Developers and contractors involved in the construction of the Corradino factory that collapsed and killed Jean Paul Sofia were not members of the Malta Developers’ Association, its president testified on Monday.  

In extensive testimony before the Sofia public inquiry, Michael Stivala spoke about the MDA’s various initiatives to improve standards within the sector and pushed back against suggestions that “naming and shaming” bad actors was an effective way of introducing discipline. 

His testimony prompted inquiry chair Joseph Zammit McKeon to note that it appears the construction sector is a “self-regulating” one. 

Excessive bureaucracy, “exhausted” developers and “disenchanted” architects 

The MDA president handed the inquiry a list of the association’s members and confirmed that none involved in the Sofia incident were part of it. 

“No, none of them. Never. Nothing,” he replied when asked by the board. 

The list of MDA members provided to the board was not made public. 

Red tape

Stivala was one of several witnesses who appeared before the inquiry on Monday. During his testimony, Stivala emphasised what he said was the excessive red tape caused by multiple entities, each with their own regulations. 

“From day one until works start, the developer is exhausted,” he said, noting that interest on business loans was due even before a project could get off the ground. 

Some processes within the sector are subject to multiple rules while others remain in a “vacuum”, he said. 

Stivala used the method statement procedure to illustrate his point. 

MDA president Michael Stivala. Photo: Matthew Mirabelli

A developer who engages an architect to draw up this necessary document, must then wait for months until that method statement is checked by another architect tasked by the Building and Construction Authority. 

“We have nowadays reduced professionals to nothing. Architects are now disenchanted…. just ticking boxes. We want rules but rules that leave the desired effect on site,” Stivala said, echoing similar concerns aired by Chamber of Architects president Andre’ Pizzuto when testifying at the inquiry. 

Asked by board expert Mario Cassar whether method statements should also be imposed as a requirement for Development Notification Orders – essentially fast-track building permits - Stivala unhesitatingly replied “100%.”

“DNOs should be treated like any other process, allowing no exemptions here or there. Because when accidents happen, then all get the blame.” 

Developer as “pure investor”

Asked by board chairman Joseph Zammit McKeon about developers’ control over a construction site and any contingent responsibility, if at all, Stivala said that a developer’s duty was to “engage professionals.”

He argued that ‘developer’ was a misnomer and that property developers should be considered "pure investors". 

“So why not call yourselves Malta Investors Association,” quipped Zammit McKeon. 

Stivala replied that the MDA was actually in the process of rebranding to the ‘Malta Developments Association’, to better reflect the role its stakeholders play. 

Contractor’s licence: third party and workers insurance should be a must

The MDA president said the association had wanted contractor licencing “more than anyone else” and had exerted pressure on government to introduce the measure. 

The association had also called for a register of contractors and had, through an arrangement with the then-Building Regulations Office, carried out a “stock take” of practicing contractors, with the intention of compiling that register. 

It emerged that 65% of contractors were not insured, he said. But nothing came of that exercise. 

Stivala said that the MDA and planning minister [Stefan Zrinzo Azzopardi] worked well together but were in complete disagreement when it came to insurance requirements for contractors. 

The issue proved to be a sticking point when the government unveiled a licencing regime earlier this year. 

Training is crucial 

Stivala also argued for the importance of ongoing training for contractors and their workers and asked whether a builder who obtained his licence 30 years ago would still be sufficiently qualified to handle present-day works. 

The association itself has set up an academy, duly registered with the educational authorities, to offer such training and other institutions, such as MCAST, also offered suitable courses. 

He said most problems concerned smaller projects where “costs are cut, left, right and centre,” thus amplifying the risks. 

To differentiate between actual developers and small-scale investors, the MDA is proposing to have licensed developers who would exercise supreme control over a site.