A joint venture, an association, a consortium or any other unincorporated association of two or more people, either in the form of a partnership or in some other way. The obligations arising from a main service contract with the client, z.B. “Customer/Consultant Services Agreement” (the White Paper), are borne by the joint venture. It is up to each member to agree on the distribution of the same commitments and commitments within the joint venture, notwithstanding the fact that, as a general rule, each member is jointly responsible to the client for the provision of services within the framework of the main service agreement with the client and any violation of those obligations. At the same time, the division of tasks and commitments requires that the members of the joint venture coordinate their efforts effectively and effectively. That is why the principle of unanimity prevails. Majority voting is not allowed. Decisions on the policy of the joint venture are entrusted to a political committee composed of the representative of each member. In the event of disagreement between the members of the political committee on matters not prescribed by this agreement, the President has the right to use a vote. A second objective is to give Members a clear agreement that clearly defines responsibilities and capacity for legal action.
It aims to avoid quarrels and deadlocks between MPs. The new joint venture agreement was designed for companies without legal personalities, where a joint venture intervenes at any time until services are concluded under a service agreement such as the White Paper, and joint venture members should agree on joint efforts to change the scope of services and other challenges. If there is no agreement, all members may be held responsible for non-compliance with their obligations due to differences of opinion among the members of the joint venture. One of the objectives of such a model agreement is to make members of the joint venture aware of what should be in the agreement in order to reduce their individual risks and avoid conflicts between them. The joint venture was created between the members in accordance with this agreement. These two model agreements are compatible with the fifth edition of the FIDIC “Customer/Consultant Model Services Agreement” (The White Paper) 2017. Fidic intends to publish guides on the use of all these agreements. (Members` names) – (hereafter … “members”) have agreed to create a joint venture to provide the professional engineering services mentioned, Details of the joint venture agreement are not always available when the joint venture is incorporated.
