The Malta Independent 20 May 2024, Monday
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Polidano initiates legal action against Kamra tal-Periti

Friday, 22 September 2023, 15:43 Last update: about 9 months ago

Polidano Bros Ltd has filed a judicial protest following a statement issued by the Kamra tal Periti which, the company said, contains erroneous information and has seriously prejudiced legal proceedings already in progress over an incident last February at a construction site in Birkirkara.

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The Chamber of Architects on Friday said it has exonerated architect Maria Schembri Grima of any responsibility linked with the dangerous demolition of the former Go Exchange in Birkirkara. An investigation carried out by the chamber found that the contractor responsible for those demolition works, Polidano Bros Ltd, ignored the architect's orders and failed to follow the project's demolition method statement, the KTP said in a statement Friday. 

In its judicial protest, Polidano categorically rejected the findings of a "so-called investigation" published by the Kamra Tal Periti, which exonerates one of its own members, and is holding the Chamber responsible for any damages that may ensue from widespread media coverage.

It is crucial to note that at no point did the Kamra tal-Periti ask Polidano for any information, let alone for the company’s version of events, before reaching its conclusions. Such an approach cannot but cast serious doubts on the credibility of the KTP’s investigation and violates a fundamental legal principle, the company said.

The KTP issued its media statement in full knowledge that The Building and Construction Tribunal has already been tasked with establishing responsibility for this incident. By publishing its own findings at this stage, the KTP has seriously prejudiced proceedings which are sub judice, Polidano said.

Polidano has since February 2023 been waiting to present evidence to The Building and Construction Tribunal in an effort to prove that it was not to blame for the incident that occurred in Birkirkara and is eagerly awaiting this opportunity.

As part of its evidence, Polidano has presented the detailed Method Statement governing the works showing that it was in full compliance with the instructions and obligations listed in this document.

Furthermore, responsibility for closing the necessary roads around the site lay with the developer – not the contractor – and in fact no pedestrians or vehicles were permitted access to the area where works were taking place.

Polidano also noted that the KTP’s accusations perfectly coincide with a period during which it is negotiating and bidding for high-value tenders, and may prejudice the company’s position when it comes to winning important contracts that affect the livelihoods of hundreds of employees.

Polidano said it is calling on the KTP to retract its statement and is holding the Chamber and its members personally liable for the reputational damage caused to the company. 

Polidano said it has already initiated legal action against the KTP and is also prepared to pursue further remedies to safeguard its reputational and commercial interests. 

 

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