
The purpose of this article is to provide an overview of the issues related to the possibility for consortium members to independently assert claims arising from a construction contract concluded under public procurement. This applies in particular to advance payment of remuneration, remuneration for performance of the contract and other claims arising, for example, in connection with withdrawal from the contract, including claims for damages or unjust enrichment. The possibility to assert claims independently is closely related to the legal nature of the consortium agreement (whether it is a civil partnership agreement) and the content of the investment agreement. In the case of divisible benefits, such a possibility arises from the content of Article 379 § 1 of the Civil Code and constitutes a rule from which exceptions may occur, related to the specific shaping of the investment agreement with respect to the nature of the contractors’ claims or the manner of performance. At the same time, substantive legal issues determine the right of the consortium members to stand as parties to the proceedings in order to submit claims against the ordering party, with necessary co-participation occurring exceptionally, when the consortium is at the same time a civil partnership or as regards claims concerning indivisible benefits, if any of the other consortium members objects.
You may also start an advanced similarity search for this article.