Lm20,000 damages for road works delays

A Civil Court judge yesterday ordered the director of roads to pay a Naxxar restaurant damages due to road works which started in 2001 and are still in progress.

Mr Justice Tonio Mallia ordered the director to pay the company which runs Fiorino d'Oro Restaurant, in Naxxar, Road, Salina Lm20,000 damages.

Fiorino d'Oro Company Limited filed a writ claiming it had sustained damages as a result of delays in the road works in the area which had started in April 2001 and were still going on.

The delays were caused by the fact that only two or three persons were carrying out the road works.

The company acknowledged it was duty bound to put up with the road works in the public interest. But the authorities were also bound to ensure that the least possible damage would be caused to the public as a result of the road works.

The court was requested to condemn the director of roads to make good the damages sustained as a result of the delays in completion of the works.

Mr Justice Mallia pointed out that there was no doubt that the government was bound to provide good roads for the use of the public and that, as a result, a certain amount of inconvenience could be caused to the citizens.

A contract of works was usually awarded to the private sector so that the work would be carried out more efficiently. However, in this case, not only were the road works being carried out at a very slow pace but it also resulted that the works were not being carried out properly.

The court found that the government was responsible for the damages sustained by the company as a result of the delays in concluding the works.

It also reserved the company's right to file a claim for more compensation if the road works continued beyond 2003.

Dr Simon Tortell was counsel to the company.