Civil Engineering Reference
In-Depth Information
Generally, it is inadvisable to dispose of any agreements, letters of intent or legal docu-
ments such as leases. The safest thing is to keep them forever.
No documents should be destroyed unless the professional's professional indemnity in-
surers are happy; perhaps it is going too far to say that they must be happy, but they must
not raise any objection.
Some firms have a specific written policy about destroying documents. It can sound im-
pressive when a request for a document is met with the response that 'it is company policy
to shred all documents six years after their generation'. However, the company will be the
loser if a document that could be important in defending the company against legal action
has been destroyed. It is no defence at all to quote company policy in these circumstances.
The other party will not simply go away.
The question can be answered only on a project-by-project basis by running through a
checklist of criteria, including
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whether it is more than seven years since there have been any dealings;
whether a deed is involved that would extend the period to 13 years;
whether it is likely that any claim in negligence could be brought that would extend
the period to at least 15 years;
whether all fees have been paid;
whetherthereisanythingaboutwhichtheprofessionalhasalwayshadanastyfeeling;
and
whether the professional indemnity insurers have raised any objections.
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If the files pass all these tests, the professional must try to think if there are any other reas-
ons for keeping the files. If there are, they must be kept.
Finally, the method of disposal must be carefully considered. Some people favour of-
fering the files to the client. This may be perfectly satisfactory if the files are clean and
contain only material that the client has already seen. However, if the files contain letters
covered in scribbled notes and comments or if the files have documents that the client has
not previously seen, it is best not to go down this avenue.
The only way to get rid of files properly is to physically destroy them by burning (not
very eco-friendly) or by shredding. There are many firms that specialise in such work, but
itisessentialthatthefirmisreliableandknown.Filescannotsimplybetakentothenearest
wastepapercollectioncentre,becausetheyinevitablycontainconfidentialinformationcon-
cerning the professional or the client. News reports occasionally highlight instances where
personal records of one kind or another are found blowing about the streets. The fallout of
such instances so far as the professional is concerned is disastrous.
