Civil Engineering Reference
In-Depth Information
This question crops up again and again. Before the days of computer-aided design it was a
particular worry of architects, who often had huge stocks of crumbling tracing paper, paper
prints and slightly more durable linen or plastic film.
The basic answer to the question is that it is impossible to be sure that any particular file
will not be required in the future. On that basis, no files should ever be destroyed. It is re-
cognised that such a response is not really helpful for a professional, or anyone else for that
matter, who would like to reduce the number of files on the shelf or in storage. The problem
is best addressed as a process of elimination.
The normal absolute minimum period for retaining any files is seven years. That is be-
causesixyearsisthetimelimitforlimitationofactionwhereasimplecontractisconcerned,
and allowance must be made for the fact that a Claim Form (which used to be called a Writ)
canbeheldforsomemonthsbeforeserving.Itisalsothetimelimitforholdingontorecords
for company and Inland Revenue purposes. Therefore, if files are to be destroyed before
seven years has expired, there must be a good, positive reason for doing so. There are some
obvious examples. It may be that the files relate to a small kitchen extension job which has
itself been demolished to make way for a larger extension.
Clearly, if a matter is already in litigation or arbitration, on no account must any files be
destroyed. Indeed, a person has a duty to preserve all such relevant files and disclose them
to the other party if required.
Itisalsoimportanttounderstandfromwhenthesevenyearsruns.Itusuallyrunsnotfrom
thedateatwhichthedocumentsweregenerated,butfromthelastdatewhentheprofessional
had any dealings with that project. In this context, it should be remembered that the period
may be restarted or interrupted if the client, however informally, seeks additional advice.
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That does not mean that as soon as the seven years has expired it is safe to dump the files;
certainly not. For example, many contracts are executed as deeds, and the limitation period
is 12 years (say 13 years for safety). Under the Latent Damage Act 1986, which amended
the Limitation Act 1980, the long stop period for action in negligence was fixed at 15 years.
That may seem an exceptionally long period of time, but even that period may be extended
if it does not begin to run until certain other criteria are satisfied. For example, it may be de-
pendent on an indemnity. Fortunately, actions in the tort of negligence against professionals
are not particularly easy to mount.
In addition, it is always important to examine very carefully the original terms of engage-
ment for a particular project. If they were drafted by the client's solicitors, they may have
extendedthelimitation periodunderthecontract. Thisisdonebycraftywordingmoreoften
than may be realised.
