Issue link: https://maltatoday.uberflip.com/i/1514108
maltatoday | SUNDAY • 7 JANUARY 2024 11 LAW CLASSIFIEDS A contractor cannot inflate the price of extra works, if the par- ties had agreed on the rates, be- fore the works started. This was held by the Magistrates Court presided by Magistrate Dr Marse-Ann Farrugia in a judg- ment delivered on 15 Decem- ber 2023. The case was Mario Falzon on his behalf and on be- half of Proman Interior vs Erika Zammit. The claim amounted to €10,951 which represented plumbing, electricity and masonry works in a property in Hal Lija. The Defendant, Erika Zammit filed a statement of defence, in which she stated that she paid for the works according to the rates the Plaintiff had quoted and that he should suffer the court costs, because he failed to turn up for meetings with the ar- chitect to verify the works. The Court analysed the evi- dence brought before it. The Plaintiff had given quotations for finishes that needed to be done in the Defendant's prop- erty. In fact, she had given him the architect's plans. The quote was over €31,000 but the final bill was of €42,000. The Plaintiff explained that the increase in price took place because of the difference in the quality of the work and there were additional works. The Plaintiff further ar- gued that he did not agree with the Defendant's architect's cal- culations. The architect testified that her calculations were based on the agreed bill of quantities. She explained that there was agreement on the bulk of the works but not on all. The Defendant testified that there was an agreement on the quotation, however, the Plaintiff issued a bill which was higher. She explained how five items were in fact higher than that originally quoted. Furthermore, she explained that not all the works were complete and other works were not authorised. The Court pointed out that in the proceedings the Defendant claimed that the works were not done well, however, no plea was raised on this. Since no formal plea on the quality of the works were raised then the court did not consider this as a defence. The main issue at stake was quotation five, in April 2012, which was different from the in- voices issued in March and July 2013. The Court further pointed out that the quotation included the furniture of the bedroom and this was not delivered. As such the Plaintiff reduced the claim by €1,976. The Court held that the original agreement between the parties established that a soffit was to be placed in the bedroom, but as the works were being carried out the Defendant wanted to place more soffits in other rooms. The Court held that the Plaintiff has a right to be paid for works he carried out. But the Plaintiff had to apply the same rates for any extra work done and not change the rate. The Plaintiff in fact changed the rates for additional works. Another point of contention was the works carried out in the basement. The Plaintiff de- scribed this part of the invoice as painting and decoration of the walls. However, the Plaintiff only applied oil to the walls. The walls are carved out of stone and therefore there were no stones to plaster. In cross-examination, the Plaintiff was not clear on what these were and how they were charged. The Court com- mented that the quotation given by the Plaintiff did not include works in the basement, because they discovered the basement after the quotation was given. The Court analysed the photos presented and the basement is formed from cut rock and a built wall. Therefore, the Plain- tiff should be compensated for the work carried out. The Court established that the amount claimed should be reduced, to reflect the quote agreed upon. The Court repeated this when calculating the claims for works on the windows and doors and flooring and wall tiling. In all the Court calculated that the Plaintiff was owed €6,259, a lesser sum. As to the costs of the case and the plea that the Defendant should not be condemned the costs, the Court quoted Article 223(1) of the Code of Organisa- tion and Civil Procedure.: "(3) In all cases, it shall be law- ful for the court to order that the costs shall not be taxed as be- tween party and party, when ei- ther party has been cast in some of the points at issue, or when the matter at issue involves diffi- cult points of law, or where there is any other good cause". The Court held that although the Defendant was right in that she did not have to pay the total claim, but at the same time the Plaintiff was also right in that he was owed money. Another fac- tor is that the Plaintiff reduced his claim during the case. The Court ordered that each party pay its own costs. Contractor must charge at rates listed in quotation CLASSIFIEDS INFO @MEDIATODAY.COM.MT LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates 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 SITUATIONS VACANT CASHIER/GENERAL ATTENDANT - Padthai Kitchen Malta Limited are seeking the immediate employment, on a full-time basis, of a person with knowledge of Thai cuisine, to work as a Cashier/General Attendant and to also assist in general restaurant duties, for example explaining to custom- ers the ingredients of dishes offered. Although no particular qualifications are required, the ideal candidate must be fluent in written and spoken Thai and English, must also demonstrate sound knowledge of Thai traditional and Thai cuisine. Experience in a sim- ilar position would be considered an asset. The candidate must also have a clean criminal record. The duties of the chosen candidate will include handling sales, assisting patrons with queries, helping as necessary in the restaurant (not cooking). The gross salary of €5.50 per hour is being offered to the suita- ble candidate. Interested candidates are to send CV by email to padthaikitch- en.malta@gmail.com with the words "Cashier/General Attendant" as the sub- ject, by no later than 15th January 2024. ELECTRICIANS ASSISTANT - Rene Sciberras is seeking an Electricians Assistant. Kindly send your CV on: primuelectrician@gmail.com KITCHEN HELPER - Padthai Kitchen Swieqi are seeking the immediate employment, on a full-time basis, of a person with knowledge of Thai cuisine, to work as a Kitchen Helper to assist in Kitchen and general restaurant duties, Although no particular qualifications are required, the ideal candidate must be fluent in written and spoken Thai and English, must also demonstrate sound knowledge of Thai traditional and Thai cuisine. Experience in a sim- ilar position would be considered an asset. The candidate must also have a clean criminal record. The salary of €5.50 per hour is being offered to the suitable candidate. Interested can- didates are to send CV by email to padthaikitchen.malta@gmail.com with the words "Kitchen Helper" as the sub- ject, by no later than 15th January 2024. P L A S T E R E R AND GYPSUM INSTALLERS - Xuereb Installations Ltd of Tal-Hlas Road Qormi are seeking the immediate employment, on a full-time basis, of people skilled in plastering and in gypsum installations. The ideal candidate should be in possession of the appropriate qualifications related to gypsum assembly, construction works, plastering and painting. In the absence of qualifications, three years of expe- rience are required, in gypsum assem- bly, construction works, plastering and painting. A salary of €12,000 per annum is being offered to suitable candidates. Interested candidates are to send their cv by email to xil@xuerebinstall.com PL A ST E R E R S AND GYPSUM INSTALLERS - Pro Finishes Ltd of 131, Triq Tal-Franciz Swieqi, are seeking the immediate employment on a full- time basis, of persons skilled in plaster- ing and in gypsum installations. The ideal candidate should in possession of the appropriate qualification's rela- tion to gypsum assembly, construction works, plastering and painting. In the absence of qualifications, three years of experience are required, in gypsum assembly, construction works plastering and painting. A salary of €12000 per annum is being offered to the suitable candidates. Interested candidates are to send their CV by email to info@profin- ishesltd.com RANGER LTD – requesting drivers for commercial goods vehicles. Contact us for further details by email: godwin@ godwinsgarage.com or tel: 21377007 SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling the following posi- tions as Customer Care Clerks, Security Guards, security for places of entertain- ment and cleaners. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to: hr@signal8securitymalta.com.mt