Construction Law/Consortium Conditions: Liability of each Members
Dear Mr. Manish,
Good Day to you again!Hope all is well with you.
We are an EPC International Contracting company having a consortium contract with one a local company here in UAE.
project is now on exectuion state of the construction.
Our company is the leader of the consortium.
I just wanted to know the consortium conditions wherein one member is behind of the project schedule that is affecting the whole project.
Now, in our case, we are behind the schedule for approx 3 months now, but our parnter is more than behind of their own schedule..
If our company would like to invest/spend more just to catch up with our schedule, should we also claim a portion of this from the other member, or should be share the expense as we are both partners in this consortium.
so basically, we wnat to know each members liability in case one member is behind schedule; whats the right if the consortium leader in terms of claims; do we share the same laibility / expense to catch up with the main project schedule?
what does FIDIC says about consortium members liability in cases like this? do you can the fidic article with regards to this issue?
Looking forward for your assistance and clarification.
Thanks a lot in advance
Many thanks for your interesting question.
I had drafted a response to your query but didn't post as I was unclear on certain Particular Conditions of Contract which may have superseded GCOC.
Could you please confirm if any such conditions exist? Alternatively you may share with me (in private) few more details of the Contract specifically clauses with include any references to obligations of both JV partners with regards to delays etc.