Heritage Malta cleared of €19,000 damage claim

Judge Anthony Ellul threw out a request for damages filed by the Conservatorio Bugeja against Heritage Malta after the building's restored cupola suffered damage from rainwater.

The case goes back to July 2003 when the Conservatorio and the Malta Centre for Restoration signed a contract for the restoration of the cupola. The work included the removal of concrete patches, loose material and debris from the cupola surface and cracks, the raking out of joints, pointing using hydraulic lime and final pointing with deffun. Restoration work was completed by December 2004, however two years later in 2006 the owners complained that after the first rains the cupola had suffered damages due to rain water ingress. In 2005 the MCR was abolished and assimilated into Heritage Malta.

Joseph Zammit, on behalf of Conservatorio Bugeja claimed that the restoration work carried out had not been up to standard. He stated that there were areas showing cracking and the pointing failing leaving open mortar joints as a source of water entry. Subsequently the Conservatorio spent €19,356 in repairs and application of membrane on the outside of the cupola.

In 2010, Heritage Malta was informed through an official letter that the Conservatorio was filing for damages.

Architect Amanda de Giovanni confirmed that the work done by the MCR, now Heritage Malta, was of the standard expected. The architect explained how the restoration of the cupola brought with it a dilemma. If the cupola was to be restored, work had to be carried out using material close to that originally used. This requires annual maintenance to address any issues. Architect De Giovanni inspected the cupola in 2009, five years after it was restored and no maintenance had ever been done.

Alternatively, the architect continued, more modern material, like roof compound, could be applied. This would offer better protection however it defies the idea behind restoration work. When the Conservatorio carried out the claimed repairs in 2010, workers covered the outside of the cupola with roof membrane, a totally irreversible process, the architect held.

Judge Anthony Ellul commented that the court did not agree with the claim that the damage was due to waster ingress. Architect Reuben Abela stated that in order to assess whether the flaking paint on the underside surface of the cupola has decreased, increased or ceased completely a drying process has to be observed. This is proven by the absence of any staining on the interior and exterior faces of the cupola hence excluding that it may be caused by water infiltration. On site inspection after a major storm showed two stains the size of a one cent (euro) coin. The architect argued that if there was indeed water ingress, once it rained there would be a much large patch of water showing, together with possible water puddles. The presence of two tiny patches could be attributed to condensation, he said.

Judge Ellul ruled that the claims of Conservatorio Bugeja were unfounded and threw out the request for Heritage Malta to be held financially responsible for the damages and subsequent repairs.