The Italian contractor sacked for delays on the Dock 1 regeneration project is blaming the government for the setback and expects to be paid for the work it had done before the contract was rescinded.
The failings... were the fruit of shortcomings by others
For the first time since it was shown the door in May, Marinelli Costruzioni SpA has broken its silence to defend its reputation, saying it was not solely to the blame for what had happened.
Through its lawyer, Mark Attard Montalto, the company said it could not be expected to deliver its contractual obligations if the government was not sticking to its side of the deal.
“It is totally incorrect to depict Marinelli Costruzioni SpA as failing in its contractual obligations when it can well prove that the failings that have arisen were most certainly not a result of its shortcomings but, on the contrary, were the fruit of serious shortcomings by others,” Dr Attard Montalto said referring to the government.
“We were not alone in this. Actions and omissions on the part of others had a detrimental effect on Marinelli Construzioni SpA’s being able to deliver,” he said, pointing out that the company’s sub-contractors were not to blame.
The situation he depicts is similar to that with the SmartCity project, where the Dubai developers insisted they had been unable to meet their employment targets because the government had failed to decommission a sewage pumping station as was specified in the contract.
“One cannot expect Marinelli Costruzioni SpA to deliver its contractual obligations when detailed plans were not even submitted to the contractors by the designated architects within the time frame they were expected to do so. It is rather simplistic for the public to comment and state that it had failed in its endeavours because of the delays when the delays were a result of third parties who failed to undertake their respective obligations within the requisite time frames,” Dr Attard Montalto said.
The government has already withdrawn €382,816 in bank guarantees and sought to take the remaining €574,224.49 but it was learnt last week that the contractor took court action in Italy to keep the money.
The company pursued its activities in the utmost good faith and in the best possible manner
Confirming this action, which is being handled by Italian lawyers, Dr Attard Montalto said it came in reaction to “disproportionate measures” being taken by the Maltese authorities without taking into consideration the works undertaken.
Marinelli Costruzioni SpA is expecting the government to pay it for work it carried out before its contract was terminated.
He was keen to point out that Marinelli Construzioni SpA was a “sizeable and reputable firm” with hundreds of projects around the world. It has close to a century of experience in large construction sites and in building projects in Italy and internationally.
Dr Attard Montalto said that, based on this reputation, the company he represented “pursued its activities in the utmost good faith and in the best possible manner in the circumstances”.
Asked to elaborate on the shortcomings Marinelli is claiming, Dr Attard Montalto mentioned, as an example, a report that was filed before the work began.
“A report compiled by the government prior to the Marinelli Costruzioni SpA’s commencement of works was inaccurate and was not up to standard regarding precise locations of underground services and matters of heritage,” he said.