Collapse of Gwardamangia apartments – much to be concerned and worried about

The recent collapse of apartments at Gwardamangia has set a trend of thought that is filled with concern and leaves a lot to be worried about.

Many years ago my father had a shop there, just a few doors down, so it attracted more than my average interest – but also set my mind thinking.

To top it all, a few days later a geologist announced such collapses will continue to happen. Apparently, no geological or geophysical check is carried out on the rock structure of land about to be built. If all the permits have been granted, the excavators get to work and the foundations are laid. What may happen in years to come is of no consequence in the here and now.

Let me state quite clearly right now, this Blog in NO WAY relates to the Gwardamangia incident, the inhabitants or the contractor. A tangle of legalities is involved here about which I do not have the knowledge or information. This is just a general review of a general situation that one day all could possibly face.

One further major item of concern; the Chamber of Architects said that building/construction regulations and permissions are spread over 22 different entities. This in itself is already daunting.

Let us assume that a constructor has started demolishing the building next to my apartment and cracks have appeared in my walls. I have spoken to the contractor and he says there is no problem. I go to the Local Council and they say it has nothing to do with them. I go to the Police Station and they say the same thing. I go to this and that entity and they all say different things about different aspects of what they are responsible of – but this does not sustain my complaint.

When the tragedy happens and I manage to survive but have lost my apartment and all my contents, there is no official record to certify that I have complained because I have not complained to the proper entity.

However, it does not stop there. I have had an insurance policy to cover structure and contents for many years – so presumably there is nothing to worry about. As I have not bothered to check – and many, many do not bother – this type of damage falls under “exclusion”. Otherwise, it may be included but with conditions. One common condition that I was NOT aware of if this type of damage is included in the policy; it ONLY applies to damages caused to buildings that are LESS than 16 years old.

One may well say that the contractor/constructor is OBLIGED to have such a liability clause in their policy before starting the work as it is statutory they have a policy before being granted permission.

HOWEVER, do ALL contractors follow the regulations? Generally such a policy would cover a term of say, 12 months for the buildings to be completed. What happens if the 12 months expire and the policy has not been extended or renewed?

It is also common knowledge that normally insurance companies do their best to inspect full stops and commas in a policy to try and wriggle out of a claim.

Only one recourse remains – to take the matter to Court and sue for damages. This is opening another Pandora’s Box of expenses, hiring a lawyer, delays, finding witnesses willing to testify, delays engineered by the contractor to extend the time as much as possible and a defence lawyer who will portray the contractor as being the most caring, the kindest and best good fellow in the world – and the end result uncertain.

Ultimately, even if the claim is upheld by Court and the contractor ordered to make good the damages, when is the contractor going to cough up and pay? By then, one could well have passed away to another life!

Therefore, what are the rights of the common citizen in such a matter? It seems to me that, like the geologist’s warning that such collapses may happen again and again, the “rights” of the citizen are placed on very, very shaky grounds.

Yes, I am highly concerned and very worried.

NOTE: Picture courtesy of “The Malta Independent”.

ALBERT JEROME FENECH