Issue link: https://maltatoday.uberflip.com/i/1438074
maltatoday | SUNDAY • 19 DECEMBER 2021 19 LAW CLASSIFIEDS HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other com- mercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE SAN GWANN - Close to all amenities and located in the commercial district is this 3 storey OFFICE BUILDING. Presently arranged in open plan layout on each floor, complimenting this there are a number meeting rooms. Each floor has a balcony and toilet facilities, with the 3rd floor having a front terrace over- looking the main street and the back bal- cony with country views. Although the property is currently being used as offic- es, there is the possibility of converting to two apartments and a penthouse with terrace. The property is being offered freehold. Asking price: €760,000. Call on:79899838. SAN GWANN- Open plan 190sqm, ready to move into designer finished second floor apartment in a central quiet street forming part of a block of 5 apart- ments. Two double A/C bedrooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. Direct from owner €350k inquire on 79402244. TARXIEN - Larger than usual first floor duplex maisonette. Three bedrooms; double glazed windows; inverter air con- ditioners including solar water heat- er. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639. SERVICES NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 SPARKLE SERVICES LTD for domestic and commercial cleaning services Call 79707734 SITUATIONS VACANT GDA SALES & SERVICE – located in Victoria Gozo urgently require an expe- rienced technician to carry out work on inverters for Bosch and Samsung wash- ing machines. Applicants must be able to speak English or Maltese. Email your CV to: gdatrade@gmail.com HOTEL RECEPTIONIST - required for a busy boutique & spa in Naxxar. Full time must speak fluent English and have experience in a similar role. Call 99885352 to apply. PURCHASER (Southeast Asia Pacific) - Pad Thai Kitchen Malta Ltd. is seek- ing immediate employment on a full- time basis a person with knowledge of Asian goods for Thai & Asian fusion foods and who could manage all of pur- chasing function that focusing on ven- dors in SEAP (Southeast Asia Pacific) including defining purchasing plan, costing, and importation compliance. The applicants interested in applying must have knowledge of administrative work and well know about the nature of Asian goods is. important. Experienced of ISO9001/QMS in purchasing or importation processes will be an advan- tage. Applicants must be fluent in writ- ten and spoken English and plus one of these languages, Thai or Chinese or Japanese. Interested applicants are to send CV by email to padthaikitchen. malta@gmail.com ROOM ATTENDANT - required to work in a luxury boutique hotel in Naxxar. Full-time, flexible hours on a roster system. Must be fluent in English. Call: 99885352 for more info. SHOP / SALE ASSISTANT - 2 VS Mini Market, has job position for Shop / Sale Assistant. Applicants must have experience, fluently speak English and other languages. Hourly rate Eur4.70. Interested applicants may send e-mail to: secretary@a-plusplus.eu SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Customer Care Clerks, Security Guards, security for places of entertainment and clean- ers. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to hr@signal8se- curitymalta.com.mt WANTED COLLECTIBLE items such panini albums and loose stickers, old postcards and posted envelopes, medals, militar- ia, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632. WHEN a contractor finishes he works he or she was engaged to carry out, he/she will be still responsible even if the works have been accepted and paid. This was held in Aldo Vella and Sandra Vella -v- Quadrant Lim- ited and Woodlands Investment Limited decided on 9 December 2021 by the First Hall of the Civil Court presided over by Mr Jus- tice Grazio Mercieca. The Plaintiff explained in their sworn application that they are owners of property in San Gwann and they had en- gaged the defendant companies to carry out construction and finishing works. The Plaintiffs claimed that these were not car- ried out well and water seeped in and suffered damages. They asked the court to declare the defendant companies responsi- ble for damages and order them to pay these damages. The companies filed a state- ment of defence wherein they first presented 3 preliminary pleas and stated that this case is being dealt with in another case before the Small Claims Tribu- nal and that the action is time barred according to Article 2153 of the Civil Code and the action was extinguished follow- ing a private writing both sides signed in January 2016. The Court analysed the facts of the case where the defend- ant companies had purchased the property and build a block of apartments and garages. The penthouse had to be given to the plaintiffs. In August 2015 the Plaintiff took possession of the property and cancelled the hypothecs. They drew up a snag list and a payment was made. When the items on the snag list were concluded an agreement was drawn up on 28 January 2016 wherein it was written: "The works have been carried out and duly finished by the developers to spouses Vella's specification and full satisfac- tion, and therefore spouses Vel- la irrevocably declare that they are totally satisfied with the works and finishes carried out and there remains no further pendency, claim, rights or pre- tentions against the developers over the property and the works and consequently grant full and final acquittance over the mat- ter in the most ample manner without any reservation." When they moved in to live in the penthouse they experienced water seepage from different parts of the property. The com- panies argued that once the hypothecs were cancelled and the 2016 agreement was signed, the plaintiffs had accepted the works, including the defects that there could have been. Mr Justice Mercieca first dealt with the defence that there was a concurrent action, in Latin 'lis alibi pendens', pointed out that the case before the Small Claims Tribunal concern de- fects in the swimming pool and this case the swimming pool is not included in the claim before this Court. Therefore, the court turned down this claim. As to the two-year prescrip- tion period mentioned in Arti- cle 2153 of the Civil code, the companies held that this applies because the action is a claim on bad workmanship. The plaintiff argued that the action is not time barred because the action concerns a contract of works and therefore, the prescription period is of five years and not two years. The Civil Code allows three types of action when it comes to damages. The first is dam- ages arising from a criminal of- fence and according to Article 2154(1) of the Civil Code the prescription period is based on the prescription period listed in the Criminal Code. The sec- ond type is tort or quasi tort, and this is time barred by two years in terms of Article 2153 of the Civil Code. The last type of damages action is when there a non-performance of a contract, which is not a public deed. This is time barred after five years. The quoted from Joseph Busuttil -v- Emmanuel Schem- bri decided by the Court of Appeal on 19 February 1954, held that one of the criteria to establish whether the damages is contractual is if the fact is in- dependent from the contractual relationship. In Roland Darmanin Kissaun -v- GlobalCapital Financial Management Limited decided by the Court of Appeal on 29 March 2019, the Court held the plaintiff had sought profes- sional services on investments. There was a contractual rela- tionship and the case focused on whether the company's ob- ligations were fulfilled. There- fore, the prescription period could not be of that contem- plated in Article 2153. The al- leged action was not independ- ent and autonomous from the contractual relationship. In this case, the plaintiffs' complaint is not independent from their contractual rela- tionship to carry out the works. Therefore, the prescription pe- riod cannot be of two years. As to whether the action was extinguished by the 2016 agree- ment, the Court held that it is a long-established principle of law, that a contractor is held responsible for the works car- ried out even when the works were accepted. This take place more so if the defects are not apparent. It is the contractor's obligation to see that the works are without any defects and if the works are accepted the con- tractor remains responsible for the works. One of the directors of the defendant companies accepted in cross examination that the company was still re- sponsible after the works are concluded. The Court moved to reject the preliminary pleas presented by the defendant companies. Contractors remain responsible even though the works have been accepted LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates CLASSIFIEDS INFO @MEDIATODAY.COM.MT