A contractor has blocked off vehicular access to the Mqabba village square this week amid a row with the Public Works Department over unpaid work on the same square.
The issue was first flagged by PN MP Adrian Delia, who posted pictures of the blocked-off piazza on social media.
A spokesperson for the police confirmed the incident to Times of Malta, saying that on Tuesday at 6pm, police were informed that somebody had placed concrete barriers and blocked access to all the roads leading in and out of Pjazza Santa Marija in Mqabba.
Officers were deployed to the site immediately, and after speaking to the people involved, oversaw the removal of the blocks by 9pm.
Asked whether any charges will be filed in relation to the incident, police said that investigations into the matter are ongoing.
‘They took the law into their own hands’
The contractor, BAVA Holdings, had won a tender to carry out paving works on the square in 2019, with the project being completed in 2021, the Public Works Department said in a statement.
However, some months after the project was completed, defects were noticed and the contractor was notified.
The department said the total cost of the works had amounted to €2,101,133 and were guaranteed for a two-year period. Five per cent of the amount due, amounting to €100,566 were withheld by the department and were due to be released in four instalments after six, 12, 18 and 24 months, covering the guarantee period.
“The last portion of the retention monies were intended to be released on the issuing of the Final Payment Certificate once the works were inspected and a completion certificate issued,” the department said.
The outstanding retention monies to be released amount to €50,283, which pertain to the third release and fourth releases of the retention monies.
Even though the contractor took the law into his own hands, thanks to the assistance of the police the situation calmed down- Public Works Department
“When works were inspected by the appointed architect, a number of defects were found in the lava paving consisting in dislodged paving slabs and loss of grouting from joints. To this end, the third payment was not issued because of these defects.”
The department said BAVA Holdings were informed of the defects last December and the company proceeded with remedial works on May 15.
The Public Works Department maintains that while the contractor had completed most of the defective works, there were still other minor defects that needed to be repaired. The final acceptance and outstanding payment for the project will be issued once all the defects are rectified as per the conditions of the contract.
“Even though the contractor took the law into his own hands, thanks to the assistance of the police the situation calmed down,” they said.
Police on the scene on Tuesday speaking to BAVA Holdings employees.'Blocks laid to prevent cars driving over fresh grouting'
A spokesperson for BAVA Holdings said some of the concrete blocks had been in place for four days to prevent traffic from driving over the freshly laid paving and grouting, and denied the action was spurred by the withheld payments.
The contractor said that after it had carried out the works, in March 2021, the project was verified, and a provisional acceptance certificate was signed for it.
When the company was notified of the defects last December, BAVA say they contacted the local council to carry out the works in January. However, they say the council kept delaying the start date as other roadworks were happening in the locality and they did not want it to happen concurrently.
BAVA Holdings maintains the work needed was “maintenance work” and they were asked to work in the area without closing it off to traffic completely.
“We had asked for the road to be closed, primarily to ensure the safety of our workers, but also to prevent further damage while they were working,” the spokesperson said.
The road was then partially closed with the blocks, for which permission was obtained through a road works permit.
After the work was completed, the spokesperson says the company was advised by the Public Works Department to keep the road closed for four days to allow the grouting to dry properly. However, the company says this clashed with the instructions of the council, which wanted them to open the road to traffic immediately.
“We declined, because the work was not yet certified, and we did not want anything to interfere with it before the certification could be obtained.
“The release of the remainder of our payment is tied to this certification.”
Triq Santa Katerina in Mqabba blocked off from the main square on Tuesday.