Aspects of building litigation for architects in Malta

Abstract

A person possessing a warrant to practice as an architect and civil engineer in Malta is not only expected to be proficient in the design of attractive and economical buildings and structures as well as capable of providing efficient site supervision, but he is also expected to coordinate the various disciplines which collaborate to produce a satisfactory building. In fact the full scope of the profession is better encompassed in the Maltese word 'perit' which literally translated from Italian means an expert. Indeed in matters concerning buildings or the operation of building the Court frequently nominates architects and civil engineers as its experts (periti) to report on the case and to give their opinion as to the fair solution to the dispute (Ss. 644, 650 Code of Organization and Civil Procedure). Architects are often nominated by the public authority to serve on several semi-judicial boards such as the Rent Regulation Board, the Planning Area Permits Board, the Traffic Control Board, the Antiquities Boards, the Aesthetics Board etc. They are also frequently engaged by Government, public corporations, private companies and individuals to inspect and report on technical matters in order to establish the facts or in order to counter claims by third parties.