Architects’ chamber blames Polidano contractor for Birkirkara slab collapse

Updated at 3:52pm with Polidano Bro Ltd statement

An investigation into the incident of a site collapse on the former GO Exchange building in Psaila Street by the Chamber of Architects, has laid blame at the feet of the contractor of the site - Polidano Bros Ltd.

The Chamber, whose internal inquiry was to find any potential breaches by any of the architects involved in the project, said the demolition method statement did not instruct the contractor to execute the works as illustrated in the videos widely reported in the media.

The Chamber also said it found no cooperation from the Building and Construction Authority in its fact-finding exercise to establish whether any professional malpractice did indeed occur.

The project is a demolition of the former building and the construction of an apartment complex by Excel Investments.

An alarming video from February 2023 showed how demolition works carried out in Birkirkara’s busy Psaila Street caused large stones to fall a height of at least three storeys, crashing down beyond supposedly protective hoarding. The demolition was carried out by Excel Investments, owned by Gozitan developer Joseph Portelli, and the project architect is Maria Schembri Grima.

Schembri Grima resigned from her position as chair of the Building and Construction Agency, which is responsible for safeguarding third parties and safe working practices.

The Chamber said the contractor, Polidano Bros Ltd, had failed to follow the demolition method statement, and adhere with the instruction given on site by the site technical officer (STO) on 9 February 2023, in agreement with the architect-in-charge, to clear the site from demolition debris so that a mobile crane could be set up within the confines of the site, before any further demolition works are carried out.

“This instruction was issued since discussions were underway between the architect-in-charge, the STO and the contractor on modifications to the method statement requiring the use of a mobile crane,” the Chamber said.

It added that the contractor appears to have decided to hastily proceed with the demolition works over the weekend as he sought fit, in defiance of the instructions given by the STO instead of granting the time to the architects involved in the project to finalise the amended method statement.

“The Council has thus determined that its investigation against the periti involved in this project would be closed since no breaches of the Periti Act were established. It is regretted that the Building and Construction Authority did not cooperate with the Kamra’s investigations.”

Polidano initiates legal action against Kamra tal-Periti

Polidano Bros Ltd has initiated a judicial protest following the statement issued by the Kamra tal Periti.

“The chamber’s statement contains erroneous information and has seriously prejudiced legal proceedings already in progress over an incident last February at a construction site in Birkirkara,” the construction company said on Friday.

In its judicial protest, Polidano rejected the findings of the investigation published by the Kamra Tal Periti, and holds the Chamber responsible for any damages that may ensue from widespread media coverage. 

“It is crucial to note that at no point did the Kamra tal-Periti ask Polidano for any information, let alone for the company’s version of events, before reaching its conclusions. Such an approach cannot but cast serious doubts on the credibility of the KTP’s investigation and violates a fundamental legal principle,” a statement by Polidano Bros Ltd clarified.

It claimed that KTP issued its media statement in full knowledge that The Building and Construction Tribunal has already been tasked with establishing responsibility for this incident. 

“By publishing its own findings at this stage, the KTP has seriously prejudiced proceedings which are sub judice,” Polidano Bros added.

The company said it has, since February 2023, been waiting to present evidence to The Building and Construction Tribunal in an effort to prove that it was not to blame for the incident and “is eagerly awaiting this opportunity.” 

As part of its evidence, Polidano has presented the detailed Method Statement governing the works showing that it was in full compliance with the instructions and obligations listed in this document. 

Polidano Brothers puts blame on developer

In its reaction on Friday, Polidano Bros Ltd blamed the incident of a site collapse on the former GO Exchange building in Psaila Street on the developer.

“Responsibility for closing the necessary roads around the site lay with the developer – not the contractor – and in fact no pedestrians or vehicles were permitted access to the area where works were taking place,” 

The company claimed that the KTP’s accusations perfectly coincide with a period during which it is negotiating and bidding for high-value tenders, and may prejudice the company’s position when it comes to winning important contracts that affect the livelihoods of hundreds of employees. 

Polidano called on the KTP to retract its statement and is holding the Chamber and its members personally liable for the reputational damage caused to the company.  

“Polidano has already initiated legal action against the KTP and is also prepared to pursue further remedies to safeguard its reputational and commercial interests,” the statement read.