This is true? I've never seen an agreement between an auditor and a company that allows the company to sue the auditor if work is not completed on time. The reason being is that the auditor is always waiting on some kind of information from the customer. Auditors tend to have lots of questions and the reputable wants want proof to back up the answers. Early in my business career I was an auditor for a major Big 6 accounting firm. Businesses always dragged their feet when it came to answering questions and forwarding information. It was never the accounting firm's fault that an audit was completed late, at least in my experience.
If you have the contract that shows this verbage, I'm sure we would all like to see it.
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There is a contract in place to have them audited and done by a certain date. If they do not have it by then, ONCI could sue.