Users should check, on a case-by-case basis, the exact nature of this agreement in light of current legislation, provided that the lowest level of the alliance is considered. This Joint Venture Agreement Model does not create a legal entity, but is an agreement between the parties to participate in a particular project. FIDIC has developed model forms for two types of service provider connections – this Joint Venture Agreement Model and a Model Sub-Consultancy Agreement. Copyright FIDIC 1992 International Loyalty of Ingnieurs-Councils (FIDIC) Mailbox 311 All rights reserved. CH-1215 Geneva 15 No part of this publication Switzerland can be reproduced Telephone `41 22 799 49 00 or in a fax `41 22 799 49 01 form or with means without e-mail email@example.com the publisher`s consent. WWW www.fidic.org 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 mitigate their individual risks and avoid conflicts between them. (We are talking in this article about unincorporated joint ventures. The alternative, a registered joint venture in which consultants set up a new joint venture management company, requires additional legal formalities that are not covered by the FIDIC agreement. Each member of the joint venture is generally jointly responsible and is responsible for the provision of services under the main service agreement with the customer and any violation of this agreement. The details of the joint venture agreement are not always available when the joint venture is created. The services to be provided by each member can be agreed after the client adopts the proposal.
Before submitting the proposal, a less detailed agreement, a joint enterprise agreement before the proposal, can be concluded. This agreement should then be replaced by a final joint enterprise agreement if the proposal is successful. However, the objective of this agreement is to create a manageable situation where its members can jointly respond to a tender, submit a proposal and deliver services with the resources of all members appropriately. Individual interest cannot always prevail. To succeed as a joint venture, members must commit to developing joint efforts to deliver and create services and to reach agreement on changes to services and other day-to-day issues. If members do not, effective contractual mechanisms must be put in place to avoid disadvantages or disadvantages for the joint venture and its members.