Updated 4.48pm with Polidano statement

Companies linked to construction mogul Charles Polidano and major developer Joseph Portelli have been fined over a dangerous demolition project that was caught on camera in Birkirkara.

Both denied responsibility despite shocking footage from the demolition over the weekend that showed huge bricks falling onto Psaila Street, near homes and a school.

In tit-for-tat statements, Portelli's company inferred Polidano was "careless and reckless" while Polidano said the Gozitan developer was seeking "to shirk their legal and moral responsibilities". 

The Building and Construction Authority handed the largest fine of €5,000 to Polidano, who was sub-contracted to carry out the demolition works.

Mark Agius, an associate of Portelli, whose companies owned the site and were the main contractors, was fined €3,150.

A further €2,000 fine was handed to the site technical officer, David Muscat, whose role was to oversee building sites during sensitive works which might affect third parties.

Portelli earlier distanced his company Excel Investments Ltd from the dangerous demolition, blaming an unnamed contractor - understood to be a reference to Polidano - for being “careless and reckless” in the execution of its works.

In a statement issued a day after the architect on the Psaila Street project, Maria Schembri Grima, resigned under pressure from her role as Building and Construction Authority chair, Excel Investments Ltd aimed fire at the contractors.

Polidano is listed as a subsidiary contractor on the site notice, which lists the main contractor as PRA Construction.

The site manager's name had been scratched off the site notice when Times of Malta visited on Wednesday. Photo: Jonathan Borg

The directors of PRA Construction are none other than Portelli himself, Mark Agius, his business partner, who is listed as the project applicant, and Daniel Refalo. 

In its statement, J Portelli Projects’ management said that Excel Investments Ltd, the owner and developer of the Birkirkara site, engaged a demolition and excavation contractor for the work that had to be done according to an agreed method statement.

But the contractor “failed to abide by the said method statement and was careless and reckless in the execution of the works”.

Excel Investments Ltd said it “immediately took the necessary action to terminate its engagement with the contractor and instructed the cessation of the works by the said contractor”.

Expressing regret for the “inconvenience” caused by the works, it said it “re-affirms its commitment to their execution in a proper and correct manner”.

The company specified that the demolition contractor was "not PRA Construction Limited or any related company" but did not reply when asked to name the contractor responsible. 

Polidano hits back

In a statement issued hours later, Polidano Bros Ltd insisted it had "at all times" followed the architect's method statement, which identified the process by which the demolition should take place.

Hoarding was erected to seclude the site, specialist machinery was used and the road was closed to serve as an exclusion zone due to the nature of the works, it said.

All works were carried out in accordance with the developer, architect and site technical officer, the company added.

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."

It said it would "reviewing the nature of its relationship" with Portelli and said it believed the fine imposed on it was "both unjustified and unwarranted.”

Site is now flattened

The BCA, which as construction regulator is responsible for ensuring the safety of building works, ordered a stop to demolition works over the weekend. 

It is understood, however, that the perilous destruction of the façade of the former Go Exchange building continued after the stop notice was issued by the regulator and it is now flattened to make way for over 100 flats and commercial outlets that are pending Planning Authority approval.

Asked to comment on these breaches and what action would be taken, the PA said “these matters lie within the remit of the BCA”.

Meanwhile, the outgoing BCA chair is facing a disciplinary probe by the Chamber of Architects, which described the demolition works as “completely outrageous”.

Alarming footage of the demolition passed on to Times of Malta captured stones hurtling onto Psaila Street over hoarding that was meant to protect the public from the works and exposing them to harm.

Stones were sent cascading over the hoarding and onto the main road by demolishers, causing an uproar among residents and the public and leading to a stop notice from the BCA to its own chairman on the grounds of “exposing third parties to danger”.

KTP president Andre Pizzuto said what happened “explains why we do not have the licensing of contractors”, because those involved in these demolition works would “never be able to lift a stone again”.

The licensing is in the hands of the BCA, but it was “not happening because the status quo is convenient”, said Pizutto, whose chamber is conducting the disciplinary investigation into the case.