1980, writ ref'd n.r.e.). Work that is merely preparatory does not constitute commencement. Blaylock, 576 S.W.2d at 802.
2. Delivery of Materials
The Blaylock court also defined \"delivery of material\" as the delivery of material:
(a) to the project site;
(b) that is visible upon inspection of the land; and
(c) is to be consumed during construction or incorporated into the permanent structure. Id. at 803.
Because it may be difficult to determine solely from delivery of materials whether such materials will be consumed during construction or incorporated into the permanent structure a case-by-case analysis of the facts is necessary to determine when the Blaylock criteria have been met. In re Jamail, 471 F. Supp. 441 (S.D. Tex. 1979), aff'd, 609 F.2d 1387 (5th Cir. 1980). In summary, the inception date could be one of several dates including the date construction commences, the date that materials are delivered, or the date the lien is filed.
3. Affidavit of Commencement
To more definitely set the date construction is commenced, the Property Code provides that an owner and an original contractor may jointly file an affidavit of commencement. TEX. PROP. CODE ANN. § 53.124(c). An affidavit filed in compliance with § 53.124(c) is prima facie evidence of the date of the commencement of the improvement described in the affidavit. TEX. PROP. CODE ANN. § 53.124(d). The time of inception of a mechanic's lien arising from work described in an affidavit of commencement is the date of commencement of the work stated in the affidavit. Id. The affidavit of commencement must be filed with the county clerk of the county in which the property is located not later than the 30th day after the date of actual commencement of the construction of the improvements or delivery of materials to the land. TEX. PROP. CODE ANN. § 53.124(c) The affidavit must contain:
(a) the name and address of the owner;
(b) the name and address of each original contractor, known at the time to the owner, that is furnishing labor, service, or materials for the construction of the improvements;
(c) a description, legally sufficient for identification, of the property being improved;
(d) the date the work actually commenced; and
(e) a general description of the improvement. Id.
C. Effect of Inception Date on Priority
After the date of inception has been determined, the next step is to determine the inception date's effect on the priority of the mechanic's lien. If there are no prior liens, then the mechanic's lien has priority as to the land and the improvements. TEX. PROP. CODE ANN. § 53.121, 53.123, & 53.124. If a deed of trust has been created before any mechanic's lien's inception date, then the deed of trust will have priority. Id.
A perfected statutory lien has priority over all liens which attach to the land or improvement after the inception of the lien. When perfected, the mechanic's lien relates back to the time of inception for purposes of determining its relative priority. First Federal Savings & Loan Asso. v. Stewart Title Co., 732 S.W.2d 98, 111 (Tex. App.?Beaumont 1987, writ denied); Reliable Life Ins. Co., 607 S.W.2d at 629; University Savings & Loan Association v. Security Lumber Co., 423 S.W.2d 287, 293 (Tex. 1967). If a deed of trust is filed after the inception of a mechanic's lien as determined by the Blaylock test, any mechanic's lien that arises subsequent to the deed of trust will relate back to the date of inception, giving it priority over the deed of trust. Stewart Title Company, 732 S.W.2d at 111.2 If there are notice and filing requirements involved, then the lien relates back as soon as the proper steps are taken to fix the lien. Id.; see also Trammell v. Mount, 4 S.W. 377, 379 (Tex. 1887).
The relation-back doctrine also provides that the lien attaches to whatever legal or equitable interest the contracting party had when the work was begun.3 If the contracting party does not own an interest in the land when work is begun, the contractual agreement between the parties does not establish a basis for a mechanic's lien and so the relation-back doctrine does not apply. Inman v. Orndorff, 596 S.W.2d 236 (Tex. Civ. App.?Houston [1st Dist.] 1980, no writ). In Inman, the person who requested the work be done did not own the property when work commenced. He later acquired title but title passed burdened by a bank's security interest and a deed of trust. The court held that the mechanic's lien was subordinate to the bank's liens. Id. at 238.
D. Effect of Multiple General Contracts
In an old line of cases, it was argued that one original contractor's lien may commence out of the performance of work done under another different general contract. The courts applied the doctrine of relation back to situations involving several original contractors. Oriental Hotel Co. v. Griffiths, 33 S.W. 652, 663 (Tex. 1895). In Oriental Hotel, the Texas Supreme Court stated that among various original contractors, the first fixed inception date constituted the inception date for all subsequent liens. Id. Therefore, a mechanic's lien created subsequent to a deed of trust had a common priority with the mechanic's lien created before the deed of trust.
In the more modern line of cases, the courts reject the common lien theory and hold that the inception date for mechanic's lien is the date work commenced on the contract with the owner under which each entity is working.
See Ferris v. Security Savings & Loan Association, 545 S.W.2d 208, 212 (Tex. Civ. App.?Eastland 1976, no writ); First Continental Real Estate, 569 S.W.2d at 46-47. The Fifth Circuit Court of Appeals, in In re Waller Creek, Ltd., 867 F.2d 228 (5th Cir. 1989) upheld a one-hundred-year-old principle announced by the court in Lyon v. Logan, 5 S.W. 72 (Tex. 1887), by stating that an owner may limit the scope of mechanic's liens by negotiating separate contracts for improvements. In Waller Creek, an original contractor involved in the construction of a hotel on top of a parking garage sought to assert the priority of its mechanic's lien on the parking garage and hotel. The lenders and owners of the garage and hotel contended that since the garage and hotel were constructed under separate contracts and construction commenced at different times, the contractor should be precluded from claiming that the inception of both liens relate back to the commencement of the first project. The court held that the contractor's demolition, excavation, and pier drilling work, performed under the garage contract and billed to that contract alone, did not give rise to a debt for which [he] has a lien on the hotel property. Waller Creek, 867 F.2d at 236.
E. Effect of Alienation of Land on the Relation-Back Doctrine
The Texas Supreme Court applied the relation-back doctrine to the later sale of property in Valdez v. Diamond Shamrock Refining and Marketing Co., 842 S.W.2d 273 (Tex. 1992). In Valdez, a general contractor entered into a contract with the owner for the construction of improvements on a 7.1 acre portion of a 7.9 acre tract of land. Id. at 274. At the time that Valdez signed the contract, the other 0.8 acres was still part of the entire 7.9 acres and was legally described as one tract. Id. The owner later sold the 0.8 acres to Diamond Shamrock. Id. Although the contractor delivered no materials to the 0.8 acre tract and did not construct any improvements on that portion, the court held that the mechanic's lien related back to the date of commencement of construction and so attached to the portion that was subsequently sold. Id. at 276-277. The court stated that to reach any other conclusion would \"contravene public policy, insofar as it might allow a property owner to sell off portions of a lot and thereby reduce a contractor's or subcontractor's lien rights with impunity.\" Id. at 277. The court further held that there is no duty imposed on contractors or subcontractors to check deed records for post-construction sales; rather, a contractor is entitled to rely on a representation of ownership made by the parties with whom the contractor deals. Id. at 276.
III. REMOVABLES
A. Priority of Mechanic's Liens
Generally, a mechanic's lien for improvements is subordinate to a vendor's lien when the mechanic's lien's inception date is subsequent to perfection of the vendor's lien. TEX. PROP. CODE ANN. § 53.123. The exception to this general rule is when the materials have been incorporated into the structure but can be removed without causing material injury to the land and pre-existing improvements or the materials or improvements themselves. First National Bank v. Whirlpool Corp., 517 S.W.2d 262, 269 (Tex. 1974); Exchange Savings & Loan Association v. Monocrete Pty., Ltd., 629 S.W.2d 34, 36 (Tex. 1982). These improvements are called \"removables.\" In other words, even if a deed of trust was filed prior to the mechanic's lien, the mechanic's lien has priority if the subject of the lien is a removable. This preference lien also attaches to materials that the supplier has delivered but which have not yet been incorporated into the improvement. In re Jamail, 609 F.2d at 1389.
1. Does a Mechanic's Lien Attach to the Item?
The first question is whether the item is sufficiently incorporated into the structure for a mechanic's lien to attach to that item. A mechanic's lien will not attach to fixtures or personal property that are not incorporated into the structure. McConnell v. Frost, 45 S.W.2d 777 (Tex. Civ. App.?Waco 1931, writ ref'd). In holding that refrigerators and ranges were not fixtures, the Whirlpool court stated that if from the circumstances \"it appears to be the intention of the party making the annexation that it shall be permanent, or that it shall so remain annexed until it has become worn out...,\" then a fixture may be considered a permanent improvement for priority purposes. Id. In Houk Air Conditioning, Inc. v. Mortgage & Trust, Inc., 517 S.W.2d 593 (Tex. Civ. App.?Waco 1974, no writ) the court found that it was the intention of the party making the annexation that the air conditioning and heating systems be permanent, and therefore, these improvements were designated as fixtures for priority purposes.
If an item is considered to be a removable, then it is unreasonable for a deed of trust to have priority over that item. In Whirlpool, 517 S.W.2d at 262, the court held that a mortgagee's deed of trust did not have priority over a mechanic's lien on removable improvements, even though the deed of trust was perfected before the inception of the mechanic's lien. The court reasoned that to allow priority over removables when there is a pre-existing lien at the time of the improvement does not adversely affect the holder of the existing lien since the secured party has the same security for its interest as it had before the improvement. Id. at 268-269. On the other hand, when labor or materials are furnished and used to complete a nonremovable, the mechanic's lien will not have priority because it would adversely affect the existing lienholder. Id.
2. Is the Item \"Removable\"?
a. Material Injury to the Structure or to the Improvement
The Property Code does not authorize the removal of any improvement which would cause material injury to the existing structure because it would adversely affect prior liens by reducing the value of the property which serves as the security for these prior liens. TEX. PROP. CODE ANN. § 53.123. Whether an improvement can be removed without material injury to the existing structure or the item itself is a fact question to be determined on a case-by-case analysis of the facts and circumstances of each case. Wallace Gin Co. v. Burton-Lingo Co., 104 S.W.2d 891, 892 (Tex. Civ. App.?Austin 1937, no writ).
The term \"material injury\" is not susceptible to a precise definition. Texas authorities illustrate that each case must be determined upon its particular facts. The general rule is that where the building or improvement is severable, a mechanic's lien will take priority over other recorded liens. However, if the nature of the improvement is such that it is merged in and becomes a part of the building or structure improved, the mechanic's lien will not take priority. Parkdale State Bank v. McCord, 428 S.W.2d 121 (Tex. Civ. App.–Corpus Christi 1968, writ ref'd n.r.e.).
In deciding whether an item is removable, the court first considers whether the materials can be removed without material injury to (1) the land, (2) the pre-existing improvements, or (3) the materials themselves. Monocrete, 629 S.W.2d at 36.
Although the determination of \"material injury\" is made upon the specific facts of a case, the general trend of the courts has been to expand the scope of items that are removable. For example, in First Continental Real Estate, 569 S.W.2d at 42, the court allowed the removal of certain improvements even though nonremovable improvements had to be dismantled to accomplish the task. The court specifically held that windows and doors could be removed by taking out the brick and trim around them. The court found that both the brick and the trim could be replaced without material damage. Id. at 47.
In a break from the trend toward greater removability, in In re Orah Wall Financial Corp., 84 B.R. 442 (Bankr. W.D. Tex. 1986) the bankruptcy court modified and attempted to narrow the definition of legal removability. The court held:
Mechanics cannot be permitted to dismantle structures piecemeal. The economic consequences are too great. Even if roofing tiles are \"removable\" as a factual matter, to allow legal removal would do little to protect the mechanic and would do great economic injury to the structure. Id. at 445-46. The Orah Wall court applied a balancing test of \"incorporation\" v. \"nonincorporation\" to determine removability. The court gave five questions to be used to define \"incorporation\" and its effect on removability:
(a) Is the item merely attached to the structure in such a manner that it is obvious that removal and/or replacement is always possible?
(b) Is the item one which is removed and/or replaced as part of the ordinary maintenance?
(c) Is the item one which is removed and/or replaced as part of the ordinary operation of the building?
(d) Is removal, while not usual, or even usually contemplated, so simple and so nondestructive of item, structure or freehold, that to deny removability (or separateness) would violate the purpose of the mechanic's lien statutes? See First Nat'l Bank in Dallas v. Whirlpool, Inc., 517 S.W.2d at 269.
(e) Is the item, though easily removable, such a part of the finished structure that no party would ever contemplate removal and/or replacement during the ordinary operation and maintenance of the building? Id. at 446. If something is incorporated, but separable under the five tests, then it is removable. Id. The court distinguished factual removability, when an item may be removed without material injury to the item itself or the structure, from legal removability, in applying the five tests.
In applying these tests, the court found that pumps, compressors, fans, plumbing fixtures, doors, light fixtures, cabinets, electrical control panels and building hardware was removable; whereas duct work, piping, sheetrock, electrical conduit, wiring, junction boxes, insulation, glass brick wall and the suspended ceiling were not.
b. Post-Removal Injury
An additional consideration for the court is the possibility of post-removal damage. Monocrete, 629 S.W.2d at 37. In Monocrete, the court held that the removal of a cement tile roof would cause material damage to the existing structure because the structure would be exposed to the elements. The court noted that the following factors should be considered in analyzing the issue of post-removal damages:
(a) the manner and extent of attachment to the land or existing improvements;
(b) the extent to which removal would necessitate repairs, modification and/or protection of the land;
(c) the state of completion of improvements under construction at the time removal is sought;
(d) and, the function of the improvements sought to be removed. Id.
In applying these factors, the court noted that the roofing tiles were necessary to prevent penetration of the elements. Thus, the tiles became an integral part of the construction of the structure. Id.
c. Economic Benefit
In dicta, the Texas Supreme Court in Monocrete stated that the determination of any economic benefit that may accrue to the materialman by removing the material is an unnecessary addition to and not a part of the material injury test. This language was criticized by the Orah Wall court and that court at least suggests that it is appropriate to consider the economic benefit, or lack thereof, to the mechanic or materialman.
3. The Expanding List of Removable Items
The improvements that have been found to be removable include the following:
(a) windows and doors that can be removed by taking out surrounding brick and trim, First Continental Real Estate, 569 S.W.2d at 42 (the improvements were capable of being removed even though the nonremovable fixtures had to be dismantled in order to sever the removables);
(b) air conditioning units and heating units, American Amicable Life Ins. Co., v. Jay's Air Conditioning & Heating, Inc., 535 S.W.2d 23 (Tex. Civ. App.?Waco 1976, writ ref'd n.r.e.); Houk Air Conditioning, 517 S.W.2d at 593;
(c) carpets, appliances, air conditioning and heating components, smoke detectors, burglar alarms, light fixtures, and door locks, Richard H. Sikes, Inc. v. L. & N. Consultants, Inc., 586 S.W.2d 950 (Tex. Civ. App.?Waco 1979, writ ref'd n.r.e.);
(d) garbage disposals and dishwashers, Whirlpool, 517 S.W.2d at 262;
(e) a rock house, R.B. Spencer & Co. v. Brown, 198 S.W. 1179 (Tex. Civ. App.?El Paso 1917, writ ref'd);
(f) pumps, compressors, fans for air conditioning and heating systems, toilets, basins, doors, windows, light fixtures, wall switches, electrical control panels, building hardware, and cabinets, Orah Wall, 84 B.R. at 442;
(g) mirrors, Occidental Nebraska Federal Sav. Bank v. East End Glass Co., 773 S.W.2d 687 (Tex. App.-San Antonio 1989, no writ);
(h) entire structure removable from foundation, Parkdale State Bank v. McCord, 428 S.W.2d 121 (Tex. Civ. App.–Corpus Christi 1968, writ ref'd n.r.e.); and
(i) pumps attached to existing machinery and foundation, Mogul Producing & Refining Co. v. Southern Engine Pump Co., 244 S.W. 212 (Tex. Civ. App.–Beaumont 1922, no writ).
Improvements that have been held not to be removable include the following:
(a) plastering and painting, R.B. Spencer & Co., 198 S.W. at 1179;
(b) lumber used in the construction of a house, Cameron County Lumber Co. v. Al & Lloyd Parker, Inc., 62 S.W.2d 63 (Tex. 1933);
(c) roof repairs, Citizens National Bank v. Strauss, 69 S.W. 86 (Tex. Civ. App. 1902, writ ref'd);
(d) window frames, McCallen v. Mogul Producing & Refining Co., 257 S.W. 918 (Tex. Civ. App.?Galveston 1923, writ dism'd);
(e) bricks utilized in the construction of a fireplace and chimney, Chamberlain v. Dollar Savings Bank, 451 S.W.2d 518 (Tex. Civ. App.?Amarillo 1970, no writ);
(f) certain types of cabinets, Houk Air Conditioning, 517 S.W.2d at 593;
(g) roofing tiles, Monocrete, 629 S.W.2d at 34;
(h) a shell home, Irving Lumber Co. v. Alltex Mortgage Co., 446 S.W.2d 64 (Tex. Civ. App.?Dallas 1969), aff'd, 468 S.W.2d 341 (Tex. 1971); and
(i) duct work for air conditioning and heating systems, copper plumbing, piping, sheet rock, electrical wiring and conduit, electromagnetic insulation, glass brick interior wall, suspended ceiling, Orah Wall, 84 B.R. at 442.
B. Who has a Claim to a Removable?
After classifying an item as a removable, it must be determined who may actually remove it. There are two conflicting lines of cases which establish who may remove a removable. One line holds that only the mechanic's lienholder who supplies the removable materials is given a priority over other liens.
Additionally, the mechanic's lien is defeated if the materials provided cannot be identified and segregated from materials furnished by others. See Kaspar v. Cockrell-Riggins Lighting Co., 511 S.W.2d 109 (Tex. Civ. App.–Eastland 1974, no writ); In re Jamail, 609 F.2d 1387, 1389 (5th Cir. 1980). The second line of cases hold that any contractor or subcontractor that has supplied materials or labor may have a preferential lien on all removables on the project, irrespective of who provided them. See L & N Consultants, Inc. v. Sikes, 648 S.W.2d 368, 370-72 (Tex. App.?Dallas 1983, writ ref'd n.r.e.); Wallace Gin Co. v. Burton- Lingo Co., 104 S.W.2d 891, 892 (Tex. Civ. App.?Austin 1937, no writ).
1. Limited Priority - Identification and Segregation Required
Several cases hold that identification and segregation are preconditions to removal. In McCallen v. Mogul Producing & Refining Co., 257 S.W. at 918, 923, the court did not give priority to a claimant for materials furnished because the evidence failed to establish that the materials supplied could be identified, so as to segregate them from similar materials provided by others.
The court in Kaspar followed McCallen and held that a claimant is required to identify the materials he supplied from materials supplied by others in order to be granted a preferential lien. Kaspar, 511 S.W.2d at 110-11. In the Kasper case, the claimant provided materials that had been incorporated into an apartment complex. Id. The claimant could not prove which apartments contained items it supplied because none of the materials had any type of identifying number or stamp. Id. at 111. Although the items were classified as removables, the court did not render judgment for the claimant since the materials could not be identified or segregated. Id.
The Fifth Circuit also follows this line of cases. In re Jamail, 609 F.2d at 1378. In In re Jamail, the court analyzed Texas law and concluded that in order to obtain a preferential lien, a mechanic's lien claimant must be able to identify the removable improvement materials bought from him. Id. at 1390. McCallen, Kaspar, and In re Jamail all support the theory that a claimant must identify the materials it supplied, so as to segregate them from similar materials supplied by others, in order gain preferential status for removal.
In Dorsett Brothers Concrete Supply, Inc. v. Safeco Title Insurance Co., 880 S.W.2d 417 (Tex. App.?Houston [14th Dist.] 1993, writ denied) the court followed this line of cases. The court found a mechanic's lien can only attach to removables to which the mechanic or materialman supplied at least some labor or materials. Id. at 423.
2. Unlimited Scope on Priority
The second line of cases describing who can remove removables state that mechanic's liens actually attach to all improvements on a project, including those supplied by others. In Wallace Gin Co. v. Burton-Lingo Co., 104 S.W.2d 891, 892 (Tex. Civ. App.?Austin 1937, no writ) the court held that the claimant was entitled to remove and sell an entire house, since the building was a removable and could be removed without materially injuring the house itself, the property, or the remaining improvements. In this case, Burton-Lingo Company (hereinafter \"Burton\") furnished some, but not all, of the materials used to construct a cotton house. Id. at 891. Burton brought suit on the balance due on the materials. Id. The court rejected the identification requirement and enforced Burton's lien based on the policies underlying the establishment of the mechanic's lien. Id. at 892. The court argued that because materialmen often do not supply all the materials on a given project, to refuse to recognize a lien on such materials would defeat the rights of the materialmen in many cases. Id. At 892.4 See also Parkdale State Bank v. McCord, 428 S.W.2d at 121, 126, 127. The court in Richard H. Sikes, Inc. v. L & N Consultants, Inc., 586 S.W.2d 950 (Tex. Civ. App.?Waco 1979, writ ref'd n.r.e.) (\"Sikes 1\") followed the reasoning of Wallace Gin and held that \"a perfected mechanic's and materialman's lien extends to all of the improvements without regard to who placed them there.\" Id. at 956. The claimant, an original contractor, furnished and installed the materials for several nonremovable improvements. His subcontractors supplied and installed the remaining materials for improvements, which were removable. The court refused to limit the scope of the original contractor's lien to the items he furnished and held that his lien extended to all of the removable improvements.5
In L & N Consultants, Inc. v. Sikes, 648 S.W.2d 368 (Tex. App.?Dallas 1983, writ ref'd n.r.e.) (\"Sikes 2\") the court further explained the proposition set out in Sikes 1. The Sikes 2 court held that an original contractor should be granted a preferential lien on the removables furnished under his contract. Id. At 371. The court stated that articles 5452 and 5459, section 1 (now sections 53.021-.023 and 53.123, respectively):
do not limit the amount of a contractor's lien to that portion of the contract price that may be allocated to removables; rather, they give him a preference lien on the removables furnished under his contract, and for which he is responsible, for the entire amount due him for the materials and labor furnished by him under that contract, even though some of the items furnished are not removable. Id. at 371. The court distinguished Kaspar by stating that there was no need to identify the specific materials supplied by the original contractor since he furnished all of the labor and materials under his contract with the owner. Id. While Wallace Gin is clearly contrary to the more modern line of cases discussed above, Sikes 1 and 2 are distinguishable because the claimant is the general contractor. Sikes 1 and 2 recognize that a general contractor's work is different from a subcontractor's role and gives the general contractor a claim on the material furnished under his contract.
IV. DISCHARGE OF LIENS
Section 53.157 lists the ways a mechanic's lien filed pursuant to the Property Code may be discharged of record.
A. Bonds to Indemnify against Liens
The purpose of filing a mechanic's lien is to encumber the property and allow the contractor to get paid from the proceeds of the sale of the affected property. But, the existence of a disputed lien will adversely affect an owner's ability to sell the property until the dispute is resolved. In an attempt to avoid allowing contractors to hold owners \"hostage\", the Texas Legislature incorporated a procedure into the Property Code that allows an owner to substitute a surety bond for the lien filed against his property. This procedure, found in Subchapter H of Chapter 53 of the Property Code, can also be used by a general contractor to remove a subcontractor's lien from the property while still retaining the right to dispute the claim. This procedure is called \"bonding around\" a lien.
1. The Bond
The first step in bonding around a lien is to prepare the bond itself. Section 53.172 lists the requirements for the bond. It must:
(a) describe the property on which the lien is claimed;
(b) refer to each lien claimed in a manner sufficient to identify it;
(c) be in an amount specified in § 53.172(3), meaning that if the lien is for $40,000 or less, the bond must be for double the lien amount, and if the lien is for more than $40,000, the bond must be for one and a half times the lien amount;
(d) be payable to the parties claiming the lien;
(e) be executed by the party filing the bond as the principal and by a corporate surety; and
(f) be conditioned that the principal and sureties will pay to the named obligees the amount they would have been entitled to if their claims had been proved to be valid and enforceable liens on the property.
It is not good practice to deviate from the statutory requirements of the bond. In Sheldon Pollack Corp. v. Pioneer Concrete of Texas, Inc., 765 S.W.2d 843 (Tex. App.?Dallas 1989, writ denied) the bond to indemnify contained an additional provision which limited the general contractor's liability. \"It is our opinion that this bond provision, because it exceeds the statutory limitations of liability, is unenforceable.\" Id. at 846.
After the bond is prepared and issued by a corporate surety, it is filed in the deed records of the county where the property is located. The Texas Property Code then provides for the county clerk to issue notice of the bond to all named obligees. In practice, I have often prepared the notice myself and just had the clerk sign it; different counties handle this different ways.
After the notice has been issued by the clerk, it must be served on all the obligees by any means authorized for service of an original petition, possibly through the sheriff or certified mail. After service, the notice with the completed return, is filed in the deed records.
After this procedure is successfully completed, \"a purchaser, insurer of title, or lender may rely on and is absolutely protected by the record of the bond, notice, and return to the same extent as if the lien claimant had filed a release of lien in the real property records.\" TEX. PROP. CODE ANN. § 53.174(b).
2. Action on the bond
The proper filing of a bond to indemnify eliminates a mechanic's lien claimant's right to file suit to foreclose its lien. The bond is substituted for the lien and is the claimant's only recourse.6
Section 53.175 provides that a party making a claim on the bond may not sue on the bond later than one year after the date on which the notice is served or after the date on which the underlying claim becomes unenforceable. As a result, a bond to indemnify can shorten the time available for a lien claimant to file suit, so it is important to be sure to consider the limitation periods in both § 53.158 and in § 53.175.
In general, a claimant must prove that its mechanic's lien was perfected before it will prevail on its claim against a bond. One exception, however, appears to be the inclusion of the \"statutory warning\" in its notice letter. In St. Paul Fire & Marine Insurance Co. v. Vulcraft, 748 S.W.2d 290 (Tex. App.–Tyler 1988, no writ), the court held that because the general contractor was the principal on the bond and the owner was not a party to the case, the failure to include the statutory warning in the notice letter to the owner did not prejudice the owner and so the notice was not deficient. Id. at 296.
3. Recovery of attorneys fees
If the claimant would be entitled to recover its attorneys fees in its suit to foreclose its lien, those fees would also be recoverable in its suit on the bond. TEX. PROP. CODE ANN. §53.172(6).
B. Bonds to Pay Liens or Claims
If a statutory payment bond, prepared and filed in accordance with § 53.201 et. seq., is of record, a claimant may not file suit against the owner or the owner's property and any lien that is filed is considered to be discharged of record. TEX. PROP. CODE ANN. § § 53.201(b) & 53.157(5). The existence of a valid payment bond covering the work a subcontractor performed on a construction project precluded a subcontractor's claims for unpaid work against the property owners, because the bond was recorded in the public records before the subcontractor filed its lien on the property, and thus, the subcontractor had constructive notice of its existence. Fondren Const. Co., Inc. v. Briarcliff Housing Development Associates, Inc., 2006 W.L. 964497, 5 (Tex. App.—Houston [1st Dist.] 2006, no pet.); TEX. PROP. CODE ANN. § 53.201(b).
C. Recording Lien Release or Final Judgment
Another way to discharge a lien is to record either a valid lien release or a certified copy of a final judgment discharging the lien. TEX. PROP. CODE ANN. § 53.157(1) & (3). A new procedure has been created allowing for an expedited determination of the validity of a lien. Under § 53.160 of the Texas Property Code, a party objecting to a lien can file a summary motion to remove an invalid or unenforceable mechanic's lien. TEX. PROP. CODE ANN. § 53.160 A hearing can be set on this issue 21 days after the claimant files an answer to the request for the hearing. This avoids a long process if the lien appears invalid on its face.
D. Passing of the Statute of Limitations
The applicable statutes of limitations determine a claimant's deadline to sue on the lien. If the applicable statutes of limitations contained in TEXAS PROPERTY CODE § 53.158, § 53.175 or § 53.208 passes without suit being filed, the lien is considered to be discharged of record. TEX. PROP. CODE ANN. § 53.157(2). Generally, that period will pass in one to two years depending upon the type of project and the date of the project's completion.
E. Indemnifying the Title Company
Another way to allow for the sale of assets in the presence of a mechanic's lien is to agree to indemnify the title company from any loss it may suffer as a result of the lien. This is a non-statutory option so it must be negotiated directly with the title company; but with adequate security, title companies are occasionally willing to consider this option.
1 Elizann Carroll made significant contributions to the content of this paper. Ms. Carroll's
work in this regard is greatly appreciated.
2 In an opinion styled In re Huber Contracting, Ltd., the Bankruptcy Court for the Western District of Texas held that the section of the Texas Property Code giving holders of perfected mechanics' liens "preference over other creditors" of the principal contractor does not accord subcontractors and suppliers a priority over the contractor's secured creditors. 347 B.R. 205, 221 (Bankr. W.D. Tex. 2006). This opinion appears to be contrary to the plain language of Section 53.121 of the Texas Property Code, as well as one hundred years of substantive case law. Additionally, the Fifth Circuit in In re Waterpoint Intern. LLC, does not agree with the proposition in Huber Contracting. 330 F.3d 339, 342-45 (5th Cir. 2003). Nonetheless, this case must be given thorough and fair consideration due to the extensiveness of the analysis provided by the Bankruptcy Court for the Western District.
3 The doctrine of after-acquired title may operate to expand the interest to which the lien has become attached if the owner later acquires a greater interest in the property to which the lien attaches. Blaylock, 576 S.W.2d at 806.
4 Recently, the Dorsett court recognized the holding of Wallace Gin and stated that it \"read
Wallace Gin to hold that a contractor need not supply all of the materials for an improvement to be able to execute a lien on that improvement.\" Dorsett, 880 S.W.2d at 423.
5 The court in the Dorsett opinion limited the scope of the Sikes 1 holding and stated that it interpreted Sikes 1 to hold that a preferential lien only extends to the \"improvements supplied by the lien holder, regardless of who actually placed the improvements on the property . . . . [T]he fact that a contractor used subcontractors to supply labor and materials to improvements did not prevent its mechanic's lien from reaching those improvements.\" Dorsett, 880 S.W.2d at 423.
6 In a prior version of the Property Code, the language suggested that if a mechanic's lien claimant filed suit to foreclose its lien within 30 days of receiving notice of the filing of a bond to indemnify, it could maintain its action against the property. In the 1989 revisions, that language was eliminated.
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Yachting & Boating World: Sailor Roger Pratt was murdered onboard his yacht in St Lucia earlier this year. The widow of yachtsman Roger Pratt is concerned she could have to wait up to five years before the four men accused of his murder go on trial.
In an interview with the Telegraph, Margaret Pratt, 60, describes how she's become increasingly frustrated with the "delays in the judicial process" in St Lucia, despite an "impressive" response to the case initially.
Mrs Pratt and her 62-year-old husband had been moored in the commercial port of Vieux Fort when intruders attacked them on board their 41ft yacht Magnetic Attraction in January.
Mr Pratt died trying to defend his wife and Mrs Pratt was later treated in hospital for cuts and bruises following the incident. Speaking earlier this week, she said: "Initially it was very impressive, the Royal St Lucia Police really put a lot of effort into getting evidence and preparing the case.
In a statement, the Office of the Director of Public Prosecutions (DPP) denied that the legal process had "stalled" but did admit that they were dealing with a "backlog" of cases.
"While I understand Mrs Pratt's frustration, one has to get an understanding of how the criminal justice system works and take into account the available resources," they said. "The office of the DPP has the responsibility to prosecute criminal cases before the courts. Currently there is a total of over 2,000 cases in the high court and these cases are dealt with according to antiquity.
Since the death of Mr Pratt in January, the four men charged with his murder have appeared in court for a number of pretrial hearings and are due to attend a hearing today (31 October) regarding robbery charges.
The defendants were committed for trial over the murder charges on 17 October and the matter was adjourned to 6 February 2015 for the crown to report on the indictment.
Motorboat & Yachting: BMF Scotland, RYA Scotland and Scottish Canals are all involved in the new tourism drive.
The BMF hopes to turn Scotland into a "first choice" destination for boatowners by 2020, as part of a new tourism campaign. To this end, a group of nine industry bodies, including RYA Scotland, Scottish Canals, Sail Scotland and VisitScotland, have drawn up a new Marine Tourism Strategy for Scotland.
As part of their research, the group found that the boating industry contributes £366million per year to the Scottish economy. However, it is believed that this number could be increased significantly and the report calls the Scottish marine industry a "sleeping giant".
The overall aim is to transform Scotland's reputation as a boating destination by 2020, with an emphasis on high quality and value for money. The report claims that Scotland has "some of the world's most beautiful and varied boating waters".
Examples given include Portavadie Marina (pictured above), which was extensively upgraded last year and benefits from 70ft berths and deep waters, thanks to its man-made lagoon setting.
Boat owners are encouraged to contribute to the Marine Tourism Strategy for Scotland by completing BMF Scotland's online survey.
To read our feature on why moving your boat to Scotland could be the best decision you've ever made, pick up the December edition of MBY, which is out 6 November.
Motorboat & Yachting: The 2014 edition of the Biograd Boat Show has been hailed by organisers after more than 14,500 visitors flocked to the Croatian town.
The 16th annual Biograd Boat Show drew to a close on Sunday (26 October) with the organisers celebrating a record-breaking success.
The four-day exhibition, which recently joined the International Federation of Boat Show Organisers, had a record of 275 exhibitors from 13 countries. A total of 291 vessels were exhibited, ranging from 2-20m, including over 100 used boats.
The show was extremely well attended, with over 14,500 visitors boosting the usual 5,000 population of the nautical town of Biograd, which has 1,500 registered vessels. Exhibitors such as Bavaria, Absolute, Linssen, Targa and Riva were present, while local boat builders Mirakul and SAS-Vector promoted Croatian boatbuilding.
But it was Elan who exhibited the largest number of boats, with twelve vessels from the Croatian manufacturer at this year's show. The show has greatly increased in size to include new features such as the Yacht Charter Information Centre, providing information for visitors on Croatian yachts for charter.
Meanwhile, the latest models of recreational vehicles and mobile homes were displayed in Camping Corner. Renowned for offering a great boat show experience, the intimate town of Biograd is proving increasingly popular.
Local hotels, restaurants and bars opened their doors to the nautical visitors, offering artisan food and drink from the region. Particularly appreciated was the pontoon bridge linking the main marina with Marina Kornati West, allowing guests to pass between them while afloat.
Free tours for visitors were offered on Biograd's 36m event ship Nada, as well as RIB rides, and semi-submersible submarines. Live music and other entertainments continued into the early hours, with many visitors travelling from neighbouring European countries to attend.
With tickets costing under £5 a head (free for children under 14) and UK flights direct from London Stanstead, the international draw of the Biograd Boat Show looks set to increase next year.
Motorboat & Yachting: The tail end of Hurricane Gonzalo provides a testing afternoon for the Princess 43.
We've done it, we have finally tested the Princess 43. It's been on the hit list for some time and with our colleagues in the marine press showering it with praise, we thought it was about time we had a go.
The one we tested was a bit special, too. Princess now offers the 43 with a pair of Cummins 6.7-litre 550hp engines, our test boat being one of the first to have this option. This gives you 230 extra horsepower over the standard Volvo Penta D6 435s but, more importantly, around 1,000lb/ft more torque in total.
In the sloppy sea conditions we had in the wake of Hurricane Gonzalo that torque was very welcome indeed. The big swell and foaming crests had us down to the 15-knot trudge that planing boats usually hate but huge dollops of torque meant hoisting the boat out of troughs and up the back of waves was comically effortless.
In calmer water, the pick-up from standstill was sensational and would leave a fair number of rather shouty sportscruisers staring at the 43's transom.
Although, technically, the 43 is a new model it is also a development of the 42, a boat which Princess made over 300 of. So it's fair to say it is good at building these things by now and that shows in the execution of the build and attention to detail. It is an exceptionally well-rounded product.
The two cabin, two bathroom layout is traditional and tried and trusted but still works well, even in an age when the competition are fitting full-beam master cabins to boats of this size.
Although the boat has been around for a while in one guise or another, this proved to be an intriguing test both thanks to the weather and the uprated engines. Read the full report in a future issue.
Pratical Boat Owner: 'Maintaining the status quo is not an option', says Guernsey Harbours director. Guernsey Harbours will undergo an £80million overhaul over the next 10 years to ensure it remains 'fit for purpose', it has been announced.
The self-financing scheme needs to come from new funding and includes proposed changes to pricing at St Peter Port and St Sampson's. A £110million hydrocarbon supply facility to be built at St Sampson's has also been announced, although this funding has been ring-fenced by central government.
He said: 'We all accept that investment is needed to upgrade our tired harbours and that our marinas are amongst the cheapest in the UK: however, we don't have the facilities here to justify higher prices.
A #MyHarbours initiative has been launched to enable harbour users and islanders to have their say on the proposals.
An online survey will run until 17 November, 2014. It contains 18 questions and should take no longer than 10 minutes to complete.
Guernsey Harbours expects to publish its recommendations in the March 2015 Billet d'Etat for debate by the States of Guernsey on 25 March 2015.
A series of user group meetings and drop in sessions for the public will be held between now and the end of November to gather as many views as possible.
Motorboat & Yachting: German boat show Hanseboot in Hamburg has enjoyed a bumper opening weekend and has reported strong visitor numbers for its opening weekend (25-26 October).
The German show, which is in its 55th year, saw around 24,000 visitors pass through its doors on the first two days alone. The event runs at the Hamburg Messe centre until Saturday 2 November, and this year's theme is 'Northern Waters, Northern Lifestyle'.
Boats on show at the event range from eight to 56 feet, with larger craft on display at the nearby City Marina, which can be reached by a free shuttle bus service. Highlights include the Fairline Targa 44, which is capable of 38 knots, and the Elling E3, which is worth upwards of £530,000.
Yachting Monthly: A marshland marina is up for sale at just under £2 million. Bridgemarsh Marina on the rural River Crouch in Essex has nearly 200 berths and the freehold of the river.
Motorboat & Yachting: Fairline has announced that it is gearing up for a new product range, following the appointment of two senior engineers.
British boatbuilder Fairline has dropped a huge hint that it will be launching a new range of boats in the near future. Announcing the appointment of two senior engineers today (24 October), the company claimed that it is preparing for "an extensive new product introduction programme". Fairline was one of the few major manufacturers not to launch a brand new model at last month's Southampton Boat Show (12-21 September).
However, the appointment of Stefan Whitmarsh as head of engineering and Ben Harrison as engineering manager suggests that something new is on the way. Mr Whitmarsh in particular has previous with new launches, as he was project manager for the launch of the first Sunseeker 155, Blush.
Motorboat & Yachting: RYA members can get £8 off tickets to the London Boat Show, where the RYA will be running its Active Marina Experience workshop.
With a little over two months to go until the 2015 London Boat Show (9-18 January), the RYA has started to firm up its plans for the Excel Centre boating extravaganza.
The boating organisation has confirmed that its members will be able to get an £8 discount on the standard and preview day entry price of £20 per adult. For 2015, the RYA will be exhibiting on stand D016, where showgoers can get advice and information about all aspects of boating.
Next year's show will also see the return of the Active Marina Experience workshops, which offer top tips from expert instructors and a chance to refresh your boating knowledge. Finally, the RYA members' lounge will also be continued, with the Platinum Suite offering an exclusive area for members to relax with a drink and escape the crowds.
Advance tickets for the 2015 London Boat Show are on sale now, starting at £10 per adult for Monday, Tuesday or Wednesday tickets. Under 16s go free and concessions are available for over 60s and group bookings.


Dan Little Residence Hall has more than 62,000 feet of living space for students and faulty families. The Great Hall located on the ground floor has the capacity to seat 500 people and serves as the dining room and study area for students. The basement provides a space for relaxation with billiard and game tables, as well as serves as a storm shelter. An addition to residence hall was completed in 2011, providing 48 new dorm rooms and four additional faculty apartments. The Dan Little Residence Hall can accommodate 300 students in the four towers.


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Review: The Sensemaker at Zoo Playground
Review: Late Night Lip Service at the Gilded Balloon Rose Theatre
Review: Neneh Cherry at Leith Theatre
Victoria's Secret History
Jenny Saville "Why would you not want the whole of society represented?"
Review: Egg at Summerhall
Brainiac Live!
August 1, 2018 @ 11:00 am – 12:00 pm
Underbelly, Bristo Square - McEwan Hall
Teviot Place
EH8 9AG
There's a "don't try this at home" warning as the West End hit show based on the award-winning TV series brings an explosively entertaining set of experiments to the stage in the name of science education.
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Edinburgh Festivals Magazine has been in publication for 11 years and has a readership of over 250,000 across the UK. You can find us in all major retailers including Asda, M&S, WH Smith and Waterstones. In its online form, edfestmag.com acts as one of the major reviewing publications for all Edinburgh Festivals.

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There are plenty of speculations about the time of the origin of yoga. But, there can be no speculation about the role yoga plays in the improvement of one's health. If you are practicing yoga for some time then you know the benefits. But, if you are not then in this article you will why should take up Iyengar yoga Montreal immediately. Recently, western scientific researchers have got some clues on how yoga has the potential of improving the health and lifestyle of everyone. After you get know these potentials by yourself, you will be more motivated to step on to the mat and start doing yoga practices and you will not have to rely on western scientific researchers to tell someone how yoga can be beneficial to them because they will see the live evidence in you. So let's get started. Here are some benefits you will get after you take up yoga.
Improvement in Flexibility of the Body - One of the first-hand and obvious benefits of Iyengar yoga is the flexibility. Let me get this straight, when you start your yoga, on the first day you will not be able to touch your toes or bend your back. But, if you keep it going for some time then you will feel a gradual loosening and eventually the poses which you felt impossible will become possible for you.
Increases Muscle Strength - If you are gym-goer then you will gain muscle strength by lifting weights. But, you will gain it at the expense of flexibility. When you build muscle strength with the help of yoga practices then you will be able to balance it through flexibility. Strong muscles protect us from arthritis and back pain. It also helps to prevent falls in elderly people. Thus, strong muscles will provide you lots of benefits other than looking good.
Increases your Blood Circulation - Yoga enhances the blood circulation in your body. If you perform the relaxation exercises then you will see how yoga can be beneficial when it comes to increasing your blood circulation in the hands and feet. Yoga helps you to bring more oxygen to your cells, which in result starts to function better. When you perform a twisting pose, the venous blood comes out of the internal organs and the oxygenated blood flow in. Poses such as headstand, shoulder stand helps to the venous blood from the legs and pelvis to flow back to the heart.
Consult Your Doctor - If there is any advice in a video then it is not a replacement for medical advice. If you are pregnant or have any variety of medical difficulty or distress, or have had any injuries or difficulties in the yore, or any different situation that may be badly harmed by exercise, like neck or back problems, high blood pressure, etc., please get diagnosed to your doctor before exercising yoga asanas or breathing workouts to conclude whether and how you can exercise carefully. Not all shows in a video are fitting for everyone.
Listen to your body - In accordance to attain the most interests and diminish your opportunity of distress, forever listen attentively to your body. This is the most critical law. Be very conscious of how your body responds as you exercise the asanas. Go simply as far as you can outwardly extending or overstretching.
Don't Use Force - You should never push your body into any condition, nor should you let someone other do so, not also an asana "master." Everybody has a limit. If it goes beyond the limit then it must have some implications on the body. Sometimes it can have devastating effects. Thus, pushing your body forcefully beyond the limits is an act of utter foolishness.
Never Compete - An aggressive attitude or attempting to impress others can make you stretch or twist more often than not. This is a gambling that you ill effort to take. As I said earlier, everyone's body has different limits. When you are competing with someone, you are forcing your body to go beyond your actual capability and it could lead you to irreparable damages. Thus, you should not be looking to impress others while doing yoga practices.
Yoga is the art and science of skill in action, bringing poise to the soul from which derives the possibility to look at all life with equanimity. Yoga is union, binding, attaching, yoking and joining to direct the senses from outward to inward so that we may better understand ourselves and the measures we can therefore take to better the world we live in.
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Q: How to get value of first column when selecting a row in datagridview c# I want to store on a variable the value of the first column of a row whenever I click on a cell.

A: You can try this code :
private void MyDataGrid_CellClick(object sender, DataGridViewCellEventArgs e)
{
    var val = MyDataGrid.Rows[e.RowIndex].Cells[0].Value;
}

Hope this help you.

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Tips on travelling to Sri Lanka from Yvonne Habeeb
After a 10-year career in the financial services I eventually bit the bullet and left the UK to embark on a three month journey. I travelled to South America, fulfilling some of my childhood dreams. I went to work overseas for the award-winning experts, Kuoni Travel, taking up positions in Switzerland, Egypt and the Maldives, where I worked on a total of 8 resorts before a couple of years of working back in the UK in the product division at Kuoni HQ.
Returning to the Maldives for a short time, my work took me back to Sri Lanka, where I have remained now for the last five years and regard it as my adopted home!
Working with clients, I love to impart my knowledge and lead people in their pursuit of discovery! There is so much to see and do in Sri Lanka, many clients return year after year to re-visit a special place or discover new secret hideaways.
How well do you know Sri Lanka?
I've been living in Sri Lanka for the last 5 years, and was a regular visitor whilst living in the Maldives for 8 years. We've offered tours and hotels through our sister DMC, and feel I know the country very well, although there is so much to offer in terms of incredible diversity and still so many off-the-beaten-track-adventures!
What is the appeal of Sri Lanka for travellers?
The diversity. You can start from a balmy beach on the west coast and within 6 hours, with a lot of beautiful vistas en-route, you can be in a climate 20 degrees cooler, amongst misty mountains! The number of Cultural and Heritage sites is outstanding, with a total of eight UNESCO World Heritage Sites. Tours are an amazing offering to clients, with so many fascinating and beautiful locations to experience. Wildlife on the island is also fantastic. A total of 14 national parks means a high density of the elusive leopard, mighty elephants, sloth bears, brown bears, dear, a huge diversity of reptiles, birds, and butterflies perfect for animal and nature lovers. not to mention of course, whale watching! – active from the north of the island from May to September and November to April in the south. The cities are eclectic and vibrant with generations of mixed ethnicities lending their own cultures to the melting pot that is Sri Lanka. Year-round there are arts and festivals and international events. The choice of accommodation also suits budgets from shoestring to luxury.
When is the best time to visit Sri Lanka?
Year-round. I don't say that lightly, but there really are events and activities throughout the year. The typical tourist season is from November to April. However, the Southwest monsoon that hits most of Asia from around May, does not really happen anymore. It's either late afternoon or early morning when a cooling shower will appear, otherwise the weather is hot and balmy! Some activities are seasonal, like whale watching, otherwise you can pretty much do anything, all year round.
Anything special I should pack for travel to Sri Lanka?
Mosquito repellent, and after-bite cream are essential. Hydrocortisone cream can be bought here, but no longer antihistamines. Light, cotton clothing is a good idea, but just remember that if you're travelling around the country you should pack some more conservative attire like long-sleeved cotton blouses, skirts, long shorts, and dresses - aside from that comfy and cool is the object of dressing in Sri Lanka! Sarongs are a good idea. Keep them in your bag at all times as they can be used as a head cover when visiting temples and protection from sunburn! Also, don't only rely on beach flip-flops trainers are great for hikes and getting about where you need something a little sturdier on your feet!
What's the best way to get around?
The vast majority of visitors to Sri Lanka opt for a tour, and/or beach stay, booking vehicles through their travel agent. Registered vehicles for tourists are well maintained, come with AC, and are new models able to comfortably transport between two and twelve people for small groups, or even large coaches where necessary. Your travel agent will work out the cost of vehicles for a tour, and often the driver is a chauffeur/guide who will stay with you throughout the tour. Drivers will have their own, separate accommodation organised by the agent and these costs will be covered by the agent.
Travellers coming independently prefer to take local buses, trains, and tuk-tuks - all of these are cheap and connect the island very well. However, take note that if you choose this route you should plan your trip in advance and be prepared for overcrowding! Domestic flights are now also available now!
Domestic flights are now also available now. Visitors often miscalculate the long distances involved in getting from one place to another, although there are now some good highways connecting the main cities, but can still be time consuming. If tours are for a short number of days or long car journeys aren't your thing, domestic flights are perfect alternatives!
What are your top three attractions?
The Cultural Triangle is Sri Lanka's most visited area, which includes the country's main cultural and heritage sites: the UNESCO World Heritage sites of The Sacred City of Anuradhapura, Ancient City of Polonnaruwa, The Sacred City of Sigiriya, Dambulla Cave Temple, and Temple of the Tooth Relic in the city of Kandy. These are the most visited sites, particularly on tours. After the Cultural Triangle people like to travel up into the hills, through the tea plantations, and up to Nuwara Eliya, the hill town. Then comes the UNESCO World Heritage Site of Galle Fort on the southern tip of Sri Lanka. These, I would say, are the main three, but there really is so much to see!
Anything or anywhere travellers should avoid in Sri Lanka?
The same precautions taken anywhere in the world should also be taken in Sri Lanka with regards to personal safety and possessions. Although we all like to feel we can travel where and when we like in this world, sensible care and attention should be given when travelling alone, using public transport, and particularly as a woman.
Anything I should be aware of as a visitor in terms of local customs/traditions?
Sri Lanka is made up of Buddhists (70 percent), Tamils, Muslims, and Christians, and there are many customs and festivals going on year-round to celebrate all ethnicities and religions. As a result, it gets pretty colourful and noisy in Sri Lanka! Visitors should always expect the unexpected and be respectful of all religions, wear appropriate clothing on visits to temples and heritage sites as directed.
How safe is Sri Lanka? What safety measures would you advise visitors take?
Sri Lanka is generally a very safe country, but travellers should take precautionary measures as they would anywhere, but women should avoid traveling alone at night, and be aware of surroundings on crowded public transport.
Would you recommend Sri Lanka as a destination for families travelling with kids?
Absolutely! Sri Lanka is great for families with children. With great beaches, wildlife, and the educational history and culture there is so much for youngsters to get involved in. Additionally, the hotels also cater to children: there are children's clubs and special events, and particularly good ones can be found at the beach resorts!
What are your favourite restaurants in Sri Lanka?
Colombo has some great new restaurants serving all manner of international cuisine! Colombo is an amazing city with so many places to eat, namely, Noodles at Cinnamon Grand Hotel, RARE at Uga Residence, and, if I were to pick a local offering, you can't go wrong with the fantastic seafood served up at the Wadiya Beach Restaurant, found on Marine Drive, Colombo!
What are the best souvenirs to buy in Sri Lanka?
Visitors will find so much on their travels! Best buys are probably the gem stones, particularly sapphires mined on the island. For gifts that are easily transported, visitors should buy the little wooden elephants and colourful sarongs sold by the beach sellers who work hard plying their trade along the sand and the goods are pretty good quality too!
Is Sri Lanka expensive?
Local food and products are not so expensive, but Sri Lanka is an island after all so a lot of goods are imported. This means some things can be pretty expensive, especially imported food and drink items.
Which Sri Lankan city is your favourite?
Nuwara Eliya, for a cool, misty break from the heat of the coast!
Is there anything else about Sri Lanka you think travellers should know?
Come to Sri Lanka with open hearts and minds, and a sense of adventure! Expect the unexpected and if you're not yet patient, you will be by the time you go home!


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Enact Law Legalising 'Amotekun', Falana Urges South-West Govs
Human rights lawyer, Femi Falana, on Tuesday, urged governors in the South-West to enact laws to legitimize operation 'Amotekun'.
Falana, who made this call during a media briefing in Lagos, urged the governors to forward a bill to the house of assembly of their respective state for the formation of Amotekun.
He said the absence of an enabling legal instrument for the establishment of Amotekun has been responsible for various divergent views expressed by different groups.
The statement reads: "Even though I had cause to join issues with Mr Malami over his legal opinion on the security outfit, I was compelled to call on each of the south-west governors to forward a bill to the house of assembly of each state for the formation of Amotekun.
"In the absence of an enabling legal instrument for the establishment of Amotekun, various interest groups in the country have continued to express divergent views on the needless controversy, that has trailed the official inauguration of the security outfit.
"Apart from those who are strenuously opposed to Amotekun, the concerned people in the south-west zone who have embraced the security initiative are entitled to know the law setting it up.
"Therefore, the attorneys-general in the states in the south-west zone should be saddled with the urgent responsibility of ensuring that the enabling laws for Amotekun are enacted by the respective houses of assembly without any further delay.
"However, the federal government should not resort to force or self-help in resolving the constitutional dispute.
"In a society where the rule of law prevails, self-help is not available to the Executive or any arm of government.
"In view of the fact that such conduct could breed anarchy and totalitarianism, and since anarchy and totalitarianism are antitheses to democracy, courts operating the rule of law are under a constitutional duty to stand against such action," he stated.
Amotekun
Falana
Trump's Impeachment Trial Commences Amid Clash Over Procedure
Akpabio Remains APC Candidate For Senatorial Rerun, Says INEC


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Python Archive & sFTP Script
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Features
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* Archives files to directory
* Uploads to sFTP server and then removes file

redpajama_set_name: RedPajamaGithub


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PlayStation's new VR controllers will feature adaptive triggers and haptic feedback
The futuristic controller design will allow for some new ways to play.
Image: KnowTechie
Sony recently announced its plans for a VR headset for the PS5. Now, a new PlayStation Blog post has revealed the design for the controllers that will be coming with the headsets, and man, do these things look cool.
The new controllers are a 2-piece design, with matching pieces in each hand. They are a spherical design with ergonomics being the highest priority. The controllers are designed with freedom of movement in mind, allowing game makers to have a lot of different possibilities for controller movement.
Each VR controller (both left and right) will have adaptive triggers, like the ones found on the DualSense PlayStation controllers. Additionally, the controllers will offer haptic feedback, making every encounter in a VR world unique and exciting.
Another cool feature of the VR controllers from PlayStation is finger-touch detection. These controllers can feel where your fingers are placed without having to press down. This could lead to almost infinitely different ways for the controllers to be utilized.
Still no word on when we'll see the new PlayStation VR headset
Senior Vice President, Platform Planning & Management of PlayStation Hideaki Nishino said in the blog mentioned above, "Our new VR controller speaks to our mission of achieving a much deeper sense of presence and a stronger feeling of immersion in VR experiences. It will build upon the innovation we introduced with the DualSense wireless controller, which changed how games 'feel' on PS5 by unlocking a new way to tap into the sense of touch. Now we're bringing that innovation to VR gaming."
While there is still no timeline on when we can expect the new VR headset from PlayStation, Nishino did mention in the blog post that the company will put prototype machines in the hands of developers "soon." Though it most likely won't be this year, hopefully, the new PlayStation VR headset hits the market pretty soon.
Sony is giving PlayStation gamers Horizon Zero Dawn and 9 other games for free
The PS5 is flying off of shelves faster than any console has before
Don't expect a VR headset for the Xbox Series X|S anytime soon
Xbox is going to win the console war without even selling any games
Just a heads up, if you buy something through our links, we may get a small share of the sale. It's one of the ways we keep the lights on here. Click here for more.
Related TopicsGameTechieNewsPlaystationplaystation 5PlayStation VRPSVRVR controller
More in #GameTechie
Master & Dynamic used only the highest quality components in the MG20.
Sony doesn't expect to lose Call of Duty after Microsoft's Activision Blizzard acquisition
Call of Duty probably won't become an Xbox exclusive.
Google Play Games for Windows is finally rolling out in select countries
Android games are coming to your Windows desktop.
Here are the games you absolutely need to look out for in February
There's a huge variety of titles launching in February.
What happens to Call of Duty now that Microsoft owns Activision Blizzard?
Will you have to buy an Xbox to play Call of Duty in the...
Microsoft's acquisition of Activision Blizzard means Sony will have to start playing ball
Sony is going to have to play ball or lose Call of Duty.
Microsoft is buying Activision Blizzard, makers of Call of Duty and more
This wasn't on my Bingo card.
Does the Steam Deck have expandable storage?
Games are getting bigger and you can never have too much storage.
Intel has hired the 'I'm a Mac' guy to throw shade at Apple
YouTube Shorts is now rolling out for everyone in the US


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My Mountain Town
Classifieds Terms of Service
Mountain Secrets Blog
Join My Mountain Town
Business/Advertising
Expert Local Weather
285 Denver to Grant
285 Jefferson to South Park
I-70, 73 & 74 Golden to Evergreen
I-70 Evergreen to Eisenhower Tunnel
Idledale
CenterForTheArtsEvergreen
https://evergreenarts.org/
Location/City
31880 Rocky Village Dr, Evergreen CO 80439
Open Monday-Friday 10 A.M. - 5 P.M.
Saturday 12 - 5 P.M.
[url=https://www.facebook.com/CenterForTheArtsEvergreen]Like us on Facebook[/url]
[url=https://twitter.com/CAEEvergreen]Follow us on Twitter[/url]
Shop Local at the CAE Gift Shop for the Holidays! Area Non-Profits & Service Organizations 11/28/2020 14:53:30
Give Where You Live in the Mountains - CO Gives Day December 8, 2020 Area Non-Profits & Service Organizations 11/17/2020 17:02:48
Shop our Maker's Market now through July 18th! Community News, Events, and Calendar 06/15/2020 20:27:38
Event Cancelations due to Coronavirus Precautions The Campfire 03/13/2020 15:22:17
School & Business Closures and Delays The Campfire 02/07/2020 09:39:16
Festival and Special Events Coordinator Mountain Area Jobs & Employment 01/18/2020 17:35:20
Colorado Gives Day December 10, 2019 - Give Where You Live! Area Non-Profits & Service Organizations 12/02/2019 17:33:41
Delays and Closures for October 30, 2019 The Campfire 10/30/2019 07:11:45
Upcoming Classes at Center for the Arts Evergreen Community News, Events, and Calendar 08/23/2019 16:45:38
Opening: Executive Director, Center for the Arts Evergreen Mountain Area Jobs & Employment 08/12/2019 16:43:14
2019 Summerfest by Center for the Arts Evergreen - July 20-21 Community News, Events, and Calendar 07/19/2019 15:00:24
Center for the Arts Evergreen's Annual 120 for $120 Fundraiser Community News, Events, and Calendar 03/29/2019 15:36:14
ProfileWall
Let's Build Something Special and Foster the Arts in Evergreen, CO
Center for the Arts Evergreen building fund will hold a drawing for a 2017 Ford Explorer and a Mountain Bike voucher worth $3,500. $25 gets you a ticket. $50 for 3 and $100 for 7. Plus you'll support a great cause! Do it. Then share it so we can hit our minimum needed for the awards: evergreenarts.tapkat.org/2017explorerdrawing/
Drawing Date: Dec 29, 2016
Drawing Time: 6:00pm MST
Drawing Location: Center for the Arts Evergreen
32003B Ellingwood, Tr.
Center for the Arts Evergreen is proud to announce that a future home for the center was purchased in 2015 and has received a Historical Designation from Jefferson County. Part of the building was the original Soda Creek school house which dates back to the late 1880s and later became The Bergen Park Church (located on Hwy. 65 in Bergen Park, Evergreen). Slated for demolition, our preservation of this building was a compelling reason to choose this the site for the new Arts Center. The historic integrity of the building will remain, while creating a community focused arts and arts education facility.
We are proud to have preserved this part of Evergreen's history. The $1.5 million project will provide CAE a state-of-the-art facility. The renovation of the existing structure will include will include 5,000 square feet of enhanced instructional, studio, and modern gallery space, artistic programming for families, live performance space, gift shop, reception, and administration offices. Help build a permanent home for CAE to build community through the arts for years to come. The new Center will provide a forum for public outreach and programs, and will offer quality community space to engage residents in our mountain communities.
See our website: www.buildourvision.org
MyMountainTown
coniferchambercommerce
ScienceChic
© My Mountain Town (new)


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UI: Graduate benefits will continue despite bargaining reform
Jeff Charis-Carlson
jcharisc@press-citizen.com
Graduate employees at the University of Iowa will continue to receive competitive benefits packages despite any changes to the state's collective bargaining law, according to a statement released Tuesday by the dean of the UI Graduate College.
"UI values the work of our graduate students and the contributions they make to the undergraduate teaching mission and the research and scholarly mission we value so highly," John Keller wrote in the statement. "The Graduate College is committed to providing support and services to help our students be successful in all aspects of their graduate careers."
Previous coverage:
Iowa public employees' unions oppose bargaining changes
'Everything is on the table' for collective bargaining debate in Iowa
UI professors discuss nuts and bolts of unionization
In a phone interview Wednesday, Keller said he has received many messages from faculty and graduate students about the upcoming debate in the Iowa Legislature concerning Chapter 20 of the Iowa Code, which outlines the list of mandatory topics for collective bargaining.
In recent years, various proposed reforms to Iowa's collective bargaining law have gained support in the Republican-controlled Iowa House of Representatives, only to be blocked in the Democrat-controlled Iowa Senate. With last year's election giving Republicans control of both legislative chambers as well as the governor's mansion, changing the collective bargaining law has become a priority at the Statehouse.
For the institutions overseen by the Iowa Board of Regents, those proposed changes could affect various unions representing graduate student employees and health care staff members at UI as well as faculty members at the University of Northern Iowa.
Representatives from the Campaign to Organize Graduate Students, UE Local 896, have been seeking assurances from UI officials that — whatever legislative changes may be made this year — the university's 2,600 graduate employees can expect at least to maintain the current level of overall salary, tuition remission and health care benefits.
"We wanted to know what university and regents will do if (lawmakers decide to give them) unilateral control over the benefits that we currently bargain over," said Landon Elkind, president of COGS and a graduate student in philosophy.
Elkind described Keller's statement as "significant," but he said union leaders are seeking further clarification because they worry that Keller "might be overruled by his higher-ups."
COGS has been negotiating two-year contracts with UI and Iowa Board of Regents officials for nearly 20 years without requiring outside arbitration, Keller said. The resulting benefits package has helped "place the university at the top of our peer group" for overall graduate employee compensation.
"UI must continue to offer a competitive employment package including salary and benefits in order to remain competitive for the recruitment of high quality students," Keller's statement reads.
Members of UNI's faculty union held a rally last week in Cedar Falls to speak out against any changes to the state's collective bargaining law.
"The loss of our contractual protections could enable current and future administrations to impose unilateral decisions in a multitude of areas," said Joe Gorton, president of United Faculty and a UNI professor of criminology.
It's been 43 years since Iowa's Public Employment Relations Act was passed with bipartisan support and signed into law by a Republican governor. The legislation was a trade-off in which public sector workers gave up their right to strike in exchange for a system of binding arbitration to ensure their employers live up to collectively bargained contracts.
The faculty at UNI voted two years later to organize through the College Bargaining Congress of of the American Association of University Professors.
"There has not been a single public sector strike since Chapter 20 was enacted in 1974," according to a recent report issued by the UI Labor Center. "On this measure, Chapter 20 has so far achieved a 100 percent success rate,"
In addition to COGS and United Faculty, the regents and universities also are in contract negotiations with Service Employees International Union, Local 199, and American Federation of State, County and Municipal Employees locals 12 and 61.
Reach Jeff Charis-Carlson at jcharisc@press-citizen.com or 319-887-5435. Follow him on Twitter at @JeffCharis.


The undersigned request that the restoration or redevelopment of Memorial Auditorium be decided by a public, transparent request for proposals (RFP) process that is overseen and evaluated by a committee of Burlington citizens.
When confronted with decisions that will have long-lasting impacts, we look to the council's leadership to bring the city together to deliberate.
We ask that you turn to a crucial Burlington resource — it's residents — in evaluating Memorial Auditorium's future. Burlington is a city of innovative, driven, and civic-minded individuals and organizations who have demonstrated, time and time again a willingness to serve each other and contribute to our community's well-being. They stand ready to help chart Memorial's future.
Memorial Auditorium has been home to valued community programs, an historic legacy as a memorial to our nation's veterans, the primary city-owned infrastructure for the performing arts, and a treasured and nationally significant all-ages music venue.
Its unique architecture and multi-use spaces make Memorial a physical and emotional asset to our community—an asset too valued to have its future be constrained by an individual vision or the lack of an open, public process.
An open RFP process will bring to light investment opportunities and community needs that may otherwise be overlooked.
An open RFP process will encourage local organizations to collaborate in ways that strengthen our social capital and makes our city stronger.
An open RFP process will help chart the future of the city in a way that builds on the city's rich history of civic engagement, and public deliberation.
Thank you for doing what you've been elected to do: Ensure that an open, democratic process determines the future of the city's key public assets.
Photo courtesy Special Collections, University of Vermont Libraries.
Filed under Equity & Transparency, Placemaking & Planning.
Tagged Fair Development, Memorial Auditorium, Rights and Democracy.


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Nuclear detectionRadiation detection device to help in detecting nuclear weapons, materials
Researchers have developed a next-generation material for nuclear radiation detection that could provide a significantly less expensive alternative to the detectors now in commercial use. Specifically, the high-performance material is used in a device that can detect gamma rays, weak signals given off by nuclear materials, and can easily identify individual radioactive isotopes. Potential uses for the new device include more widespread detectors — including handheld — for nuclear weapons and materials as well as applications in biomedical imaging, astronomy and spectroscopy.
A Northwestern University and Argonne National Laboratory research team has developed an exceptional next-generation material for nuclear radiation detection that could provide a significantly less expensive alternative to the detectors now in commercial use.
Specifically, the high-performance material is used in a device that can detect gamma rays, weak signals given off by nuclear materials, and can easily identify individual radioactive isotopes. It has been more than yjirty years since a material with this performance was developed, with the new material having the advantage of inexpensive production.
Potential uses for the new device include more widespread detectors — including handheld — for nuclear weapons and materials as well as applications in biomedical imaging, astronomy and spectroscopy.
"Governments of the world want a quick, low-cost way to detect gamma rays and nuclear radiation to fight terrorist activities, such as smuggling and dirty bombs, and the proliferation of nuclear materials," said Northwestern's Mercouri G. Kanatzidis, the corresponding author of the paper. "This has been a very difficult problem for scientists to solve. Now we have an exciting new semiconductor device that is inexpensive to make and works well at room temperature."
Kanatzidis is a Charles E. and Emma H. Morrison Professor of Chemistry in the Weinberg College of Arts and Sciences. He has a joint appointment with Argonne.
The research was published this week in the journal Nature Communications.
Northwestern says that in 2013, Argonne published a scientific study noting the promise of cesium lead bromide in the form of perovskite crystals for high-energy radiation detection. Since then, researchers led by Kanatzidis, Duck Young Chung of Argonne and Constantinos Stoumpos of Northwestern have worked to purify and improve the material.
The breakthrough came when Yihui He, a postdoctoral fellow in Kanatzidis' group and the paper's first author, took the improved material and reconfigured the semiconductor device. Instead of using the same electrode on either side of the crystal, he used two different electrodes. With this asymmetrical design, the device only conducts electricity when gamma rays are present.
The researchers compared the performance of their new cesium lead bromide detector to the conventional cadmium zinc telluride (CZT) detector and found it performed just as well in detecting gamma rays with high resolution from cobalt-57.
"We achieved the same performance in two years of research and development as others did in 20 years with cadmium zinc telluride, the expensive material that is currently used," Kanatzidis said.
It is important to know what the gamma-ray emitting material is, Kanatzidis stressed, because some materials are legal and some are illegal. Each radioactive isotope possesses its own "fingerprint": a different decay behavior and a unique characteristic gamma-ray emission spectrum. The new cesium lead bromide detector can detect these fingerprints.
In the study, the researchers found the detector successfully identified radioactive isotopes americium-241, cobalt-57, cesium-137 and sodium-22. The researchers also produced larger crystal samples to demonstrate the material can be scaled up.
— Read more in Yihui He et al., "High spectral resolution of gamma-rays at room temperature by perovskite CsPbBr single crystals," Nature Communications 9, Article number: 1609 (23 April 2018) (doi:10.1038/s41467-018-04073-3)


extremely sectarian and not secular in nature, the state is likely to be less democratic (Braithewaite and Bramsen 244). When religion is mixed with state, the outcome is societal norms created on the basis of religious beliefs of the majority religion and laws that are in some way influenced by it. As Nancy N. Rosenblum points, partisan faith may forbid certain practices such as consumption of alcohol, abortion, setting up some foreign policy goals et cetera on the basis of religious reasons.(Rosenblum 21).


Artëm Chistyakov "Rembrandt, "A New Message in Slack", 1633 #devart"
One of the hardest things to do was this cereal box where a character illustration appears next to one of our real characters. I turned to Teddy Newton for help on this illustration, and the stylization feels perfect next to Dash. We also play up the humor of it being an over the top sugary cereal so that when it gets swapped out for Fiber O's, we understand where Dash is coming from.
Because Workers don't have to start a process, Isolates start in 5 milliseconds, a duration which is imperceptible. Isolates similarly scale and deploy just as quickly, entirely eliminating this issue with existing Serverless technologies.
(*) I only had mine for two days, so all I have is a first impression. It's expensive but noticable upgrade over last year's model. The new form factor feels like a true tablet, if that makes sense. You get more screen space, noticable speed up, a better keyboard, Face ID that just works, etc.
Buying a domain name is buying the wonderful feeling that you'll actually finish the side project you have planned for it.
How Things Work "This is how Charlie Chaplin did things before CGI"
Faster async functions and promises The short version is: trust the language implementation to get better with time, and use idiomatic async/await instead of hand-written promises. The long version is a peek into the internals of V8, ECMAScript, promises, and transpiling.
The Developer Coefficient TL;DR "'Bad code' costs companies $85 billion annually"
While it's a priority for senior executives to increase the productivity of their developers, the average developer spends more than 17 hours a week dealing with maintenance issues, such as debugging and refactoring. In addition, they spend approximately four hours a week on "bad code," which equates to nearly $85 billion worldwide in opportunity cost lost annually, according to Stripe's calculations on average developer salary by country. Nearly two-thirds of developers agree that this is "excessive" and believe that clear prioritization, responsibilities, and long-term product goals would improve their own productivity.
In programming, natural selection is "survival of the ugliest". Small and simple code gets extended and repurposed. Ugly and complex code stays untouched and becomes legacy.
It's very interesting that efforts to write good code are in direct opposition to the nature of code.
Very complex pieces of logic, memory management, context switching, etc. are all held together with thousands of flags. The whole code is ridden with mysterious macros that one cannot decipher without picking a notebook and expanding relevant pats of the macros by hand. It can take a day to two days to really understand what a macro does.
Sometimes one needs to understand the values and the effects of 20 different flag to predict how the code would behave in different situations. Sometimes 100s too! I am not exaggerating.
The only reason why this product is still surviving and still works is due to literally millions of tests!
Let's take a crack at understanding distributed "consensus" This article takes a look at the various distributed system consensus protocols, to explain the why and how of the Nakamoto consensus protocol — the core protocol behind Bitcoin.
To me, a "Product Owner" is someone who not only has the power to modify its features, but they have sufficient power to kill the product they own. If they don't have that level of power, then they are not really the product owner, and someone else really owns it.
Design. Will this work for customers?
Tech. What's possible, what's easy and hard?
Demand-side value. What matters to customers?
Supply-side value. What matters to my bosses?
laney "When you work alone a lot."
"Since the age of 25, I have instructed my employees and secretaries, so I don't use computers myself," he said in a response to an opposition question in a lower house session, local media reported. He also appeared confused by the question when asked about whether USB drives were in use at Japanese nuclear facilities.
Fluff Society "Making its breed world debut in New Zealand, dubbed 'The Worlds Cutest Sheep' <- these are blacknose sheep"
Max "Sweaty Eddy" Eddy "This is the single greatest triumph of technology over itself, boost if you agree."
My Mum lost her password for 23andme. Instead of getting a new one, she ordered another spit kit, gave another sample, and had another DNA test!
Today, she rings me: baffled, but excited and happy, that they've found a twin she didn't know about!
Nick Kapur "Mercator projection vs. the true size of countries"
Igor Schatz "The Britney Spears effect on the labor market"
@1961___ "هذا لا قلنا ابداع 😻"
You Had One Job "Gate with WiFi."


During winter seasons, an individual has to come up with a way of ensuring the water in your hose pipes does not free and people have shared a couple of tips that have been proven to be helpful. Using heated hosepipe could be a perfect way of ensuring things will flow as per your expectations, and there will be no time that one stays without the supply of water. An individual can also insulate their hose or wrap it in a heated tape that will keep the water warm in all situations and one has to make sure their electricity flow is on point because that is what will be required to heat a pipe.
Your property should always be heated because that prevents your pipes from freezing and one will not be required to sort out the problem later. Ensure the heat is not too much as it could damage your pipes and if one is not going to be around for some time to ensure there is no further damage.
The places where pipes are located do not have proper insulation, and that is why they are exposed to cold which results in freezing the water in the hose pipe. Extra addition of insulation material keeps your pipes warm prevents water from freezing which could be by adding rubber or fiberglass which are used as insulators.


Elegant simplicity! The Essentials Ivory quilt from Donna Karan adds elegance and comfort to your bed with perfectly tailored puckered stitch details.
Lounge on the beach or by the pool with this Samoa Stripe beach towel from Lauren Ralph Lauren, featuring classic stripes in a vibrant palette.
Add an extra layer of dimension to your bedding ensemble with this INC International Concepts Incline decorative pillow, featuring chic, zig zag patterns.


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In Wriphe, there are no mistakes, only lessons.
Showing 1 - 1 of 1 post found matching keyword: pat white
If you're been around awhile, you may have read one of my many rants against Chad Pennington here before. (Need a refresher? Look Here.) Well, it finally looks like the Dolphins will be rid of Mr. Noodle Arm forever.
After a tumultuous week in which Pennington (drafted in 2000), who signed a one-year contract to be a backup quarterback with the Dolphins in March for $2.5 million, was named the starting quarterback over Chad Henne (drafted in 2008), Pennington was injured in Sunday's game versus the Titans. After attempting a 5-yard pass. On the very first play from scrimmage. In his throwing shoulder. The same shoulder that ended his season in 2004. And 2005. And 2009.
So with any luck, we're through with the quarterback who lost his ability to throw more than 20 yards down field sometime before Chad Henne even entered college. But don't fear for Pennington: since his injury was on the first offensive play of the game, it triggered a contract rider paying him $3.25 million more. So Pennington will be paid $5.75 million for the two snaps he played this season, or $2,875,000.00 per snap. Ugh.
But wait, it gets worse! Later in the same game that claimed Chad Pennington, Chad Henne was struck down with a knee injury that may keep him on the sidelines for weeks! The Dolphins have somehow angered the football gods!
With only two days until tomorrow night's game against the Chicago Bears, the Dolphins are now scrambling for quarterbacks. Yesterday the Dolphins signed Patrick Ramsey, 2002 first-round pick mega-failure for the Washington Redskins. After years of under-performing, Ramsey was traded from the Redskins to the Jets in March 2006, where he failed to beat two-time shoulder injury survivor Chad Pennington for the starting job and was cut. Never one to say "die," Ramsey has played for the Broncos, Titans, Lions, Saints, and Jaguars while waiting for his opportunity to finally replace Pennington.
Bonus trivia: Ramsey will be the third of the first four quarterbacks drafted in the 2002 NFL Draft to play for the Dolphins. The only stand-out in that elite group is mega-failure David Carr, currently the third-string quarterback for the 49ers. The first to sign with Miami was mega-failure Joey Harrington in 2008. The Dolphins have also previously signed Josh McCown, the fourth quarterback taken in 2002, who was cut from the team to make room for... Chad Pennington. Note that prior to Ramsey, the Dolphins considered signing J.T. O'Sullivan as a potential Pennington replacement, but since he was taken relatively late -- sixth-round -- in the 2002 Draft, he was presumably not a big enough failure to sign. The only other quarterback taken in the 2002 Draft still active is David Garrard, who has been the starting quarterback for the Jacksonville Jaguars since 2007, and is the only QB from 2002 who can't be considered a failure.
Rumor has it that we worked out Oakland Raiders' mega-mega-failure JaMarcus Russell earlier in the week. Russell (drafted in 2007) was run out of Oakland on a rail earlier this season after three years where he was paid $5,586,000 million for each of the 7 games that he won during that time. That sounds like a quarterback that the Dolphins' management should be considering.
Meanwhile, I suspect that somewhere, minor-failure quarterback Pat White, the Dolphins' second-round pick in 2009 who was cut from the team in September after being paid nearly $2.4 million for only one year of play, is very disappointed with his agent.
Comments (0) | Leave a Comment | Tags: chad henne chad pennington dolphins quarterbacks suck jamarcus russell nfl pat white rant
If you had three traffic tickets and I gave you four more, how many would you have?
Afterwards, if I gave you four more traffic tickets, how many would you end up with?


Sample C# (.NET Core) code for using PDFTron SDK to programmatically merge forms data with the PDF in order to fill forms, or to extract form field data from the PDF. PDFTron SDK has full support for Forms Data Format (FDF). Learn more about our PDF Form Filler SDK.
// Generated code. Do not modify!