David J. The CCRC, under the chairmanship of Mario Asin, has had the responsibility for revising the original drafts into the final published forms. Paul Taylor of Berrymans and Mr. Mario Asin, Chairman during the time when most of the work of preparing the Guide was undertaken; Ms. Hans Ammendrup; Mr.
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David J. The CCRC, under the chairmanship of Mario Asin, has had the responsibility for revising the original drafts into the final published forms. Paul Taylor of Berrymans and Mr. Mario Asin, Chairman during the time when most of the work of preparing the Guide was undertaken; Ms. Hans Ammendrup; Mr. Pablo Bueno; Mr. Jean-Bernard Loubriat, and Mr.
Peter Batty, Chairman at the time the Guide was completed. Ron Triffo and latterly Mr. Bill Lewis. During preparation of the Guide Messrs. Taylor and Griffiths continued to provide advice and substantial comments, and Mr Steven Francis of Berrymans provided coordination and effected the incorporation of such comments.
Introduction This introduction describes briefly the background to the Joint Venture Consortium and Sub-Consultancy Agreements and the general approach used in drafting the Agreements.
They frequently require degrees of technical sophistication and ranges of skills which can best be provided by Consultants sharing their respective technical resources, geographical presence and local knowledge as an interdisciplinary team, comprising either a Joint Venture Consortium or a prirne or principal Consultant with a number of Sub-Consultants. Such organisations may also ben considered as suitable vehicles for transfer of skills and knowledge, when this is an important part of the project.
Any Joint Venture or Sub-Consultancy needs a formal Agreement stating what each Firm will contribute to the relationship, what each is intended to receive from the relationship and how they will deal with any problems that arise either within the Joint Venture or between the Consultant and its Sub-Consultants or in any project being handled by the team. In order not to jeopardize the harrnonious completion of the Project any Agreement must achieve: i.
Proper division of the tasks each participant is to undertage. A clear and non-formalistic framework for resolving disputes. During the last few years FIDIC and other organizations have sponsored seminars or scheduled workshops aimed at increasing the participation of local, indigenous consulting firms in intemationally funded projects, particularly those which are implemented in or are to benefit the country of the local firm.
In many countries such firms compete, without any outside assistance, against international consulting firms. In other countries, where local consulting engineering finns have only a short history, such firrns can only participate in intemationally funded work in conjunction with international firms. Often the international firm and the local firm will find it most advantageous to associate on an ad hoc basis, that is for the sole and specific purpose of competing for and undertaking a certain project.
However, a problem may occur if the local client is determined to use the project to develop his own in-house engineering capacity.
Joint Venture Agreement 1st Ed (1992)
This model Joint Venture Agreement will allow the parties to agree, on a project-specific basis, their obligations, services and rewards within the Joint Venture created among them by the effect of this Model Joint Venture Agreement. It is not intended to create a legal entity or to be used to create a more permanent non-project specific legal association. One purpose of a model agreement such as this is to raise the awareness of the Members of the Joint Venture as to what should be in the Agreement to mitigate their individual risks and avoid disputes between themselves. A second purpose is to provide the Members with a manageable agreement which establishes clear responsibilities and legal capacities to act. It is aimed to avoid disputes and deadlocks between the Members. In countries where it is inappropriate to use the description "Joint Venture" for the type of project-specific association described above, the wording in the Joint Venture Agreement can be changed accordingly.
Latest Agreements Collection ( English) Printed Version
David J. The CCRC, under the chairrnanship of Mario Asin, has had the responsibility for revising the original draft into this final published form. Ackers, foriner member of the CCRC. The penultimate draft of this document was forwarded to several development banks and international funding agencies for their comments. FIDIC is indebted to those agencies who supplied comments on this document. Notwithstanding the above, it is expected that the Joint Venture Consortium Model Agreement may operate successfully, either as is or modified slightly, when one or more of the above conditions do not apply. One purpose of a Model Agreement such as this is to stimulate the awareness of the Members as to what should be in the Agreement to mitigate risks and avoid disputes.
Guide to the Joint Venture and Sub-Consultancy Agreements 1st Ed (1994)
On the other hand they must have —from the legal point of view as well as in practice- a common aim to be achieved. This aim must be defined. Any activities and contributions of the members are aimed at the achievement of the common aim. Typically the common aim of a JV is to provide services for a Client. Typically the services involve feasibility studies, design activities or contract management services for the purposes of a specific project.
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