Download 1992 FIDIC Joint Venture Agreement PDF

Title1992 FIDIC Joint Venture Agreement
File Size92.9 KB
Total Pages27
Document Text Contents
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FEDERATION INTERNATIONALE DES INGENIEURS-CONSEILS
INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS
INTERNATIONALE VEREINIGUNG BERATENDER INGENIEURE
FEDERACIÓN INTERNACIONAL DE INGENIEROS CONSULTORES







JOINT VENTURE ( CONSORTIUM )


AGREEMENT




































1st Edition 1992 - ISBN 2-88432-008-3

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FIDIC is an international federation of national associations of
consulting engineers.




IDIC was founded in 1913 by three national associations of consulting
engineers within Europe. The objectives of forming the federation were

to promote in common the professional interests of the member associations
and to disseminate information of interest to members of its component
national associations.



oday FIDIC membership numbers more than 66 countries from all parts
of the globe and the federation represents most of the private practice

consulting engineers in the world.



IDIC arranges seminars, conferences and other events in the furtherance
of its goals: maintenance of high ethical and professional standards;

exchange of views and information; discussion of problems of mutual
concern among member associations and representatives of the international
financial institutions; and development of the engineering profession in
developing countries.



IDIC publications include proceedings of various conferences and
seminars, information for consulting engineers, project owners and

international development agencies, standard pre-qualification forms,
contract documents and client/consultant agreements. They are available
from the secretariat in Switzerland









Published by

© Copyright FIDIC 1992 Fédération Internationale des Ingénieurs-Conseils (FIDIC)
P.O. Box 311
All rights reserved. CH-1215 Geneva 15
No part of this publication Switzerland
may be reproduced Phone +41 22 799 49 00
or transmitted in any Fax +41 22 799 49 01
form or by means without E-mail [email protected]
permission of the publisher. WWW http://www.fidic.org

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© FIDIC 1992 11

3.5 Upon the execution of this Agreement, each of the Members shall
grant a Power of Attorney in favour of a person nominated by it
as its Representative, as designated in Schedule 1. The
Representatives of each Member will constitute the Policy
Committee of the Joint Venture. Under the Power of Attorney
granted him, the Representative of a Member shall thereby have
authority to sign the Proposal and the Services Agreement on
behalf of and in the name of that Member. The signature of its
Representative shall bind each Member in respect of all
obligations and liabilities it assumes under this Agreement.

3.6 Subject to directions of the Policy Committee, the Representative
of the Leading Member shall be the representative of the Joint
Venture for the purpose of correspondence and discussion with
the Client on matters involving the interpretation of the Services
Agreement and alterations to its terms and to the Services to be
performed.


4. PERFORMANCE OF THE WORK

4.1 The work to be performed under the Services Agreement shall be
carried out in accordance with the terms and conditions of the
Services Agreement and this Agreement. In the event of any
inconsistency between the terms of the Services Agreement and
this Agreement regarding the Performance of the work, the
Services Agreement shall prevail, subject to Clauses 4.3 and 4.4
below.

4.2 Each Member shall be responsible for fulfilling the obligations
prescribed in Schedule 3 in accordance with the terms of the
Services Agreement to the satisfaction of the Client, subject to
Clauses 4.3. and 4.4 below.

4.3 The apportionment of the Joint Venture’s obligations between the
Parties in accordance with Schedule 3 can be amended by
agreement between the Members, subject to the consent of the
Client if required by the Services Agreement.

4.4 Any alterations or additions to the Services to be carried out
under the Services Agreement shall be made only with the
consent or on the instructions of the Client in accordance with the
Services Agreement. Responsibility for carrying out additional
obligations shall be as agreed between the Members, subject to
the consent of the Client if required by the Services Agreement.

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© FIDIC 1992 12

5. LANGUAGE AND LAW

5.1 The following shall be stated in Schedule 1:

- the language in which this Agreement shall be written and
interpreted; and

- the country or state, the law of which shall apply to this
Agreement.


6. EXCLUSIVITY

6.1 Unless otherwise agreed by the Members, no member shall
engage in any activity related to the Project, unless otherwise
agreed by the Parties, other than as a Member of the Joint
Venture and in accordance with the terms and conditions of this
Agreement. Each Member warrants that its subsidiaries and other
firms or individuals over which it has control will comply with
this requirement.



7. EXECUTIVE AUTHORITY

7.1 No Member shall have authority to bind or to make any commitment
on behalf of the Joint Venture or of any other Member unless such
authority is expressed in writing by the Members jointly in regard to
the Joint Venture, or by a Member individually in regard to the
(other) Member.

7.2 From the date of this Agreement until the award of the Services
Agreement to the Joint Venture or until this Agreement shall
terminate in accordance with its terms, whichever is the earlier,
the following matters shall require the unanimous consent of the
Members:

- for the purpose of submitting the Proposal, the respective
responsibilities and obligations to be undertaken by the Members
under the Services Agreement, subject to the conditions of the
Invitation.,

- for the purpose of submitting the Proposal, the prices and terms
and conditions of payment comprised in the Proposal as
applicable to the Joint Venture generally, and to the Members
separately, subject to the conditions of the Invitation: and

- any communication to, or response to communication from, the
Client either written or oral and any commitment of any kind to
the Client or any other party in connection with the Proposal.

7.3 From the date of the award of the Services Agreement to the Joint
Venture, decisions on the policies of the Joint Venture shall be
vested in a Policy Committee comprising the Representative of
each of the Members specified in accordance with Clause 3.5.

7.4 Each Member shall provide notice of its Representative on the
Policy Committee and shall give prior notice of any change in
such appointments, temporary or otherwise, as may occur from
time to time.

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© FIDIC 1992 24

SCHEDULE 3

ALLOCATION OF THE OBLIGATIONS
(Clause 4 of the Conditions and Terms)

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© FIDIC 1992 25

SCHEDULE 4

FINANCIAL POLICY
AND REMUNERATION
(Clause 16 of the Conditions and Terms)

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