The tortious liability of a construction project manager under Maltese law

Abstract

The study's main objectives were to evaluate the Construction Project Managers’ (CPM) awareness of liability within Maltese tort law, their care in managing construction sites, and the potential associations between this awareness, their qualifications, experience, and education. It sought to probe potential liability issues and propose recommendations for a Maltese legislative framework regulating the role of the CPM, by drawing upon insights from foreign jurisdictions, specifically the United States of America (USA). Employing qualitative methods, the study conducted semi-structured interviews with five participants, leading to the identification of five key themes using thematic analysis: Regulating the Construction Project Manager, Liability in Tort, Ambiguity with regard to the Construction Project Manager’s Liability, Level of Care in the Construction Process, and Challenges in the Construction Industry. In the context of Maltese law, CPMs are not regulated, but their role may be scrutinised under the Maltese Civil Code. In construction-related tort cases, CPMs may share a degree of liability with other involved parties, depending on the specific circumstances, adhering to principles applied to traditional roles generally found in the construction industry. Determining liability remains case specific. In the USA, CPMs operate with varying regulations, depending on the state; nonetheless, liability depends on the CPM's role, with some cases addressing tortious liability. The study presented recommendations for clear regulation of CPM roles and responsibilities, including certification criteria with experience requirements, limitations and suggestions for further research were presented.