Malaysia's Industrialization from 1950

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Construction Consortium Agreement Sample

Although the parties are normally liable for offences committed by the other under the above-mentioned liability provisions (if agreed), the right to call for a loan should normally be determined by the loan itself. Any effort to refer to the loan, which refers to the performance of the consortium member who purchases it, and not to the contractor`s performance, and to the consortium member`s description of the infringement, should be categorically rejected. If this is not the case, the employer may find that its actual level of engagement is lower than expected. If the liability of each member of the consortium is expressly solidary with the other members of the contract, no specific guarantee is necessary to support the liability of the consortium. A consortium of contractors may take one of the three most frequent forms: in certain circumstances, the parties may accept that individual sureties limit their liability to the share of responsibility of the consortium member concerned. . . .

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