Liability in the Maltese construction industry

Abstract

This study focuses in great detail on the notion of civil liability and its applicability within the construction industry. The author sheds light onto the general contractual and tortious provisions as outlined in the Civil Code, Chapter 16 of the Laws of Malta and discusses how these same provisions are applied in holding the main figures involved in the industry liable for damages. The main figures accounted for are restricted to the architect, contractor, and developer due to the conciseness of the study. This research project examines the notion of liability as emergent from the remarkable Marianna Cini vs Paolo Galea et judgment pronounced way back in the 1950s and proceeds to discuss its evolution and development throughout the years. By delving into some of the most recent case-law provided by our courts, the author identifies the legal interplay operating between the various players involved in the construction industry and proceeds to compare such interplay to a ping-pong ball. The latter statement is asserted in the light of the means adopted by each professional figure in an attempt to exonerate himself by seeking to blame the other parties involved in the construction project. Following such an examination, the author delves into the current operative regulatory framework by accounting for the Building Regulation Act, Chapter 513 of the Laws of Malta as well as S.L. 513.06. This piece of legislation has led to the introduction of a new professional figure in the sector which is that of the Site Technical Officer. The author targets to criticise the short comings of this piece of legislation especially with regards to the figure of the STO and discusses how this figure may find himself liable under the general provisions of tortious and contractual liability. The author is aware that the current regulatory framework is set to change with Parliament currently discussing a new bill which shall lead to the introduction of a Building and Construction Authority Act. The author discusses the most salient features of this legislation and what impact it will have on the notion of liability. Overall, this dissertation addresses the intricacies of the notion of liability as applied in the construction industry and pinpoints the way in which regulation will be improved by the new law as currently proposed.