That is why the principle of unanimity prevails. Majority decisions are not permitted. Decisions on the policy of the Joint Undertaking shall be entrusted to a Committee of Principles composed of the representative of each Member. In the event of disagreement between the members of the Commission of Principles on matters not prescribed differently by this Agreement, the Chairman shall have the right to use the decisive vote. Obligations arising from a master service contract with the customer, for example. B “Client/Consultant Model Services Agreement” shall be supported by the Joint Undertaking. It is for each member to agree on the allocation of the same obligations and commitments within the joint venture, irrespective of whether each member is generally jointly and severally liable to the customer for the provision of services under the main service contract with the customer and for breaches thereof. At the same time, the allocation of obligations and commitments requires the members of the Joint Undertaking to coordinate their efforts effectively and effectively. Individual interests cannot always prevail. To succeed as a joint venture, it is important that members commit to developing joint efforts with regard to the execution and completion of services and to reaching agreements on changes to services and other day-to-day issues. If members fail to do so, effective contractual mechanisms must be put in place to avoid disadvantages or disadvantages for the Joint Undertaking and its members.
Users should verify, on a case-by-case basis, the exact nature of this Agreement in the light of the legislation in force, provided that the lowest level of the alliance is envisaged. This type of joint venture agreement does not create a legal person, but is an agreement between the parties to unite for a particular project. A second objective is to give members a manageable agreement that defines clear responsibilities and ability to act. It aims to avoid quarrels and blockages between members. One of the objectives of such a model agreement is to make the members of the joint venture aware of what should be included in the agreement in order to reduce their individual risks and avoid disputes between them. As a general rule, each member of the JV is jointly and severally liable for the provision of services under the main service contract with the customer and for any breach of this contract. _________ FIDIC intends to publish guides for the use of all these agreements. A joint venture, association, consortium or other incompetent group of two or more persons, whether a partnership or otherwise. The new joint venture agreement has been developed for an unregistered company, in which a JV of companies acts as a consultant under a service contract such as the White Book Joint Venture created between the members in accordance with that agreement.
Details of the joint venture agreement are not always available when the joint venture is created. The services to be provided by each member may be agreed after the proposal has been accepted by the client….