Very often happens two firms which have not legal partnership between themselves bid for and win a contract in association with each other in third country. It is not clear to me if one of the firms has legal ground to terminate the contract and or raise claims to the client without the consent of other partner. This happens when the other partner has less interest as the damage caused by client concerns only the other partner. Hoping to have your fee kind advice soon.
2 Answers from Attorneys
A lot depends on the contract which was the basis for the joint venture (the partnership you mention). If there is no such contract, each party who suffers damages, can sue the other for these damages which have to be determined by the court.
Next you have to look at the contract with the third party, if that contract allows any termination.
As this is a complicated matter, you can always supply us with the details, so we can give you a more detailed advice.
Dear Sir, With reference to your request, pursuant to art. 22 L. 584 of 1977 - according to the italian law - the right to act for the interest of the member companies (ATI) belongs exclusively to the parent company indicated.
Anyway, if you may give us more details i'm sure we can give you a more detailed advice.
Avv. Riccardo E. Di Vizio
Di Vizio & Venezia
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