Updated | Architects deny recklessness in Valletta hotel construction

An architects’ firm responsible for the development of a boutique hotel in Valletta have denied recklessness and negligence on their part, despite the works having caused damage to an adjacent house belonging to a 96-year-old woman.

“Except for an incident when a stone black fell into Mary Schembri’s property after it became dislodged during the dismantling of a flight of masonry stairs, the alleged ‘accidents’ are normally expected during works involving the rehabilitation of existing structures,” Ian Cutajar from Falzon & Cutajar Architects and Civil Engineers told MaltaToday.

The architects’ firm is in charge of the design and development of a block of former offices at Old Theatre Street into a three-star boutique hotel.

The works caused damages to four rooms on the second and third floor of the adjacent house, belonging to 96-year-old Mary Schembri.

Pictures show several wall cracks and fissures on both sides of the building, as well as pieces of rock that had fallen onto Schembri’s bed.

Schembri said that a stone slab had fallen onto her bed a few weeks ago, forcing her to sleep downstairs. On Wednesday, her lawyer wrote to the architects’ firm to complain that her client had once again found large pieces of rock on her bed, as well as dust across her bedroom.

“This isn’t just a mere inconvenience to my client, but has also made her scared to sleep in her own bedroom,” lawyer Georgine Schembri wrote to the architects’ firm, warning them that Schembri is holding them legally responsible for damages caused to her property.  

However, Cutajar said that – upon being alerted about the first incident - his firm immediately ordered the contractor to take steps to ensure that similar incidents are avoided.

“Apart from this isolated and unfortunate incident, in no time was Mrs. Schembri in a dangerous situation and the other minor damages are limited to cracks that have no structural consequences,” he said. “The alleged stone slabs and dust that have been falling into the house of the elderly woman are nothing but normal damages that occur in a single 9th masonry common party wall when construction or alteration works are carried out in an adjacent site.

“In fact, all insurances insist that such damages are not covered by their policies as they are considered as expected damages. This is valid for all development projects.

“Although the first accident should not have happened, it is not correct to depict the other normal damages as the result of recklessness and negligence.”

Moreover, he insisted that the day to day running of the site and safety issues during works do not fall within his firm’s remit.

“In two instances when there was a claim of damages from this elderly woman, either the contractor or the owner himself fixed the damages immediately, as well also the case with other neighbours,” Cutajar said. “The difference with other neighbours is that they appreciate that these are normal damages and that, as long as they are immediately repaired, it is business as usual.” 

Son denies damages were ‘normal accidents’

Eric Schembri, the son of the elderly resident, said that the works have caused four major incidents – with rocks twice falling in his mother’s bedroom and twice elsewhere in her house. As recently as this week, rocks fell onto her pillow.

He rejected the architects’ claims that the damages were “normal”.

“My mother could have got killed if she was in her bed at the time,” he told MaltaToday. “Would it have been normal then? She has been living in that house and sleeping in the same room for 65 years, and the works mean that the last few years of her life could become a misery.

“Doesn’t she have the right to live in peace?”