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CESA Joint Venture November 2021 & Pre-Bid Agreement between members November 2016 both

R350,00 Incl. VAT

Product Code: TD/CES/JVPBA
CESA Joint Venture Agreement November 2021 & Pre-bid agreement between members Nov 2016 This Joint Venture Agreement has been developed by Consulting Engineers South Africa (CESA) in response to the needs of consulting engineers in respect of the wide range of services being handled by members of CESA. The document is intended for use to formalise agreements between professional services providers who intend jointly securing appointements for and performing professional services related to construction projects. This document replaces all previous SAACE and CESA Joint Venture Agreements. The Joint Venture Agreement is made up of the following components: Conditions of Joint Venture Agreement The standard clauses describing the general arrangements related to the structure and functioning of the Joint Venture and defining the duties and obligations of the parties. Agreement and Specific Provisions The section of of the document to be completed and signed by the Members which includes the provisions applicable to this specific joint venture arrangement.

Additional information

Weight 500 g
Publisher

CESA
Year

Joint Venture Agreement November 2021 & Pre-Bid Agreement between members November 2016

CONDITIONS OF JOINT VENTURE AGREEMENT
CONTENTS

1 DEFINITIONS & INTERPRETATION 5
1.1 Definitions 5
1.2 Interpretation 6

2 ESTABLISHMENT OF THE JOINT VENTURE 6

3 EXCLUSIVITY 6

4 DURATION OF THE JOINT VENTURE 6

5 PROFITS AND LOSSES OF THE JOINT VENTURE 7
5.1 Proportions 7
5.2 Additional Provisions 7

6 PRE-AWARD COSTS 7

7 MANAGEMENT COMMITTEE OF THE JOINT VENTURE (MANCO) 7
7.1 Composition and Authority 7
7.2 Chairperson and Meetings 7
7.3 Decisions of the Manco 8
7.4 Delegation, Remuneration and Administration 8

8 OPERATION OF THE MANAGEMENT COMMITTEE AND THE PROJECT MANAGER 8
8.1 Concerning the Project Manager 8
8.2 Concerning the Affairs of the Joint Venture 9

9 STAFFING OF THE JOINT VENTURE 9
9.1 General 9
9.2 The Project Leader 10
9.3 Financial and Administrative Manager 10

10 ACCOUNTS 10
10.1 Books of Account 10
10.2 Quarterly Reporting 10
10.3 Final Accounts 10

11 FINANCING OF THE JOINT VENTURE 11
11.1 Working Capital and Bank Accounts 11
11.2 Revenue and Expenditure 11
11.3 Capital and Advances 11
11.4 Invoicing Procedure and Timing of Payments to Members 12

12 WINDING UP THE JOINT VENTURE 12

13 CONFIDENTIALITY 12

14 ASSIGNMENT 12

15 LIABILITY 13

16 MISCELLANEOUS 13
16.1 General 13
16.2 Compliance with legislation and corruption 13
16.3 Ownership of Data, Design Knowledge and Intellectual Property Rights 13
16.4 Variations not effective unless in writing 13
16.5 Sole Agreement 14
16.6 Domicillium 14

17 BREACH OF AGREEMENT 14
17.1 Actions following Breach 14
17.2 Insolvency of a Member 14

18 DISPUTE RESOLUTION 15

19 ADJUDICATION 15

20 ARBITRATION 15

AGREEMENT AND SPECIFIC PROVISIONS 16

APPENDIX A1
INSURANCES 21

APPENDIX A2
ADDITIONAL PROVISIONS 22

APPENDIX A3
ADDITIONAL DOCUMENTS 23