Reactions to the government’s licencing of building contractors have emerged from various entities over the past days, and one thing emerges… there is room for improvement.

First, the Malta Developers’ Association said that the legal notice regarding contractors' licensing is "weak and ineffective". It said that it could not understand why the obligation of contractors to be covered by an adequate insurance policy to cover third parties' properties and damages and the contractor’s employees has not been made compulsory at licensing stage and at every renewal stage.

The government then came out and said that the legal notice regarding contractors’ licensing includes imposing an obligation on all contractors that any work they undertake must be covered by an insurance policy.

The Chamber of Architects issued its own statement later, and said that it is far more practical to ensure that adequate insurance cover is a pre-requisite for the issuance of a licence, as is the case under the Periti Act which mandates that all periti must be covered by insurance prior to being issued a certificate to practise from the Chamber. It called for urgent discussions with the Government and the MDA to address this lacuna.

Lastly, the Association of Insurance Brokers (AIB) said that the initial draft of the law was watered down considerably, “with the only requirement being that any works are to be covered by an insurance policy without any specification of any minimum limits or other requirements.” It said this unspecified obligation leaves third parties, employees and workers on construction sites in grave difficulty in recovering damages sustained from contractors, which it said are very likely to be inadequately insured. The AIB said that since the insurance is not a pre-requisite for the licensing of a contractor, it will be “extremely difficult” to ensure compliance with the law as enacted.

Clearly there is an issue between what the government introduced in the law and what the three aforementioned organisations are stating. Perhaps all sides should sit around the table and hash this out. What is of the utmost importance is that the ultimate decision be one that ensures that neighbours of construction sites, workers and third parties are all fully covered by the contractor if an accident or damage takes place.

But aside from insurance cover, one must stress the need for improved safety on construction sites, especially with the loss of life experienced over the years. The Jean Paul Sofia public inquiry was announced, after a long and tough fight by his family, and one hopes that it will shed some more light on the situation in the country. We must ensure that such tragedies do not happen again.

The Chamber of Architects in its statement had also made another point. The success of this licensing regime is dependent on how willing the BCA shall be in disciplining contractors, and it is absolutely right. One expects the BCA to take a no tolerance approach to abuse. If it doesn’t, then this legislation will be nothing more than a piece of paper, and the association will end up being a failed attempt at enforcement.