Kamra tal-Periti investigating BCA chair who resigned over demolition debacle

Architect Marisa Schembri Grima is under investigation by her peers at the Kamra tal-Periti (Chamber of Architects), the body confirmed on Thursday while at the same time calling for the control of contractors in an industry being “overrun by anarchy”.

The Kamra opened the investigation last Saturday to establish whether the now infamous incident on Psaila Street Birkirkara – where the former GO Exchange is being demolished by contractor Polidano Bros for a project involving construction magnate Joseph Portelli – “gave rise to potential breaches by any of the architects involved in the project, including the architect in charge of the project and the site technical officer.”

The architect in charge was Schembri Grima, who resigned from her position as Building and Construction Authority chairperson this week in the wake of the incident that saw large slabs, bricks and rubble falling from the site onto the surrounding street because of haphazard and unmonitored demolition work.

The chamber stressed that it was not immediately implying any wrongdoing and that its fact-finding exercise will establish “whether any professional malpractice did indeed occur”. If the chamber’s council determines a potential breach, the architect will be afforded the right to exculpate themselves as provided for in the Periti Act.

The Building and Construction Authority on Wednesday fined contractors Polidano Bros (headed by Charles Polidano, ic-Caqnu) €5,000 while site manager Mark Agius was fined €3,150. Another €2,000 fine was meted out to site technical officer David Muscat, who was tasked with observing sensitive works that might affect third parties.

No further action, however, has yet been taken against the architect involved, Schembri Grima.

The Building and Construction Authority that Schembri Grima heads had issued her with clearance, as Joseph Portelli’s architect, to begin demolition work on the large building on 1 February.

The Shift has in the past pointed out how Schembri Grima’s appointment at the BCA’s helm had been grossly unethical and marred with conflicts of interest.

The Shift had also revealed how the architect was defending Portelli and his associates over their completely illegal concrete batching plant in Kercem, Gozo, which was built on public land in broad daylight and over which the government has not taken any action in the past four years.

Even though Prime Minister Robert Abela had been warned several times about the conflict of interest, with NGOs and the chamber itself having informally pressured him to not re-nominate Schembri Grima to the post after the last general election.

Chamber calls for control of ‘unscrupulous cowboys’

The chamber insisted that, irrespective of “any professional shortcomings, no architect 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”.

It observed that while architects’ professional conduct is heavily scrutinised the same cannot be said for contractors.

“Those [contractors] 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 architects, developers and contractors who feel a moral and ethical obligation to uphold standards against all odds.”

Ic-Caqnu blames architects as relationship with Portelli is being ‘reviewed’

Polidano Bros in a statement insisted it was not responsible for the debacle and that it had been acting in line with regulations and on the instructions of “professionals” – i.e. the architects in charge of the site.

“As per standard procedure, a Method Statement for these works was prepared by the architect engaged by the developer/owner which identified the process by which the demolition should take place,” the company.

It insisted it had followed the architect’s methodology at all times and that specialised machinery had been used for the job.

The company insisted it acted in accordance with the instructions of the developer as well as the architect and the site technical officer.

Polidano General Manager Ian Napier said the company would not accept a situation “whereby the developer seeks to shirk their legal and moral responsibilities and shift blame onto a sub-contractor when they themselves were duty-bound to oversee the project and intervene if any actions were not being carried out according to their instructions.

“Polidano will also be reviewing the nature of its relationship with this particular developer and considering its position on the site in question as well as explaining to the authorities that the fine imposed on the sub-contractor is both unjustified and unwarranted.”