Polidano Brothers Limited has filed legal action against the Chamber of Architects (Kamra tal-Periti) to withdraw its statement on the demolition debacle on the site of the former GO Exchange building in February, casting doubt on the integrity of the investigation.
The action came swiftly after the KTP announced that its investigation into the incident, which saw stones falling from the construction site onto the street, had exonerated architect Maria Schembri Grima and placed the blame squarely on the shoulders of the contractor, Polidano Brothers Ltd.
However, lawyers for the group have said that the Chamber “did not have the decency” to ask them for their version of events and this has cast “serious doubts” on the investigation.
The judicial protest was filed on Friday after requesting the urgent opening of the court registry.
After the incident, Polidano filed proceedings in front of the Building and Construction Tribunal and has been waiting to give evidence on the matter since March. This would have included the detailed method statement which, they said, the contractor had followed “scrupulously”.
The information published by the KTP had led to “nothing but damage and prejudice to the legal proceedings that were still ongoing”, they argued.
The contractor had not only used the most appropriate machinery but also engaged two of its most seasoned workers to handle the work.
The demolition process was also monitored by three Transport Malta officials who were onsite to make sure that Psaila Street and other roads adjacent to the site were closed to traffic.
All relative permits fell under the responsibility of the client and not the contractor.
They said that on the day of the incident, one of the company directors as well as the site technical officer were onsite monitoring procedures and making sure that pedestrians were not allowed to access the area.
The contractor also provided a water bowser to minimize dust generated by the works and barriers, known as ‘Jersey islands’ were placed around the zone, with scaffolding having yet to be put up at that stage.
Following the incident, when debris came crashing down onto the street, the BCA clearly acted upon footage aired on social media, they argued, and that footage had been uploaded without verifying the facts.
The video was “very selective” and failed to show that the main road was closed to traffic and that TM officials were on site.
Debris fell onto a road that was closed both to traffic and to pedestrians, while on the other street, where the school is located, debris fell within the zone fenced off by the barriers and hoarding.
The KTP’s decision was issued at a time when Polidano is engaged in commercial negotiations involving millions of euros.
Such “negligent and abusive” action by the chamber was intended solely to cause damage to the company, its lawyers argued.
It hoped that such behaviour was not done in collusion with third-party competitors whose intention is to inflict commercial damage upon Polidano Bros, went on the lawyers.
In light of such circumstances, Polidano is holding the KTP responsible for damages and would also take legal action personally against each of the Chamber’s members involved in the “so-called” investigation.
Polidano called upon the chamber, represented by architect Andre Pizzuto, to withdraw its action and step forward to settle damages, whilst reserving the right to seek further legal remedies.
The judicial protest filed before the First Hall, Civil Court, was signed by lawyers Michael Sciriha and Franco Galea.