Risk management in the Maltese construction industry : identifying gaps and proposing remedial measures

Abstract

The construction industry is one of the most dynamic industries, and due to its complex inherent nature, it presents various challenges to its stakeholders. With respect to the Maltese context, the main drivers of the industry's development were economic growth, the development of machinery and building techniques, and the transition from one to three-storey townhouses to blocks of apartments and high-rise buildings. In consequence, the inherent risks that used to prevail have changed and evolved accordingly. The legislator recognised this transition in the Maltese construction industry and responded by updating and introducing several new legal provisions. However, since the construction industry is very high-risk, the legislator must ensure that the legal provisions safeguarding adequate risk management are up to date and detailed, and all lead to the desired outcomes. Having inadequate risk management obligations may lead to very dire consequences, including bodily injury and loss of life. This research will seek to investigate the adequacy of the legal provisions that govern risk management within the Maltese construction industry. The employed methodology is of a qualitative nature and utilises a thematic analysis technique. In addition to investigating the adequacy of the current legal provisions, this study will also suggest ways to address any identified shortcomings.