Contractors ordered to pay €1,559 in damages

14 years after his house was damaged by two contractors, an elderly man was today awarded €1,559 in damages towards reconstruction works and the furniture which he lost in the incident.

On 12 April 2000, contractor Raymond Micallef was carrying out construction works in the residence of Lino u Angele Stafrace, in Cathedral Street, Sliema.

During these works, part of an adjacent residence, where 84-year old Rita Vella, her son Joseph and her brother Anthony Muscat lived, collapsed. Vella lost her life in the collapse.

Two years ago, in 2012, Magistrate Miriam Haymen ordered each of the two contractors to pay the victim’s son the sum of €4,000.

Feeling aggravated by the measly amount awarded, the victim’s brother sued the owners of the building and the architect for additional damages.

Mr. Justice Anthony Ellul ruled that the owners of the building were not responsible for the incident as at no time had they issued instruction to the contractors.

The judge also said that Architect Phillip Micallef was not responsible either as he was not told about excavation works. “When the architect arrived on site, the works had already been done”, the court said.

Contractors Raymond Calleja and Carmel Raymond Micallef, together with RC Construction Limited were found guilty of not adhering to the rules of excavation, and not keeping enough distance from adjacent buildings.

Judge Ellul commented that while the plaintiff was not paying his sister any rent, he had a right to demand €559(Lm240) in damages toward the 15-days of rent he incurred he had to stay at an alternative residence. Furthermore the court awarded Mifsud €1,000 towards the furniture which was damaged in the collapse.