Statement about Gzira construction site

Works being carried out at 59, Triq Manoel De Vilhena, Gzira

We refer to reports published on various media after the Building and Construction Agency (BCA) informed the media that it had filed a report with the police so that criminal proceedings could initiate against the developer, site manager and architects in charge of the above project.

Contrary to what was reported, the facts are as follows:

The commencement notice for the above project was submitted – by the perit in charge of the project at the time – on 7 March 2019 and indicated that works were to commence on 14 March 2019 

The demolition, excavation and construction method statement, and the preconstruction condition reports of the adjacent properties had already been prepared on 26 January 2019 and 28 January 2019 by the perit, as required by law.

An insurance policy (Contractors All Risk) issued by MAPFRE Middlesea plc bearing Policy Number P72P004151, in accordance with Regulation 6 (2) of the Avoidance of Damage to Third Party Property Regulation 2013, commenced on 20 March 2019 to provide civil liability up to €500,000 and a Bank Guarantee was also provided.

A bank guarantee in accordance with the Avoidance of Damage to Third Party Property Regulation 2013 was issued.

These documents were all submitted by hand directly by the applicant to the Building Regulation Office (BRO) prior to the commencement of works. 

After all construction, demolition and excavation works were temporarily suspended by the government on 13 June 2019, the architect in charge at the time sent an e-mail on 26 June 2019 to Mr M. Ferry – then Head of the BRO – asking for his clearance to continue with works since halting the excavation would risk causing more damage to the neighbouring properties.

This clearance was issued by Mr Ferry on 29 June 2019 and duly uploaded on the Planning Authority portal – as instructed by the BRO – on 2 July 2019.

Subsequently, we were asked by the developer to take over the project. A change of architect form was duly submitted on 6 July 2019.

Works have since continued and have reached fourth floor level.

We were informed that on 9 April works continued to a late hour following a mechanical failure of the tower crane. Considering that the pouring of the concrete slab had already commenced and that this could not be stopped half way, the contractor had to make arrangements to hire a concrete pump and this took some time. This is the reason why the works carried on to a late hour on one particular day.

It was also reported that the site notice had incorrect information. In fact, the site notice with correct information was duly affixed when the works had commenced under the responsibility of the first Perit, but, inadvertently, was not updated when the site was taken over by the second Perit.