Issue link: https://maltatoday.uberflip.com/i/519957
maltatoday, SUNDAY, 31 MAY 2015 6 News CONTINUED FROM PAGE 1 More im- portantly, in a letter dated 24 No- vember 2011 to FMS chairman architect Paul Camilleri, who signed the original Project Clo- sure Agreement in 2009, St John admits and writes: "Moreover, withholding monies contemplated by the project clo- sure agreement, in the light of all outstanding works having been delivered, would be in breach of the same agreement," referring to the project closure agreement. Indeed in its letter replying to the €200,000 claim, Skanska make it very clear that any claims for defects which could be claimed under the Maltese civil code were in fact 'incorrect'. The FMS had complained of the quality of water tanks that were constructed prior to Octo- ber 1996. FMS minutes dated 5 May, 2010 stated: "FMS said that water tanks have been found to be affected by defects. The floor has come up by 150mm and the water proof- ing on the water proofing side has come off the walls... this is a re- cent development and the extent and reasons behind the apparent failure of the tank/s structure is still being evaluated." But in their letter dated 26 July 2011, Skanska told FMS: "In re- sponse to your correspondence dated the 3 March 2011, SMJV maintain their position as previ- ously outlined. Any obligation that may have existed for SMJV to rectify the defect, as highlight- ed in the attached report, was waived by FMS through clause 9.1 of the project closure agree- ment." The report, undertaken by ar- chitects Demicoli & Associates and revealing the defects in the water reservoirs, was submitted by Skanska, which made it very clear to FMS that it was doing so "without prejudice". "In SMJV's considered opinion, FMS's attempt to claim that a rel- atively minor leaking water tank constructed prior to the Original Contract Agreement of February 2000 can be claimed under the Maltese civil code, contrary to the Project Closure Agreement, is incorrect." Former health minister Joe Cassar, who replaced John Dalli in February 2010, was asked by MaltaToday if he knew about the waiver for Skanksa. But he suggested we direct our questions to Dalli, even though he was parliamentary secretary for health at the time. When asked if he was aware as minister that the FMS had min- uted on the 5 May, 2010 the se- rious problems with water res- ervoirs, he again said that he did not know. Cassar was also asked whether Skanska had written to FMS, in a communication dated 26 July 2010, insisting that they would not pay any claims since they had been waived by FMS through clause 9.1 of the 2009 project clo- sure agreement. In all cases Joe Cassar replied that he, as then health minister, was unaware that Skanska had cited the waiver agreement. Last week, MaltaToday pub- lished the waiver clause that ef- fectively exonerated Skanska from any claims for defects at Mater Dei Hospital. The revelation came af- The response dated 26 July, 2011 from Skanska, to FMS making it abundantly clear that SMJV were upholding the interpretation of the waiver signed in 2009 Waiver gave Skanska way The first letter dated 3 March, 2011 sent by FMS to Skanska arguing that if the costs were not covered by SMJV [Skanska Malta Joint Venture], FMS would claim the costs under Malta's Civil Code