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The relationship between a main contractor and a subcontractor is often hierarchical, where the main contractor oversees the complete project while subcontractors manage specific tasks. This structure allows for efficiency and specialization in the completion of projects. Clear communication and contractual agreements, such as the Michigan Joint Venture Agreement between Construction Contractor and Subcontractor for Performance of Work under General Construction Contract, help define responsibilities and expectations.
Although joint venture agreements are often spoken of in the same breath as prime/subcontractor teaming agreements, the two are very different. In a joint venture, two or more companies come together (usually by forming a new, separate legal entity) to jointly perform a government contract at the prime contract level.
A joint venture (JV) is when two or more parties agree to form a business arrangement with the purpose of pooling their resources. This can be done for a one-off project or a long term arrangement between the members. Either way, forming a joint venture can help companies bid on otherwise, unattainable contracts.
A joint venture can be described as a contractual arrangement between two or more entities that aims to undertake a specific task. A partnership involves an agreement between two or more parties wherein they agree to share the profits as well as any loss incurred in a single venture.
Therefore, joint ventures are generally distinguished from partnerships by being more limited in both scope and duration. A partnership, on the other hand, ordinarily engages in an ongoing business for an indefinite period of time. Further, in a joint venture, it may not be just profit that binds the parties together.
As stated previously, a shareholders agreement is with the company and its shareholders. Moreover, a company is a separate legal entity, unlike the partners in a partnership agreement. Because of this, partners remain much more liable for the company's debts.
Joint ventures are commonly used to: Enable smaller companies to deliver large projects by combining their expertise and resources. Enable a larger company to acquire new resources or expertise from a smaller company. Enable a smaller company to benefit from the credibility and financial stability of a larger company.
The parties set out to accomplish a specific, mutually beneficial goal. Both parties contribute resources, share ownership of the joint venture's assets and liabilities, and share in the implementation of the project. The joint venture is temporary (but can be short or longer-term), dissolving once the goal is reached.
Put simply, in the context of the design and build industries, a joint venture is a business entity comprised of two or more parties that, as a single entity, take the lead role in project delivery. In most cases, it's two designers, likely an architect and engineer, who partner in a joint venture.
A joint venture agreement includes details of construction, profit sharing in percentage, and time-frame. The land owner usually provides his land and provides no further investment. All other aspects of construction, investment and obtaining the required approvals is the responsibility of the real estate developer.