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Lit Painting Group

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Eli Anderson
Eli Anderson

Final Account [PORTABLE]

It is fascinating to watch the fleeting changes in expression in each interviewee's face as they speak; we can see them cautiously gauging the Holland's reaction to their admissions. These former SS officers and camp book-keepers, neighbours and farmers, choose their words so very carefully. They try to rationalise their behaviour, deny knowledge, and justify their accounts of standing by or indirectly aiding the murder of millions.

Final Account

The court shall thereupon fix a date, time and place for the final account and petition, which date shall be not less than ten (10) nor more than thirty (30) days after the filing of the final account and petition. There shall be notice given by mailing to the heirs and contingent legatees and devisees of the decedent, whose names and addresses are known, not less than ten (10) days prior to the date of the hearing and by publication one time in a newspaper in the county not less than ten (10) days prior to the hearing. Proof of such notice shall be made and filed as in other estate proceedings.

Holland's powerful collection of stories from those who served in the lower ranks of the Nazi party is what's been missing from the conversation about Adolph Hitler's reign of terror. Recording the testimony and memories of those who witnessed and participated in the atrocities Hitler unleashed against Jewish people and others is of vital importance. But this isn't a brash, chain-rattling film. Rather, it's a quiet look at the dangers of being complicit. The late director (Holland died three months after completing the film) is an information gatherer, intent and patient as he asks questions off camera. His subjects share what they did and what they knew; with one notable exception, they've seemingly absolved themselves of real responsibility. After all, they suggest, what could they do? While the answers ramp up, Holland softly brings the questioning around to make his interviewees confront themselves. Maybe they were just an accounting clerk, maybe they were just following orders, maybe they were put in a completely unfair situation -- but maybe they allowed themselves to be put there. And maybe, then, they're not so innocent.

"The film itself is the culmination of a lifetime's work and mission," says his longtime friend and film associate producer Sam Pope. "Luke was supremely happy to have finished it, to make it over the final line. He completed his mission."

"He was spurred on knowing this was the final moment he'd ever have to capture these interviews. Time was always up against him, this generation was dying," says Pope. "He initially set out to meet the people who had murdered his grandparents and ask them 'Why?' But if he couldn't meet them, then he could meet people like them."

"Seeing them as human beings really makes the movie's point that there were no monsters. They were human beings that did monstrous things and were living with the consequences," says Smith. "The final account is Luke holding them to account to some degree and shows us the fragility of human nature, how easily we're beguiled by ideology and by putting on a uniform."

(a)(1) A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition at any time, and any other interested person may petition after one year from the appointment of the original personal representative except that no petition under this section may be entertained until the time for presenting claims which arose prior to the death of the decedent has expired. The petition may request the court to determine testacy, if not previously determined, to consider the final account or compel or approve an accounting and distribution, to construe any will or determine heirs and adjudicate the final settlement and distribution of the estate. After notice to all interested persons and hearing the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate, and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the personal representative from further claim or demand of any interested person.

(3) In solvent estates, the hearing may be waived by written consent to the proposed account and decree of distribution or order of distribution by all heirs or distributees, and the court may then enter its order allowing the account and issue its decree or order of distribution.

A Guardian must seek to settle his/her final account via a Petition/Motion to Settle Final Account. Click here for a sample Order to Show Cause to Settle the Account. Click here for a sample Petition for Settle the Final Account. Click here for a sample Final Report of Guardian. The Petition to Settle the Final Account as Guardian must be filed with the Court which appointed you as the Guardian. The Petition can be filed by Order to Show Cause. The Petition may also be filed by Notice of Motion. Each county will have their own requirements. You should consider calling the guardianship department of the County that appointed you to confirm whether you should file by Order to Show Cause or by Notice of Motion.

As mentioned above, the Court proceeding to settle the final account will be commenced by either an Order to Show Cause and Petition or Notice of Motion and Affidavit or Affirmation in Support. This will depend on the County and sometimes on the Judge. Either way, the content and individuals to be served will be the same. The Petition itself should include information about when you were appointed, whether you have continued to maintain a bond, why you are seeking to be discharged and settle your account, and information about any significant events that occurred during your Guardianship. The Petition should also include the accounting itself. The accounting should be for the time period beginning with when your last report was approved through the date of resignation. If prior annual reports were approved, then you can include summary statements and copies of the Order. If no annual accounts were approved, then you will need to prepare an accounting from the inception of the guardianship through discharge.

Lest you think the process is over and you are done, the Guardian is not yet officially discharged. Once the Order Settling Final Account has been signed, it needs to be served on all the parties serve in the proceeding, and then the Guardian will need to follow all directives in the Order, including payment of commissions, legal fees, remaining bond premiums. Then, the Guardian will need to file an ex parte order discharging guardian with an affidavit in compliance showing that the Guardian followed the directives in the Order. This Order, once signed will be served on all parties including the Surety if there is one and then, the Guardian is finally done. Click here for a copy of the Ex Parte Order Discharging Guardian.

The two main issues before the court were whether the settlement agreement which the parties entered into post practical completion in relation to the final account was intended to replace the contractual final account procedure in clause 30 of the JCT standard form of contract and if so, whether the settlement agreement between the parties amounted to a full and final settlement of all claims and cross-claims arising between the parties.

The Settlement Agreement also recorded that the contractor agreed that the Settlement Agreement represented full and final settlement of all its obligations for work executed under the Contract including but not limited to compliance with the following:

The Final Account Summary (attached to the Settlement Agreement) demonstrated how the final figure of 3,144,045 was calculated. This document set out a variety of items and potential disputes which had been taken into account and included within the final figure.

The employer sought to argue that the Settlement Agreement was not in full and final settlement of all claims and cross-claims between the parties and that it was entitled to raise allegations of defective work in respect of: cracked glazing; misaligned structural columns; bowed flooring; damaged cladding; and a failure to provide health and safety files and sub-contractor warranties.

This article summarizes what a final account is and how they are used to establish a final adjustment to the contract price. The practical issues of how to prepare a final account in accordance with the contract and the process of cooperation between the parties and negotiation will also be discussed. Practical consideration such as advising on the structure of a final account and how to prepare a statement for final account will also be considered.

The final account is the conclusion of the contract sum (including all necessary adjustments) and signifies the agreed amount that the employer will pay the contractor. It includes any works that are paid to the contractor through the main contract.

The procedures, as set out in the various forms of contract, contain slight differences in terminology and procedure , but essentially they produce the same result. Most contracts require the contractor to substantiate their accounts to the employer so it can be properly assessed.

The FIDIC suite of contracts, which are mainly used for the international market all have their own timescales. Clause 14 refers to payment and sub clause 14.11 spells out the final account process and timescales.

The preparation of the final account occurs throughout the contract period.Financial statements prepared by the quantity surveyor will generally serve as the starting point for final account discussions.

As a matter of preparation, the professional quantity surveyor (PQS) should ensure that all contracts instructions have been accounted for and that all other potential cost-related items are scheduled out. This may include, but not be limited to:

If costs have been tracked properly throughout the duration of the project then the only difference between the last formal costs report in the final account should be any changes or variations in the period between the last forecast reports in the final account. 041b061a72


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