(1) The special administrative clauses shall specify whether the
contractors in the business grouping are acting jointly or severally.
(2) Business groupings shall be considered as acting jointly where each of them is
bound by the entire contract and must make up for possible failures by partners. One of
them must be designated in the special administrative clauses as representative of the
business grouping vis-à-vis the Project Owner or the Delegated Project Owner. The joint-
contractors shall share the amounts of money paid by the Administration into a single
account.
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(3) Business groupings shall be considered as acting severally where services
have been divided into lots and each of the contractors is assigned and committed to a
lot or lots. One of the contractors shall be designated in the special administrative
clauses as representative who shall be jointly liable with each of the other contractors in
the contractual obligations towards the Project Owner or the Delegated Project Owner.
The representative shall represent all the several contractors before the Project Owner or
the Delegated Project Owner for the execution of the contract. The Administration shall
pay each contractor through his own account.
Official text
Spot-checked
In force from 20 June 2018
Source page 53