WHEREAS:

  1. the Employer has invited interested companies to submit offers for the Project;
  2. the Consortium Members wish to submit a joint Offer for the Project, and, if the Offer is successful, to jointly implement the Project;
  3. the Consortium Members anticipate that submission by them of individual offers would not lead to any of them being the successful bidder;
  4. the Consortium wishes to be selected and appointed by the Employer to execute and carry out the Work under the terms of the Contract, including any addition or variation thereto, which may be ordered by the Employer under the Contract. To enable the proper performance of the Work to be so carried out the Consortium Members have agreed to enter into this Consortium Agreement on terms and conditions set forth herein

[Page11:]

IT IS AGREED AS FOLLOWS:

1. In this Main Agreement Form, all capitalised words and expressions shall have the same meanings as are assigned to them in this Main Agreement Form or the General Conditions.

2. The Consortium Members agree to co-operate based on the terms and subject to the conditions of this Agreement, as more particularly described in Section I Special Conditions, Section II General Conditions and Annexes as attached hereto.

3. The following sections shall be read as one document and form the Agreement and, in the event of ambiguity or contradiction between the sections, the ambiguity or contradiction shall be resolved by giving precedence to the sections in the order listed as follows:

  • Main Agreement Form
  • Section I — Special Conditions
  • Section II — General Conditions
  • Annex 1 — Scope of Work
  • Annex 2 — Time Schedule
  • .........................................................................

Whereas the Consortium Members have executed this Agreement by duly authorized representatives on the day and year first above written.4

3
While the number of members is in theory not restricted, except in certain jurisdictions, the user should be aware that the higher the number is, the more complicated the implementation of the project will be - in particular due to the principle of unanimity.

4
It would normally be a good idea to have a witness from all Consortium Members witness all signatures, and examine the business cards or powers of attorney of those signing as duly authorised representatives. If appropriate, a chop or seal should be attached from the Consortium Members.