The developer and the contractor involved in the dangerous demolition of a property in Birkirkara which was caught on camera have been fined by the Building Construction Authority.
The developer of the project in Psaila Street, Excel Limited, which is owned by Gozitan developer Joseph Portelli, and the contractor, Polidano Brothers, were both fined by the BCA.
Excel Ltd has been fined €3,150 and Polidano €5,000 (the contractor) over irregularities connected to the demolition of the Go Exchange building in Psaila Street after issuing a stop notice on works during which stones were seen falling in to the street.
A €2,000 fine was also imposed against site technical officer David Muscat but none were imposed against project architect Maria Schembri Grima, who resigned on Tuesday from her post as BCA Chairman due to a conflict of interest.
Building and Construction Authority chairperson Maria Schembri Grima resigned in the wake of the controversy surrounding the project. Planning Minister Stefan Zrinzo Azzopardi accepted Maria Schembri Grima's resignation after he received it on Tuesday.
Her resignation came after a stop notice had been issued on a project of which Schembri Grima is the architect, after debris was filmed flying onto Psaila Street, Birkirkara during demolition works.
The planning permit for the project in question was issued to Excel Investments Ltd. of which Joseph Portelli is a shareholder. Neither the government statement, nor Schembri Grima’s made direct reference to the incident.
In an earlier statement, Excel Limited said that it had terminated the contract with the contractor for “careless and reckless” work.
Excel Investments Limited said it is the owner and developer of the site at Psaila Street Birkirkara, on which site the company intends developing a residential complex which also includes some commercial space.
The company said it engaged a demolition and excavation contractor so as to demolish and excavate the site. This work had to be done according to a method statement agreed to by the same contractor. The contractor involved, the company specified in a second statement, is not PRA Construction Limited - which is owned by the same Portelli - or any related company
The contractor, the company said, failed to abide by the said method statement and was careless and reckless in the execution of the works.
The company said it immediately took the necessary actions to terminate its engagement with the contractor and instructed the cessation of the works.
The company said it regretted the inconvenience caused by the said works and re-affirms its commitment to execution of the said works in a proper and correct manner.
Polidano statement
In a statement, Polidano Bros Ltd said that it was sub-contracted by the developer/owner, Excel Developments Ltd - who also own the company engaged as the main contractor - to carry out specialised demolition works at a site in Psaila Street, Birkirkara.
"As per standard procedure, a Method Statement for these works was prepared by the architect engaged by the developer/owner which identified the process by which the demolition should take place. A boundary hoarding wall was erected to seclude the site from the adjacent areas, which could be shifted according to the exigencies of demolition sequence, while the adjacent road was closed to serve as an exclusion zone due to the nature of the works being carried out."
"Polidano followed this methodology at all times. The company used the specialised machinery that was required and acted in accordance with the instructions of the developer as well as their architect and site technical officer who were specifically appointed to supervise and monitor all aspects of the project."
Polidano General Manager Ian Napier said: "Polidano will not accept a situation whereby the developer seeks to shirk their legal and moral responsibilities and shift blame onto a sub-contractor when they themselves were duty-bound to oversee the project and intervene if any actions were not being carried out according to their instructions."
"Polidano will also be reviewing the nature of its relationship with this particular developer and considering its position on the site in question as well as explaining to the authorities that the fine imposed on the sub-contractor is both unjustified and unwarranted."
MDA reaction
The Malta Developers Association, in a statement, publicly condemned the behavior of a few contractors who show lack of respect towards the society by their carelessness and short-sighted actions.
Unfortunately, a small number of contractors are doing untold harm to the reputation of the construction industry, the MDA said.
Such attitudes and malpractices cannot be tolerated any longer. It is obvious that these contractors are not fit for the job and that they do not realize how much they are harming the construction industry. In the absence of a licensing system for contractors for which MDA has been clamoring over the years, MDA will be taking note of these rogue contractors and make sure that its members do not use their services, the MDA said.
This action must be resorted to as the misdeeds of these contractors are reflecting negatively on both developers and architects who are genuinely trying to work in a professional manner and within the law. MDA is giving its last warning to all operators in the construction industry and is going to take action so as to ensure that such misbehavior is not tolerated.