The Gazette 1983

GAZETTE

SEP

BER 1983

CAPITAL INVESTMENT

Building Contracts —

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.

•

Are you seeking sound investments

for your clients?

For professional investment

management of capital sums contact

Standard Life

ASSURANCE COMPANY

59 Dawson Street,

Dublin '.Tel. ( 0 1) ""'3996.

Transacting business in Ireland since 1834.

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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