Determining tortious liability and criminal liability in construction accidents

Abstract

This paper studies the Maltese building and construction regulatory sector, with special attention given to the attribution of liability in construction accidents towards third parties. This research concentrates firstly on the building and construction statutory framework outlining the various practices and the process involved in the execution of a construction project adjacent to third party property. Secondly, the study focuses on the Court’s interpretation in finding the party responsible in the event where a construction accident occurs namely, the responsibility of the contractor, the client and the architect where third parties suffer victims by referring to local case-law. The author will analyse the Court’s evaluation in attributing liability where a tort claim may arise as well as in criminal proceedings and the delimitation of the court’s interpretation with regards to the responsible party in both sittings. Thirdly, this paper will provide a comparative study with reference to the United Kingdom’s position when it comes to the attribution of liability on the occupier of the premises in tort. In relation to findings, this study reveals that the current regulations governing the building and construction sector are inadequate and ill-construed and the difficulty in finding the responsible party in a construction accident as a result of the absence and vague regulations in relation to liability. This study also reveals that the Court applies different interpretations when determining the liability of the contractor, the client and the architect in tort claims when compared to the liability of such parties in criminal proceedings. Last but not least, this paper confirms and accentuates the need for reform in the Maltese building and construction industry given that construction accidents are in the present day much more common undermining the life and property of third parties and effective safeguards need to be set immediately in order to prevent such mishaps.