Tista’ taqra bil-
Malti.
A couple who own a villa in Ħal Luqa have been awarded €30,000 in compensation by the Civil Court, following damage to their property caused by construction works carried out by Infrastructure Malta near the Gudja airport.
The couple initially filed their claim in September 2019, explaining that their villa was located adjacent to offices used by Infrastructure Malta.
In February of that year, contractors Bonnici Bros. Limited and Bonnici Bros. Contractors Limited, engaged by Infrastructure Malta, began constructing a car park on a field bordering the villa’s garden. During the works, the use of heavy machinery caused tremors that affected the couple’s property, leading them to file an injunction to halt the construction.
A written agreement was subsequently reached between the couple, Infrastructure Malta, and the contractors, ensuring that any damage caused would be repaired. However, months later, the couple discovered significant damage to their swimming pool and pump room. Upon consulting their architect, they were informed that the pool had sustained severe structural damage and would require complete replacement at an estimated cost of €80,000.
When the couple sought compensation for the damage, negotiations broke down, prompting them to take legal action. Bonnici Brothers denied responsibility, arguing that it was “technically impossible” for their work to have caused the damage and suggested that Infrastructure Malta should bear the liability.
Infrastructure Malta, in turn, denied any wrongdoing, maintaining that it employed quality contractors and had the right to engage its own architects to assess the damage, as it did not agree with the conclusions reached by the couple’s architect.
The Civil Court, presided over by Judge Toni Abela, appointed its own architect to investigate the matter. The court’s expert confirmed that the swimming pool was leaking due to cracks likely exacerbated by the vibrations from the construction machinery. While there may have been pre-existing minor cracks, the works had significantly worsened the damage.
Although the court’s architect disagreed with the need for a full replacement of the pool, they recommended repair works estimated at €30,055. A subsequent report from three additional architects reaffirmed this conclusion, with their estimate coming in at €30,295.
The court ruled in favour of the couple, confirming the validity of the architectural reports and holding both Infrastructure Malta and Bonnici Brothers liable for the damage. The two entities were ordered to pay the couple €30,295 in compensation, as well as covering the costs of the legal proceedings.
Judge Toni Abela delivered the final judgement in this case.
