Wins foreign ministry balcony restoration contract, and disappears with louvers

A judge has thrown out an application by George Schembri, a contractor who is currently being sued by the Foreign Office for defaulting on a contract awarded to him in 2001 to restore the main wooden balcony, to have his case annulled due to time-barring.

Judge Lino Farrugia Sacco, presiding over the First Hall of the Civil Court heard how Schembri was awarded the contract in 2001, but didn't start works until March 2002.

Despite being in breach of contract and was granted an extension, Schembri removed the balcony louvers and never returned them.

In 2004, the ministry terminated the contract and gave it to somebody else, while filing a suit against Schembri who remained intransigent and never returned the louvers, despite being held accountable to a daily penalty of €23.24 per day for each louver which was not returned.

Schembri contested the suit by insisting that it was time-barred, and insisted that the only monies  owed to the ministry were €1,863 which was an advance payment for materials to be used.

However, Schembri argued that the debt lay with another company which subcontracted him, Peter Camilleri & Sons Ltd, which by time had been dissolved.

While Schembri waivered his responsibility onto the contracting company, Judge Farrugia Sacco said that it was Schembri who had in fact defaulted on the works, as the contracting company had provided evidence that it was insisting he completes the works.

The court exempted Peter Camilleri & Sons Ltd from any responsibility, and threw out the claim that the case was time-barred.

The case for damages is set to continue in February.