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CIR 07/24 | Periti declarations in support of contractors’ licence applications

Many Periti will have been approached by contractors asking them to sign a declaration confirming their competences in support of their application to receive a licence to operate as contractors.

Schedule I of S.L.623.09 (Construction Industry Licensing Regulations) stipulates that all workers engaged in demolition, excavation or construction should possess specific qualifications in the respective activity “or hold any other qualifications or experience which the Committee considers to be equivalent or a suitable alternative to this qualification”.

While courses in demolition and construction do exist – leading to the masons’ licence – there is no formal qualification for excavation operatives as yet.

Thus, the BCA and Contractors Licensing Committee have approached the Kamra to discuss whether, as an interim measure, we would agree to introducing a system wherein periti would provide a reference confirming the skills of contractors.

It was clear to the Council that without our agreement to such a proposal, the entire industry would seize as very few contractors, if any, would be eligible for a licence without the alternative system being proposed.

The Kamra thus agreed to the concept in principle and proceeded to draft the wording for the eventual declarations published by the BCA.

 

The wording was crafted to ensure the following:

  1. The declaration made by periti are limited ONLY to the works execution they have direct experience on.
  2. Periti employed by or otherwise directly connected to contractors would not be coerced into signing declarations they do not feel comfortable with or which compromise their independence and integrity, and to ensure that they are not placed in a position of conflict of interest.

 

The statutory requirement is that contractors demonstrate the skills listed in Schedule I (and the forms) in at least three projects over a period of two years.

The Kamra was assured that this is an interim measure and will be replaced with formal training of workers as soon as practicably possible. We are also working on this through the National Building Council, which is a joint-venture between KTP and MDA.

The Council recommends that periti exercise their professional judgement in signing these forms, crossing out any parts they feel are not applicable to their direct experience be upheld. It goes without saying that you should refrain from signing such declarations if your personal experience of the contractor’s work is inadequate.

You are entitled to charge fees for the signing of such declarations.

In case of difficulty, please do not hesitate to contact the Council through our usual channels.

 

Perit André Pizzuto
President

 

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PR 06/23 | Kamra tal-Periti finalises its investigation into GO Exchange incident

Verżjoni bil-Malti

Reference is made to the Kamra’s press release of 15th February 2023 wherein it was stated that it was opening an investigation into the incident that occurred in the site located in Psaila Street Birkirkara formerly housing the GO Exchange buildings to establish whether there any potential breaches by any of the periti involved in the project has occurred.

The Council had stated at the time that “[i]t is pertinent to underscore that the opening of an investigation does not imply any wrongdoing and consists in a fact-finding exercise to establish whether any professional malpractice did indeed occur. If the Council determines that there is a potential breach, the perit or periti involved will be afforded the right to exculpate themselves as provided for in the Periti Act.”

 

The Kamra tal-Periti is now in a position to announce the conclusions of its investigation:

  1. The demolition method statement did not instruct the contractor to execute the works as illustrated in the videos widely reported in the media;
  2. The contractor failed to follow the demolition method statement;
  3. The contractor failed to adhere with the instruction given on site by the STO on Thursday 9th February 2023 in agreement with the perit-in-charge to clear the site from demolition debris to allow the setting up of a mobile crane within the confines of the site before any further demolition works were carried out. This instruction was issued since discussions were underway between the perit-in-charge, the STO and the contractor on modifications to the method statement requiring the use of a mobile crane;
  4. 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 periti involved in the project to finalise the amended method statement;
  5. Moreover, the site manager failed to enforce the provisions of S.L.623.08.

 

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.

 

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PR 05/23 | Kamra tal-Periti welcomes licensing of contractors – calls for talks on improvements

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The Kamra tal-Periti welcomes the fact that after campaigning for sixteen years, at long last the BCA has started receiving applications for the licensing of contractors. This is an important milestone for the modernisation and renewal of the industry.

The success of this licensing regime, however, is dependent on how willing the BCA shall be in disciplining contractors. Without a dogged determination from the BCA to take the necessary steps to bring professionalism to construction sites, these regulations will prove to have been an exercise in futility.

 

The Kamra tal-Periti notes however that there is scope for improvement in the regulations as published last week. The absence of compulsory Contractors’ All Risk (CAR), Employers’ Liability, and Liability Period insurance cover is a serious lacuna in the regulations, as also highlighted by the MDA.

While the Kamra recognises that regulation 5 (3) of L.N. 166 of 2023 stipulates that a licensed contractor is required to ensure works are covered by insurance, this causes an unnecessary burden on the BCA’s enforcement personnel and on clients to verify that insurance was indeed taken out.

The Kamra submits that it is far more practical to ensure that adequate insurance cover is a pre-requisite for the issuance of a licence, as is the case under the Periti Act which mandates that all periti must be covered by insurance prior to being issued a certificate to practise from the Kamra. The presentation of a licence card should be sufficient proof of coverage for clients.

 

The Kamra calls for urgent discussions with the Government and the MDA to address this lacuna, having taken note of the Malta Insurers Association’s unwillingness to provide such cover, by exploring alternatives to local underwriters.

Moreover, the Kamra calls for a timetable to broaden the licensing regime to include building services and finishing works in the medium-term to ensure that standards are raised across the industry.

 

 

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PR 01/23 | Kamra tal-Periti calls for real and effective deterrent for contractors

Verżjoni bil-Malti

On Saturday 11th February 2023, the Council of the Kamra tal-Periti opened an investigation to establish whether the incident that occurred in the site located in Psaila Street Birkirkara formerly housing the GO Exchange buildings gave rise to potential breaches by any of the periti involved in the project, including the perit in charge of the project and the site technical officer.

It is pertinent to underscore that the opening of an investigation does not imply any wrongdoing and consists in a fact-finding exercise to establish whether any professional malpractice did indeed occur. If the Council determines that there is a potential breach, the perit or periti involved will be afforded the right to exculpate themselves as provided for in the Periti Act.

 

Regardless of any professional shortcomings, no perit, whether acting as perit-in-charge or STO, can possibly control unscrupulous cowboys with questionable competence at the wheel of heavy machinery toppling over buildings into public spaces as witnessed in Psaila Street.

The fact is that the professional conduct of periti is heavily scrutinised, and rightly so. The Council of the Kamra takes its disciplinary role very seriously and will process this case employing the principles of fairness and due process to safeguard the periti being investigated as well as the public interest.

This contrasts sharply, however, with the scrutiny of contractors. Those involved will suffer no consequences for their actions as not only is there no comparable disciplinary procedure for contractors to that of the Kamra, but there is not even a licence to lose.

 

Without a deterrent of a real and effective punishment, the industry is overrun by anarchy, which is tempered solely by the goodwill of those periti, developers and contractors who feel a moral and ethical obligation to uphold standards against all odds.

 

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PR 02/22 | Licensing of Contractors

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The Kamra tal-Periti welcomes the announcement made by the Minister for Public Works and Planning, Dr Stefan Zrinzo Azzopardi, regarding the imminent publication of draft regulations on licensing of contractors for public consultation.

This announcement comes after months of meetings with Ministry officials following the Extraordinary General Meeting held on 26th May 2022 during which the profession had insisted that such regulations should be published by October.

The licensing of contractors is a critical step in the renewal of the construction industry, and is essential for our country to meet the necessary qualitative and environmental standards demanded by the public, responsible stakeholders, European Directives, and the market.

 

The Kamra has been campaigning for licensing of contractors since 2007, and had secured a Letter of Commitment signed by the Minister responsible for the sector at the time in the wake of the spate of building collapses in 2019.

Although over three years have elapsed since the Letter of Commitment, the Kamra has doggedly persisted about the need to license contractors and shall continue to do so until a proper licensing regime is in place.

 

Following the Minister’s announcement, the Kamra was invited to attend a further meeting in the coming days to review the final draft regulations. The Kamra shall continue to offer its technical support to the Government to ensure that the implementation of this important regulatory development is not only undertaken competently and smoothly, but without any further delays.

 

 

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