世纪商务英语综合教程 ppt 课件Unit4.ppt

Unit 4　Contract Text B 4 　WHO DOES WHAT? An important contract issue is the allocation of responsibilities. While this may seem almost too obvious to mention, it is not the concept that is important, but the level of detail and attention to all aspects of the venture which are important. For instance, many lawyers in the Boston metropolitan area deal with software development and marketing. If, in a joint venture, each of the parties to a software development contract is responsible for certain design and implementation and that is carefully delineated in the contract, have the parties also given as much attention to administrative functions and sales and marketing? Each discreet issue must be clearly delineated to avoid conflicts and possible litigation down the road. 5 　WHO PAYS FOR WHAT? Equally important is the funding of joint venture projects. Not only does the venture need accurate budget forecasts, but it must be clear what the contributions of the respective parties will be. Does each party pay for its own costs? Is there a 50/50 split? Is it anticipated that there will be bank financing? What happens if the venture needs more money? A good business lawyer will help you identify the financial terms and work through them with you so that each is identified. Unit 4　Contract Text B 6 　WHAT ARE THE HUMAN RESOURCES COMMITMENTS? Perhaps the most contentious issue arising out of poorly conceived joint ventures is the idea that one party has not fulfilled its obligation by putting in the required effort. In other words, if it is clear what role each party has undertaken and it is clear how much each party will contribute, issues may still arise based upon the number of hours, days, weeks or months that one party is providing to the joint venture. Most business lawyers, in most joint venture situations, will advise you that setting firm minimums will provide an objective standard for evaluating the other party’s performance. This is especially true in situations wh