The Gazette 1983

SEP T EM BER 1983

GAZETTE

Building Contracts —

CAPITAL INVESTMENT

Properties on Housing Estates

While ma ny of the solicitors a c t i ng for the leading b u i l d i ng firms are k n o wn to be using the agreed L aw S o c i e t y / C o n s t r u c t i on Industry F e d e r a t i on Co n t r a ct there are still a small n umb er w h o are using o t h er f o rms. The C o n v e y a n c i ng C o mm i t t ee while r e c o g n i s i ng the right of individual solicitors, or their clients, to use their o w n contracts points out that the w o r k i ng party wh i ch d r a f t ed the s t a nd a rd contract wh en e x am i n i ng a n umb er o f the c o n t r a c ts then in use on bu i l d i ng estates f o u nd that ma ny o f them had serious defects. A mo st c o m m o n o n e w as that in the event of a d i s pu te the d e c i s i on of the builder's architect w o u ld be final. P r o v i s i o ns o f this sort h a ve been d e e m ed u n e n f o r c e a b le by the Co u r t s. A c c o r d i n g ly the C o mm i t t ee w o u ld urge m e mb e rs acting for the d e v e l o p- me n ts of b u i l d i ng estates to give serious c o n s i d e r a t i on to using the s t a nd a rd Law S o c i e t y / C o n s t r u c t i on Industry F e d e r a t i on f o rm. •

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I N C O R P O R A T ED L AW S O C I E TY O F I R E L A ND

IMPORTANT NOTICE

SOLICITORS' ACCOUNTS REGULATIONS 1967 (AS AMENDED) ACCESS TO CLIENTS FILES

The Compensa t i on Fund Committee of the Society has recently made a ruling on the question of the auditors' access to clients files. It will not be satisfactory, in future, to deprive an auditor from the examination of clients files purely on the grounds of privilege. The auditor has specific duties under the Solicitors' Accounts Regulations and it is the Society's view that these duties can only be carried out by vouching the transactions in the books of account with the supporting files. It should not be necessary, however, to disclose the entire file to the auditor but the correspondence covering payments/receipts should be made available to the auditor. A policy decision has been made by the Society to investigate any solicitor's practice who refuses that auditor access to clients files. Where the Society appoints an accountant pursuant to Section 20 of the Solicitors' Accounts Regulations 1967 as amended, the said accountant has the statutory right to inspect all of the relevant files, vouchers, etc.

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