Managing Construction December January 2024

Editorial Publications and Financial Officer: Fabrizio Gerada MCIOB Welcome to the eighth edition of Managing Construction Magazine. This edition marks the conclusion of a busy year for our chamber. As highlighted in our previous editions, we've hosted numerous engaging events and activities. Additionally, this year marks the commencement of the Malta Chamber of Construction Management's updated strategy, as unveiled during our Annual General Meeting.

Who We Are The Chamber is the voice of the construction managers at the various levels operating in Malta and beyond. We promote and expect, high standards in, quality, ethics, integrity and to be at the forefront of innovation of the local built environment. Through our input we strive to influence policies and regulations that impact the industry and their impact on the common good.

The scope of the magazine is divided into two main sections. The first covers updates on the chamber's activities, while the second aims to enhance readers' knowledge across various aspects of the construction project manager's life cycle. While we're still working towards official recognition, our commitment to developing our members' professionalism in the industry remains unwavering.

Mission Statement

The technical articles featured in our magazine have inspired the creation of communities of practice and Continuing Professional Development (CPD) classes held on our premises. We presented certificates of attendance during the AGM, and we're pleased to announce that the Chartered Institute of Building (CIOB) now recognizes these CPDs. Chartered CIOB members can include them in their yearly submissions.

To promote science and technological advancement in the process of building and construction for the public benefit.

To be at the forefront of public education, encouraging research and sharing the outcome from this research.

Our goal is to attract diverse professionals from various sectors of the construction industry. The possibilities are endless, and we'll continue to update you on the latest trends and techniques to enhance professional quality.

To make sure that advancement in the built technology is aimed at improving the quality of life of the public in general.

Feel free to reach out to us through our channels if you'd like more information or have suggestions for articles in our publication.

To enhance professionalism, encourage innovation and raise quality in construction management.

To promote high standards and professional ethics in building and construction practices.

To promote the highest levels of integrity in every decision that we take that affect others.

Chamber Strategy Document for 2024-2026

To respect all those affected by our decisions

Editorial enquiries: info@mccm.org.mt

TO BE THE DRIVER OF A CULTURAL AWARENESS CAMPAIGN STRIVING FOR PROFESSIONALISM IN THE CONSTRUCTION INDUSTRY.

Advertising: info@mccm.org.mt

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Legal

Court Report Dr. Ivan Mifsud LLD PHD

In Appeal Ref 330/21JB the Environment & Planning Review Tribunal (EPRT) upheld the appeal lodged by a third party, who was seeking the revocation of an approved application to change the use of a shop covered by a Class 4B permit, to a snack bar Class 4D. One of the main contentions was the fact that the applicable Local Plan did not cater for food establishments in the area, which area was classified as ‘residential’.

Indeed the local plan sought to preserve the amenity of the residential area; on their part the developer submitted that within a hundred metres from the proposed development there were three food outlets, and therefore there was sufficient commitment in the area to justify the approval of this application. While the EPRT acknowledged the existence of these three catering establishments, it pointed out that all of them dated to before the coming into force of the local plan. The EPRT sought to reconcile the existence of these three catering outlets with the fact that the local plan did not allow for catering outlets and sought to protect the area as a residential one. The EPRT concluded that the fact that there was a clear commitment did not suffice, because the three catering outlets were granted permits before the local plan and not under the current regime; they were also situated in wider, more open areas than the location of the current disputed outlet, on the basis of these

considerations it was concluded that the approval of this application would indeed affect the amenity of the current residential area which the local plan sought to protect and any departure from the local plan and its intention to preserve the residential nature of the area was unjustified.

The EPRT also observed that the development in question was situated very close to a highly congested area; the third party and the local council had both expressed concern for the effect that such an outlet would have on an area which already had a traffic problem, but the planning commission when deciding the application only considered what Transport Malta had to say about the matter, which was simply that this should be decided according to applicable plans and policies. The EPRT thus concluded that the catering outlet could only worsen the existing congestion and on this basis upheld the appeal, ordering the revocation of the disputed permit.

Looking for a

Construction Project Manager or a Site Manager?

Reach out to our chamber and we will help you find the right professional for the job!

E: info@mccm.org.mt W: www.mccm.org.mt T: +356 7711 6778

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BIM Standards - BS EN ISO 19650-1 (Cont’d) Clarabel Zahra Versace

BS EN ISO 19650-1: Organization and digitization of information about buildings and civil engineering works, including building information modelling -- Information management using building information modelling: Concepts and principles.

information, exchanging information, versioning, asset information model and project information model. The document can be implemented to project of any type and scale.

BS EN ISO 19650-1 was published in 2018 and supersedes BS 1192:2007+A2:2016 and PAS 1192-2:2013. This first part of the 19650 Series establishes the concepts and principles for information management and production throughout the whole lifecycle of an asset using BIM (Building Information Modelling).

Information Management according to ISO19650 is represented in maturity stages as shown in the figure below. These are Stage 1, Stage 2 and Stage 3, which indicate that the development of standards, advances in technology and other forms of information management contribute to increase the business benefit. The ISO19650 series is mainly implemented in Stage 2, in fact it is know as ‘BIM according to ISO19650’. However it can be partially implemented in the other two stages.

It gives suggestions on information management covering organizing information, asset information, project

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BS EN ISO 19650-1 can be used by various professionals such as: • Professionals involved in the procurement, design, construction and/or commissioning of built assets; • Professionals involved in delivering asset management activities, including operations and maintenance.

The use of this standard help in removing barriers for collaborative working and competitive tendering across borders and increase opportunities. In addition to this the use of project information models aid in reducing risks and costs. Part of this document is the National Foreword which explains the terminologies used and UK terms equivalent to the ISO196850 terms.

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Health and Safety

The Occupational Health and Safety Policy

Act XXVII/2000 requires that all employers document a health and safety policy governing all aspects regarding the health and safety of employees and other persons who may be affected by the work carried out by the company (or establishment or undertaking). This is a very serious legal requirement which is not given enough importance by Maltese employers in general. So, what is exactly an OH&S Policy and what value-adding benefits does it bring to a business, organisation or undertaking?

First off, readers shall have already noticed how reference to employers includes any employer, business, organisation or undertaking. This is because the OH&S regulations do not exclude any type of organisation from its obligations towards the law. Any type of organisation must ensure that its employees, as well as other persons who may be affected by works undertaken, are protected from injury, ill-health or any hazard or risk resulting from the work. So, the first benefit deriving from the OH&S Policy is that the company, organisation or undertaking complies with the law – in Malta this being the Act and all subsidiary legislation (S.L.).

Other important benefits deriving from a good OH&S Policy include: • Demonstrating commitment towards OH&S as required by law, thus generating a defensible position at law in the event of an accident or incident.

• Communicating management commitment and positive intent towards OH&S with all stakeholders – employees, participating parties and others who may be affected by the work.

• Providing effective information to the relevant stakeholders, as required by Law. • Outlining work-arrangements, methods and resources.

• Engaging directly with workers and their representatives on matters relating to OH&S. Apart from being a legal requirement, a good OH&S policy is a valuable management tool. Too many organisations underestimate its importance, when in fact they should be ensuring that a cogent OH&S policy is documented, communicated to all stakeholders and effectively implemented. It is very easy to avoid having an OH&S policy, but in doing so employers are breaking the law and also failing to derive the strong benefits.

A Practical Exercise In this edition, we thought to do a little exercise so that readers can understand better some of the more common misconceptions that regularly undermine OH&S in Malta.

We have taken four very common statements, made in Maltese, and explain why they are wrong and how they effectively place the duty holder at risk.

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“Jien il-Kuntrattur u mal-binja biss ghandi x’naqsam!!

Lili ddahhalnix fiha!!”

I am only the contractor on this project and only responsible for construction. Safety is not my responsibility, so please address your concerns to whoever is responsible.

regulations are clear on this point – all work must be assessed for hazards and risks that may arise, on the basis of the specific work conditions, tasks or processes which employees must execute. There is no excuse in not knowing about hazards, risks or unsafe conditions that may arise during work, and there is no room for excuses once an accident occurs. This may sound harsh, but it is the reality.

This assertion is completely false. Nowadays it is inconceivable that any contractor should be unaware of their legal obligations, duties and responsibilities.

L.N.88/2018; OHSA Construction (OH&S) Regulations is possibly the most utilised regulation and the structured relationship between the project client (developers) and all contracted parties (the contractors) is crystal clear. The principle is very simple, clear and unequivocal – every single employer is responsible at law to ensure the health and safety of their workers throughout the works process and is further responsible to ensure that third parties (referred to as “others” in the regulations) are not harmed in any way as a result of the works, directly or indirectly.

The OH&S Regulations provide a powerful framework for observing and implementing requirements. Employers, as primary actors in a chain of duty holders, must ensure that the law is upheld, effectively and yes, as cost-effectively as possible. Costs and expenditure can never be used as an excuse for not discharging a duty, much less as an argument in defense in case of an accident or incident.

A good OH&S Policy can go a very long way to protect the employer against unnecessary legal liabilities. Employers must take responsibility for OH&S across all work operations and commit to upholding all legal requirements.

Employees are duty bound to cooperate and collaborate with their employers in ensuring that works are safely executed, of whatever nature. Just think about it for a second: the rewards outweigh the risks by far … …

“U toqghodx tinkwieta!!

Ghandi insurance tajba ghal li jista jinqala’!!”

Don’t worry about us; we are fully covered by insurance.

Also, this commonly heard statement is wrong and a falsehood, on two counts. Insurances do not cover for any potential criminal element in the event of an accident at the workplace (the criminal liability). Second, insurance may only become relevant insofar as any restitution of damages arising from any ensuing civil case.

Furthermore, insurers will only settle for damages in the manner prescribed in the contract between them and the insured party (the contractor/employer in this case), and any breach of legal duty on the part of the employer/contractor would be considered throughout the settlement process.

John Schembri, MSc. (Sy & RM), L’cstr; PgC (OH&S), P’mth; CBCI; SIRM SHIELD Consultants are specialists in writing policies relating to operational risk management, including OH&S policies as required by OHSA Act XXVII/2000.

Contact us on: info@shield.com.mt for a free consultation

“Fejn tobsor f’mitt sena li kellu jinqala li gara??!! Ma stajt naghmel xejn.

Tahseb li kont naf ma kontx niehu hsieb??”

You couldn’t imagine something like this happening in a hundred years.

There was nothing I could have done about it. Surely you believe that??

Yet again, this is a pointless argument which does not protect the employer/ contractor or employees who reason in this manner, on any level. The OH&S

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The Changing of the Guard Michael Spiteri

The state passed subsidiary legislation 424.36 in 2018, which mandates that construction sites install and maintain guards or railings at all exposed edges and dangerous locations. These guards or railings must be of appropriate construction, made of sound material, have a suitable height, and be strong enough to serve their intended purpose.

death on construction sites and the leading cause of serious injuries.

However, confusion exists regarding the interpretation of this rule and questions about edge protection material and installations are chief among them. The reason edge protection is such an important component to jobsite safety is that falls from height are the number one cause of

In Malta, outdated technology such as job-built lumber guardrails are still in use, but it is often insufficient to ensure safety and compliance with occupational health and safety regulations. From a distance, "the way we have always done it" could appear safe and legal, but job-built

So, let’s think this through. Railings are chosen as the method of fall protection. Have you ever stood near the perimeter of a building under construction, looking at the railings, and wondered: “I know. Those railings are supposed to keep the workers safe”. Imagine standing at a height of ten meters or more, or bending over two slender, uneven wooden railings that are poorly fastened together and held up by a vertical sawn wooden plank nailed haphazardly to concrete. That railing appears to be there to prevent you from falling.

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guardrails never ensure quality or OHSA compliance.

Every piece of wood is different from another. There could be defective material that is widely used. I seldom come across wooden railings that are consistently safe. The worst examples include those that are erected quickly with poor material, are missing crucial components, and give construction workers a false sense of security. Is the breaking strength determined to be compliant with legal standards?

It is a system that is intended to allow the MCCM to welcome members from across the Construction Management community

EN 13374:2013 specifies the requirements besides test methods for temporary edge protection systems for use during construction or maintenance of buildings. This standard outlines the specifications for three levels of temporary edge protection and is applicable to edge protection systems for both flat and sloped surfaces.

“

One of the reasons for the continued use of job-built wooden guardrails is the cost factor, as engineered steel guardrails are considered costly. This suggests that financial considerations may play a role in the decision to use less effective safety measures.

Who is responsible?

This raises the question of responsibility and enforcement for ensuring proper edge protection measures.

The primary means of enforcement is the responsibility of authorities. The regulations are in place, but there's confusion and a lack of consistency in implementing them.

OHSA has delegated its authority to individuals to ensure that they meet requirements and are complying. These inspectors are experienced safety professionals who are trained to look for on-the-job hazards and ways to prevent injuries from occurring. The responsibility may also lie with those involved in construction site management including contractors to emphasize the need for better compliance and a focus on worker safety.

Next Step Clearer guidelines and enforcement on edge protection materials and installations seem like a logical next step.

Education and awareness campaigns could also be beneficial. Many might not be aware of the potential risks associated with outdated and unsafe guardrails or the importance of using proper materials. Additionally, collaboration between the regulatory authorities, construction site management, and contractors is crucial.

Ensuring that everyone involved is on the same page regarding the importance of safety measures can lead to more consistent implementation.

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Zero-Emission Buildings

Gabriella Borda

Another pivotal objective of the Directive is to stimulate and support building renovations, fostering a transition towards emission-free heating systems. In the case of the Maltese Islands, we must prioritize our cooling systems.

Ensuring the sustainability and energy efficiency of our infrastructure demands the adoption of state-of-the-art technologies. By embracing these advancements, we can contribute to a more sustainable and resource-efficient approach to cooling systems.

The building sector stands as a pivotal player in the ambitious goal of reducing greenhouse gas (GHG) emissions within the European Union (EU). The recently proposed revision of the Energy Performance Building Directive (EPBD) outlines a strategic pathway for Europe to accomplish a fully decarbonized building stock by 2050.

Presently, the weighted annual energy renovation rate hovers at approximately 1% on average. Compounding this challenge, it's noteworthy that between 85% to 95% of the buildings standing today are projected to endure until 2050. Considering that 75% of this existing building stock is deemed inefficient, achieving the decarbonization goals for the EU building sector necessitates a large-scale, transformative effort in energy renovation.

Recognizing the influential role of the building sector, this directive sets forth a comprehensive framework that charts the course toward a sustainable and low-carbon future. By addressing energy performance standards and promoting sustainable building practices, the revision of the EPBD serves as a cornerstone in the EU's commitment to mitigating climate change by transforming its building infrastructure.

The transformation we envision in this industry is not devoid of challenges. Hence, it becomes imperative for stakeholders within this sector to meticulously identify the Environmental, Social, and Governance (ESG) material factors. Recognizing these factors is crucial as they have the potential to evolve into both risks and opportunities.

By discerning and addressing these elements, stakeholders can not only navigate challenges more effectively but also position themselves to capitalize on emerging opportunities within the evolving landscape.

Zero-emission buildings (ZEBs) stand as a vital element in the European Union's overarching strategy to achieve climate neutrality. Beyond their primary role in reducing carbon emissions, ZEBs have the potential to unlock additional benefits, including enhanced resilience, recyclability, security, and positive impacts on public health. It is imperative to promptly transpose the ZEB concept into action within this strategic framework. This urgency is crucial to avoid the pitfalls that were encountered during the initial implementation of Nearly Zero Energy Buildings (NZEBs). By proactively and effectively implementing ZEBs, we can ensure a smoother transition toward sustainable and climate-resilient built environments.

I intend to delve deeper into the aspects mentioned in the concluding section of this piece in my upcoming writing, offering a more detailed exploration of the challenges and opportunities associated with the industry transformation within the context of the local scenario.

The fundamental strategies for attaining a decarbonized building stock in the European Union have been outlined within the framework of the EPBD. This directive serves as the guiding force, delineating the key pathways toward achieving our shared goal of reducing carbon emissions and fostering sustainable building practices across the EU. The Directive has incorporated energy performance requirements for technical building systems, underscoring the significance of financial incentives as catalysts for promoting energy renovations. This includes leveraging support through structural funds, marking a pivotal step in advancing energy efficiency within the building sector.

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Interior Design

Elevating Well-Being: The Profound Influence of Interior Spaces Vera Sant Fournier

As we approach the end of 2023, it's an opportune time to reflect on the significance of our interior environments and their impact on our mental well-being. As a seasoned interior designer, I've witnessed firsthand the transformative power that well-designed spaces can have on the human psyche.

Our homes serve as sanctuaries, influencing our mood, productivity, and overall sense of happiness. As we step into 2024, let's acknowledge the crucial role our surroundings play in shaping our well-being. Consider the concept of "biophilic design," a practice that integrates natural elements into interior spaces.

Incorporating plants, natural light, and organic materials not only enhances aesthetic appeal but also fosters a connection with nature, reducing stress and increasing overall positivity.

that reflects your personality can evoke a sense of comfort and belonging.

In the fast-paced world we live in, creating designated spaces for relaxation is essential. Consider a cozy reading nook, a meditation corner, or a comfortable lounge area where you can unwind and recharge.

The color palette is another crucial element that profoundly affects our emotions. Soft, calming hues like blues and greens promote relaxation, while vibrant tones inject energy into a space. Thoughtful color choices can create a harmonious atmosphere that resonates with our emotions.

As we bid farewell to this year, let's prioritize the intentional design of our living spaces. Investing in our interiors is an investment in our mental well-being. May 2024 be a year where each room becomes a haven, contributing positively to our daily lives.

Personalization is key. Surround yourself with items that hold sentimental value or bring joy. A well-curated space

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A Net Zero Economy

Why This Transition Requires Leadership at All Levels – Part 7

David Xuereb

In the small archipelago of Malta, the call for a net-zero economy is not merely a global aspiration but a local imperative that will benefit us. This island nation, known for its rich history and vibrant culture, is not immune to the challenges posed by climate change. Lets be clear, the transition to a net-zero economy in Malta requires leadership at all levels, with a particular emphasis on the critical role played by the building industry.

Local Challenges, Global Solutions Malta faces unique challenges in its pursuit of economic and social sustainability, and the building industry stands at the forefront of this transformation. The architecture of Malta, with its historic buildings and densely populated urban areas, presents distinctive challenges and opportunities for sustainable development. Local leaders within the building industry must navigate these complexities with purpose to ensure that Malta's urban landscape aligns with global sustainability goals.

construction, but also lays the foundation for a more sustainable urban infrastructure, improves the offer of qualitative inventory, attracts the right investment, benefits from attractive finance and connects with personal purpose of the up-and-coming talent seeking to develop a career in this industry.

Governmental Initiatives and Regulations Leadership at the national level is equally crucial. The Maltese government plays a pivotal role in guiding the building industry toward sustainable practices.

Implementing and enforcing regulations that promote energy-efficient construction, incentivizing the use of renewable energy sources in buildings, and encouraging the adoption of meaningful green building certifications are essential steps. Government-led initiatives must serve as a catalyst for the entire building sector to embrace a transition of an industry that reassures its own sustainability.

Community Engagement and Awareness

Building a Greener Future The construction sector is a significant contributor to carbon emissions globally, and Malta is no exception. Local leadership within the building industry must be instrumental in driving change. Architects, engineers, contractors and developers must embrace sustainable design principles, incorporating energy-efficient technologies and renewable materials into their projects with a clear life-cycle ambition.

This shift, not only reduces the carbon footprint of new

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In a country where communities are tightly knit, local leaders within neighborhoods and local councils play a vital role in promoting sustainable living. Community engagement is key to fostering a culture of collective environmental responsibility. Leaders within local communities can encourage energy-efficient retrofits, the adoption of solar panels, and the preservation of green spaces. By fostering a sense of shared responsibility, these leaders must contribute to the broader vision of a net-zero Malta.

Educating and Empowering Individuals Individuals within the building industry, from contractors to homeowners, also play a critical role in Malta's transition to

a net-zero economy. Training programs and educational initiatives will empower professionals with the knowledge and skills needed to implement sustainable practices.

also set an example for other regions facing similar challenges.

In conclusion, Malta's journey to a net-zero economy is intrinsically tied to the leadership within its building industry. Do we have that leadership? Do we have this ambition? These are the questions. I believe that this is a nation that has started late and that we are seeking to accelerate this transformation. Because of the late start, Malta needs true and strong leaders in all of its sectors. We all need to be leaders that work true to this purpose. By really embracing and deploying impactful sustainable practices, adhering to stringent and targeted regulations, and fostering a culture of environmental and social responsibility, Malta should position itself as a beacon of sustainable development in the Mediterranean and beyond.

Leadership within the building industry involves a commitment to ongoing learning and adaptation to emerging technologies and methodologies that promote eco-friendly construction.

Collaborative Efforts for a Sustainable Future The transition to a net-zero economy in Malta requires a collaborative effort from all stakeholders. The government, the building industry, communities, and individuals must work together to overcome challenges and seize opportunities. A holistic approach that integrates sustainable practices into every facet of the building sector will not only contribute to Malta's net-zero aspirations but

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Materials

Bringing Technology to the Surface Climatic conditions play a crucial role in shaping the performance and longevity of products protecting a building's facade and roof. Extreme weather elements such as rain, wind, temperature fluctuations, and UV radiation can have diverse effects on both the structural and visual aspects.

The effects from rainfall on a poorly protected façade can lead to water infiltration, causing damage at surface level and in depth, with moisture retention resulting in mould and mildew growth, effecting appearance and structural integrity. Prolonged exposure to UV rays can lead to the fading and degradation of paint or coating on the façade which may accelerate the aging process of materials, impacting the overall aesthetic appeal.

Temperature fluctuations, especially pronounced in our hot summer climate, induce expansion and contraction of our traditional inverted roofs, whilst associated thermal stress can indeed affect the structural integrity of a roof with such possibly giving rise to the formation of cracks and gaps appearing in the roof protection systems.

Understanding and addressing the impact of climatic conditions on a building's facade and roof is essential for ensuring both functionality and aesthetics. Such is achieved by installing high quality facade materials and roofing protection systems that are resistant to moisture, UV radiation and temperature fluctuations that will provide longevity and performance for these elements to be suitably protected.

In the realm of interior construction and design, the choice of materials plays a pivotal role in determining the overall quality and longevity of a space. Among the myriad of options available, high-quality gypsum boards emerge as indispensable components for creating durable and aesthetically pleasing indoor environments. Gypsum boards, also known as drywall, are renowned for their

versatility, ease of installation, and moisture, acoustic and fire resistant properties. Investing in top tier gypsum boards ensures a foundation that not only withstands the test of time but also contributes to the safety and well being of occupants. The inherent strength and resilience of high quality gypsum boards serve as a safeguard against structural deterioration, whilst the significance of such safety features cannot be overstated, making the use of high quality gypsum boards a non negotiable aspect of indoor construction.

Complementing the structural integrity provided by gypsum boards, the choice of paints for indoor spaces holds equal importance in shaping the overall environment. Opting for high quality paints goes beyond mere aesthetics; it directly influences the indoor air quality and the overall health of occupants. Inferior paints often contain harmful chemicals known as volatile organic compounds (VOCs), which can off-gas into the air, contributing to indoor air pollution. In contrast, premium paints are formulated with low or zero VOC content, ensuring a healthier and more breathable indoor atmosphere.

Moreover, the durability and colour retention offered by high quality paints contribute to the long term isual appeal of indoor spaces. These paints resist mould, fading and cracking, whilst maintaining the vibrancy of colours and preserving aesthetic appeal. The investment in high quality paints not only enhances the immediate visual impact but also proves to be cost effective over time, as spaces require less frequent repainting.

In conclusion, the imperative of using high quality building materials for both outdoor and indoor environments lies in the intersection of structural resilience, safety and occupant well being. By prioritising these essential components, one not only ensures the longevity of a building but also creates a conducive environment that promotes health, safety and visual excellence.

Brought to you by the Mac Med Group

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Letter of Intent (LOI) VS Letter of Acceptance (LOA) in Construction Contracts Mohamed Elaida MCIOB In the realm of construction contracts, the exchange of formal communications plays a crucial role in establishing the terms, conditions, and expectations between the parties involved. Two key documents that are often utilized in this process are the Letter of Intent (LOI) and the Letter of Acceptance (LOA). Both letters serve distinct purposes within the construction industry, providing a framework for collaboration, setting expectations, and formalising agreements. This comparative analysis aims to delve into the characteristics, functions, and significance of the Letter of Intent and the Letter of Acceptance in the context of construction contracts.

LETTER OF INTENT (LOI): The Letter of Intent is a preliminary document exchanged between parties involved in a construction project. It is commonly used at the outset of negotiations to express an intention to enter into a formal contract. While the LOI is not a legally binding contract in itself, it serves as a declaration of the parties' intent to negotiate and finalize a formal agreement. The LOI typically outlines the basic terms and conditions that are expected to be included in the final contract.

KEY ELEMENTS OF A LETTER OF INTENT: Intent to Enter into a Contract: The primary purpose of the LOI is to express the parties' mutual intent to enter into a formal contract. It signals a commitment to negotiate in good faith and work towards a final agreement.

Outline of Key Terms: The LOI often includes a summary of the essential terms and conditions that the parties anticipate will be included in the final contract. These may include project scope, duration, costs, and other fundamental aspects.

Negotiation Period: The LOI may specify a timeframe during which the parties agree to negotiate exclusively with each other. This exclusivity period provides a window for finalizing the details before moving forward with other potential partners.

Confidentiality: Confidentiality provisions are commonly included in an LOI to ensure that sensitive information shared during negotiations remains confidential and is not disclosed to third parties.

Expenses and Liabilities: The LOI may address the allocation of costs associated with the negotiation process and clarify any liabilities in the event that the final contract is not executed.

LETTER OF ACCEPTANCE (LOA): The Letter of Acceptance, on the other hand, is a formal document that signifies a party's agreement to the terms and conditions outlined in a previous offer, which could be an LOI or a formal contract proposal. Unlike the LOI, the LOA is typically a legally binding document, marking the acceptance of an offer and creating a contractual relationship between the parties.

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marks the formalization of the agreement and the commencement of contractual obligations.

KEY ELEMENTS OF A LETTER OF ACCEPTANCE: Formal Acceptance: The primary purpose of the LOA is to formally accept the terms and conditions proposed in the initial offer, be it an LOI or a formal contract proposal. This acceptance is a critical step in the formation of a legally binding contract.

ENFORCEABILITY: LOI: As a general rule, an LOI is not enforceable in court.

However, certain provisions within an LOI, such as confidentiality clauses, may be legally binding.

Effective Date: The LOA specifies the date on which the acceptance becomes effective. This date is crucial for determining when contractual obligations and responsibilities commence.

LOA: The Letter of Acceptance, which is usually signed by both parties, is typically enforceable in court, as it represents a party's formal acceptance of an offer and the creation of a contractual relationship.

Conditions Precedent: The LOA may include conditions precedent that must be satisfied before the formal contract comes into effect. These conditions could include regulatory approvals, financing arrangements, or other specific requirements.

TIMELINE AND NEGOTIATION: LOI: The LOI is often used at the beginning of negotiations to express the parties' intent to move forward. It provides a period during which the parties can exclusively negotiate the terms before entering into a formal contract.

Contractual Obligations: The LOA outlines the specific obligations and responsibilities of each party under the contract. This includes details such as project scope, timelines, costs, and any other relevant terms.

LOA: The LOA is issued after negotiations have reached a point where one party is ready to formally accept the terms proposed by the other. It signifies the conclusion of negotiations and the readiness to move forward with the agreed-upon terms. In some cases, the LOA may, expressly, include the ‘Order to commence’ the Works.

Termination Clauses: In the event that either party fails to meet its obligations, the LOA may include termination clauses specifying the conditions under which the contract can be terminated and the consequences of such termination.

CONDITIONAL VS UNCONDITIONAL ACCEPTANCE: LOI: The LOI often precedes the final agreement and may be conditional on the successful resolution of certain issues or the completion of due diligence etc…

LEGAL STATUS: LOI: The Letter of Intent is generally not a legally binding document. It serves as a precursor to a formal contract and expresses the parties' intention to negotiate in good faith.

LOA: The Letter of Acceptance is typically unconditional, indicating a firm commitment to the terms proposed in the offer.

LOA: The Letter of Acceptance is typically a legally binding document. Once accepted, it signifies the formation of a contract and creates legal obligations for the parties involved.

CONCLUSION: Understanding the distinctions between these two documents is vital for parties involved in construction projects. In the construction contracts’ jurisdiction, both the Letter of Intent and the Letter of Acceptance play crucial roles in establishing the foundation for collaborative projects. The Letter of Intent, though not legally binding, sets the stage for negotiations, expressing the parties' intent to enter into a formal contract and outlining key terms. On the other hand, the Letter of Acceptance marks a critical step in the formation of a legally binding contract, formalising the agreement and creating enforceable obligations.

Purpose and Function: LOI: The primary purpose of the LOI is to set the stage for negotiations and outline the key terms that are expected to be included in the final contract. It provides a framework for discussions and establishes a commitment to move forward with the intent to finalize a formal agreement.

LOA: The primary function of the LOA is to accept the terms proposed in an offer, whether formal or informal. It

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The importance of having an on-site laboratory when working on a large scale project Kleaven Maniscalco

offers several advantages that contribute to the overall efficiency, quality, and success of the project. Here are some key benefits:

I have been involved in various large scale projects locally and one of the biggest issues is usually the logistics of things that are happening within the site. One of the set-backs that I have always seen in any site I have worked in is that none of these had a small on-site laboratory that could support the site with all that is required.

1. Real-time Quality Control: On-site laboratories enable real-time testing and analysis of construction materials, ensuring that materials such as concrete, soil, and aggregates meet the specified quality standards. This immediate feedback allows for prompt adjustments and corrections if any issues are identified.

Although casts of concrete and other tests required should be planned by the site manager together with the quality manager, from experience it is rarely the case that this happens, even because a site is a living thing to say so and things happen and change continuously and thus the timings of the daily program will change according to these happenings.

2. Timely Decision-Making: Quick access to test results facilitates timely decision-making by project managers and construction teams. This can be crucial for maintaining project schedules, especially in situations where delays could have significant financial implications.

As mentioned above, because rarely things go according to plan, usually it is impossible to call in quality control technicians exactly when they are required to do the job exactly when they are needed without any waste of time and resources. Apart from that if the testing plan slightly shifts during the time when the technician is already on site, they find themselves without sufficient equipment to do the job required from them. This means that the technician has to go back to the laboratory, get the required stuff and go back on site and do the job required. This results in a lot of waste of time and resources, that ultimately results in less profits. Apart from this it usually results in pockets of down-time in the site operations itself and thus delays.

3. Customized Testing Protocols: On-site laboratories allow for the development of customized testing protocols based on the specific needs of the project. This flexibility ensures that testing procedures align with project requirements and standards.

4. Optimized Mix Designs: On-site testing enables the optimization of concrete mix designs based on the performance of local materials.

Adjustments to mix proportions can be made quickly, leading to improved durability and strength of the concrete.

Having a small laboratory on site with the necessary personnel in it and with technicians available on demand solves this issue altogether. Apart from this, having a sort of satellite laboratory from the main laboratory on a specific site can closely cater for the needs of the contractor, being there on demand and when required. This saves time both to the contractor and to the testing company itself and ensures a smoother operation altogether. It is not required to have a fully equipped laboratory on site, but one which has the basic functions that are most relevant to the construction being done in the particular site. Having an on-site laboratory for large construction projects

5. Cost Savings: By identifying and addressing material quality issues early in the construction process, on-site laboratories can help prevent costly rework and delays. This proactive approach contributes to overall cost savings.

6. Compliance with Standards: On-site laboratories ensure that construction materials and methods comply with industry standards and project specifications. This is critical for meeting

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regulatory requirements and ensuring the safety and longevity of the constructed facility.

10. Improved Communication: Having an on-site laboratory promotes effective communication between the construction team, quality control personnel, and project stakeholders.

This fosters collaboration and ensures that everyone is informed about the status of construction materials and quality.

7. Quality Assurance: On-site testing provides a layer of quality assurance throughout the construction process. This helps prevent the use of substandard materials and ensures that the constructed elements meet the required performance criteria.

11. Enhanced Project Control:

8. Efficient Troubleshooting:

On-site laboratories provide construction teams with greater control over the quality of materials used in the project. This control is instrumental in meeting project specifications and achieving the desired performance and durability of the constructed facility.

In the event of unexpected issues or material performance concerns, on-site laboratories allow for efficient troubleshooting. Rapid analysis and problem-solving help prevent the escalation of problems and mitigate potential risks.

Overall, the presence of an on-site laboratory is an investment that can significantly contribute to the success of large construction projects by ensuring quality control, adherence to standards, and timely decision-making.

9. Minimized Transportation Costs: On-site testing reduces the need to transport samples to off-site laboratories, minimizing transportation costs and potential delays associated with waiting for results.

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What is CE certification and Safety First, Before? why is itDeadlines important?

Majeed Azam conduct tests and most importantly implement a quality management system.

The tests could be not only limited to the following :

CE certification,stands for conformite Europeene French term for European conformity is a mandatory conformity marking for the products sold within the european economic area (EEA).

• Compressive strength tests, Dimension checks

The CE marks indicates that the product complies with the essential requirements of the relevant European Union(EU) directives and standards, this ensures that the product meets certain safety, health and environmental protection standards.

• Flatness or bed faces, plane parallelism of bed faces • Gross dry density, net dry density • Bonding tensile strength

Lets discuss some of the key points about CE certifications and understand how and why it is vital to any industry: -

• Water absoprtion, Moisture movement • Shear bond strength , Fire resistance

Legal requirement: CE marking is a legal requirement for many products sold in EEA region, as it demonstrate the product has undergone necessary conformance assessment checks or procedures and it meets the relevant EU requirement.

• And Thermal properties.

Declaration of performance

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Consumer satisfaction: The CE marking is visible indication to consumers that product complies with important saftey and environmental requirment. It helps build trust and confidence.

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Global recognition: Even though CE marking is specific to European market , it is often recognised and accepted globally, it will be easier for the manufacturers to access international markets.

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Product Safety: CE certification is linked to product safety , it signifies that a product has been manufactured or produced to meet specific safety standards, which reduces the risk to harm the users.

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Free Movement of goods: The CE mark helps the free movement of the products within the EEA by eliminating the barriers for trading. Products can be freely sold and circulated in all the EU member states without the need for additional national certificates.

Conformity assessment procedures: Depending upon the specific product lets say for example masonry blocks, a conformity assessment procedure has to be chosen. This involves the involvement of a notified body and an independent third party organization that assesses the conformity of the blocks. The supplier or the manufacturer will be required to provide documentation ,

Once the conformity assessment is complete, the supplier or the manufacturer must draw up a declaration of performance DoP. Declaration of performance is a document in which the supplier or the manufacturer declares that the performance of the product meets the essential characteristics which are relevant. This should be made available to the end users and other relevant parties.

CE Marking Upon successful completion of the conformity assessment and the creation of declaration of performance , the product can be affixed with CE marking. CE mark indicates that the product complies with the relevant EU directives and it meets the performance standards.

On going compliance Manufacturers should ensures that the compliance with declared performance of the product is continues, which involves reqular quality control measures, testing, monitoring to ensure that the product continues to meeet the specific standard.

The CE certification discussed above is essetial for prodcut validation. IT is crucial to emphasize that while CE certification is significant, it alone does not guarantee the safety and reliability of the work and product. The workmenship and adherence to safe practices are

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paramount, requiring regular checks to ensure ongoing safety and reliability of the project. In accordance with standard practices, I believe it is advisable to establish hold points for each activity.These check points should be examionied and approved by independent entity separate from the Constructor. This approach helps to mitigate biased opinions and ensure that the product and project requirement are met effectively.

It is imparative to conduct quality checks at each critical stage of construction process, for instance when addressing masonry works:

Masory Joints

1. It is recommneded to limit the construction of only 5 courses per day, unless the reinforcement and fasterners/anchors are provided. This approach ensures the saftey of the structure.

2. Ensuring proper constuction joint with mortar between the blocks and every layer of the block is essntial, additionally providing raking to these joints enhances bonding for a more robust construvtion.

Wall Ties

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Steel Structures Milan Zdravkovic •

Steel construction is most often used in: • • • •

High-rise buildings - strength, low weight, and speed of construction.

Industrial/Warehouse buildings - ability to create large span spaces at low cost.

Residential buildings - light gauge steel construction.

Temporary Structures - quick to set up and remove.

1.1 • • • • • • • • • • • • • • • • • • • • • • • • • •

• • • • • • • • • • •

Advantages of steel structures

Can be used as a heavy load carrying material; Can withstand a considerable amount of external pressure; Has a high strength-to-weight ratio; As light structures heavy foundation is not required compared to concrete; The construction time of steel is less; Formworks are not required; Easily assembled and dissembled; changes can be made at the last minute; Savings; Eco-friendly, reusing and recycling is possible; Steel has a high scarp value; Can be pre-fabricated or fabricated on site.

Has consistency in its strength; Steel structures show a ductile failure pattern.

Termite and rot proof; Lightness in comparison to other structures; High strength and stiffness per weight; Ease of fabrication and mass production; Fast and easy erection and installation; No sudden failure; Economy in transportation and handling; They are super-quick to build at the site; Ease in expansion of the structure; Ease in repair & rehabilitation or retrofitting; Faster erection of the structure; Very good at resisting dynamic forces;

A wide range of ready-made structural sections is available; Can be made to take any kind of shape; A wide range of joining methods is available; Steel can be recycled; Reliability Industrial Behaviour Lesser Construction Time / Greater Erection Speed Uniformity, Durability and Performance Elasticity Ductility and Warning Before Failure Water-Tight and Air-Tight Constructions Long Span Construction

1.2 • •

• • • • • • •

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Disadvantages of steel structures

High skilled manpower is required; Steel has high susceptibility to corrosion. The steel members are prone to corrosion, therefore they require some frequent treatment like painting and other methods for their protection. Prone to corrosion in humid or marine environments; The initial cost of the steel structure is high; Analysis approach and assumptions should be quite clear and definitive prior to structural system formation; Time required to design connection is more as compared to RC structures connection; Steel can soften and melt with exposure to extremely high temperatures; High Maintenance Costs and More Corrosion; Fireproofing Costs; Susceptibility to Buckling.

The Gozo Regional Development Strategy 2023 Edward Howell MCIOB

I had the pleasure of being invited as a Council member of the MCCM by the GRDA to a public meeting organised by the GRDA on Friday the 15th September 2023 to launch the Gozo Regional Development Strategy, 2023.

The event was held at the Gozo Conference Centre in Victiria. In attendance were many local Business Owners, Professionals and members of the Public.

The Speakers were Mr Mario Borg, CEO of the Gozo Regional Development Authority, The Honourable Dr Robert Abela, Prime Minister of Malta and The Honourable Clint Camillari, Minister of Gozo.

Dr Abela spoke about the goal of Gozo becoming carbon neutral and about the regional strategy being designed by Gozitans. He added that the principles of the Strategy will be implemented from the next Budget.

Mr Camillari spoke about Gozo being unique and not identical to Malta. He specifically touched on planning and the need for limestone to be used on the facades of new buildings amongst many other things relevant to Gozo.

More information of Dr Abela’s and Mr Camillari’s speeches can be seen on TVM News website under current affairs, September15, 2023.

The GRDA is a Government Body, set up through the Gozo Regional Development Act XV11 of 2019 CAP 600.

One of its main aims was to draw up the Regional Development Strategy for Gozo and overseeing its implementation.

Article 8(1)(a) states that the GRDA will consult with the Government, the private sector, constituted bodies and no-governmental organisation, and private citizens in connection with any work which intends to carry out with regard the design of a regional development strategy for Gozo.

The Regional Strategy Document aims to be a central tool in the development of Gozo and serving as a roadmap for the next ten years. Since 2021 The GDA has sought feedback from several stakeholders.

Recommendations from the Stakeholders was only used if the information improved the quality and relevance of the Strategy and added value to the strategy.

The chapter heading of the Strategy are:• Purpose and Status • Understanding Gozo • A Shared Vision for Gozo • Promoting sensible se of land and the natural Environment • Re-aligning Economic growth with wellbeing • Re-valuing Gozo’s identity • Global issues, Local Actions.

The full Gozo Regional Development Strategy September 2023 can be read on the website www.grda.mt

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Courses CIOB ACADEMY

The B.Sc. in Quantity Surveying (MQF 6) is designed to equip students with the necessary knowledge in cost planning, procurement processes and the management of construction projects. As the demand for this skill increases, there is a wide range of job opportunities.

The Fundamentals of CDM Regulations 2015 course offered by CIOB Academy is a crucial programme for professionals in the construction industry. The Construction (Design and Management) Regulations 2015 (CDM 2015) are fundamental to ensuring health and safety in construction projects. This course delves into the core principles and practical applications of these regulations.

The M.Sc. in Construction Management (MQF 7) is for construction and civil engineering professionals who would like to advance in their careers with the necessary tools and the latest industry knowledge.

Find out more here: mt.ideaeducation.com

Designed to empower construction practitioners, the course covers key topics such as understanding the legal obligations under CDM 2015, effective risk management, and the roles and responsibilities of duty holders.

Participants will gain insights into fostering a culture of safety within construction projects, ensuring compliance with regulatory requirements.

SHIELD CONSULTANTS LTD AWARD IN SAFE SYSTEMS OF WORK [2024] Safe Systems of Work are the core of health and safety at any workplace. Employers are duty bound by OH&S Regulations to ensure that all work is conducted safely and within the parameters of the law. Maltese regulations cover a very broad spectrum of work activities and related hazards and risks: workplace safety; management arrangements; chemical and biological hazards; work equipment; dangerous work; vulnerable persons, including expecting mothers; works involving high risk; the Control of Major Accident Hazards. OH&S regulations demand safe works, and this course specifically covers these needs.

The CIOB Academy's course stands out for its comprehensive curriculum, expert-led sessions, and practical case studies. As construction safety is paramount, professionals undertaking this course can enhance their knowledge, skills, and contribute to creating safer working environments.

For more information and to enroll, visit https://www.ciobacademy.org/product/fundamentals-of-cd m-regulations-2015/

IDEA COURSE

Duration: 10 weeks MQF Level: 4 Contact Hours: 25 / 50 Topics Covered: • Method Statement • Hazard Identification [HAZID] and Risk Assessments • Safety risk mitigation and control • PPE • Permit to Work systems • Emergency Situations • Toolbox Talks • Works Supervision and Control • Sign-offs

People who aim to be Qualified Construction Project Managers can enrol in these different courses designed to help you reach your next career milestone!

A Certificate in Site Management (MQF 5) is for those with relevant experience but with no formal education qualifications. The course covers construction project processes, legal aspects, management skills, health and safety legislation, and environmental and sustainability issues.

The B.Sc. in Construction Project Management (Top-Up) (MQF 6) is ideal for those with a higher diploma (MQF 5) in a subject related to the construction industry.

Those who have a Certificate or Diploma may opt to exit this course at an earlier stage and obtain a Level 6 Award in Construction Project Management.

Participants will utilise online digital tools throughout the training course [ https://www.stormbcm.com/storm2/tools/MSRA/ ].

A work-related training assignment shall be completed by each participant for successful award.

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Education & Development CPDS

Lean and Green Building Alternative Approach

This webinar presents the results of a case study Dr Stuart Gee conducted on building methods and sustainability. As a sustainability and onsite specialist, he pushes the boundaries of the topic of delivering sustainable construction, building on the success of established prefabrication methods, but using an alternatively highly agile process. https://www.ciobacademy.org/product/lean-and-green-building-alternative-approach

Cybercrime in Construction

Detective Inspector Dan Giannasi provides valuable insights into cybersecurity in the construction sector. Participants will gain understanding of cyber threats that are faced by construction firms and ways to combat them, awareness of phishing attacks and practical tips for online security. https://www.ciobacademy.org/product/cybercrime-in-construction/

Dyslexia Awareness

Organisations are under pressure to attract a diverse workforce and encourage out-of-the-box thinking to maintain a competitive advantage. Hiring neurodivergent workers could be an integral part of the solution to these circumstances. As well as helping alleviate the current labour shortage, these professionals could also introduce into their organisations different and valuable ways of thinking and problem solving that would lead to innovative solutions and give businesses a competitive edge. https://www.ciobacademy.org/product/dyslexia-awareness/

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Opinions

'' Following the publication of the 2nd Strategy Document, what are your views on its contents and vision of the chamber for the next 3 years?''

It was a pleasure attending the MCCM’s 2023 AGM. The MCCM is evidently playing a pivotal role in setting the standards for the construction management Industry, bringing many different stakeholders together in sharing information and expertise. A lot has been accomplished in a short time and there are important milestones on the horizon all professionals are set to benefit from.

MCCM is getting braver and leading the way in the local construction industry. The chamber's strategy aims to be the forerunner through its development of further recognised educational programme, the introduction of the internal disciplinary board, the pushing for legal recognition to key professionals in the industry and continuing of sharing of information. Let us hope that MCCM gets the required support from the authorities and other bodies to make this positive energy into unstoppable determination.

Marco Audino – Attard Brothers

Josette Cutajar- H&S Advisor The main driving force in the Strategy Document is the collaborative backbone that pushes for better results between stakeholders. Multidisciplinary emerges hand in hand with specialisation in the professional domain, therefore the ability to collaborate and bring the different professions together under one chamber in the construction realm is genial.

Maria McKenna- Architect

The objective to establish legal recognition of Construction Project Managers is a crucial step in improving the construction scene locally. Collaborations with other professions and entities within the industry, either through events, lectures, etc will continue to promote Construction project management as a career path and support those that are already following this path without realising there is a whole community to lean on for knowledge and support.

Jo - Ann Giannakellis De Bono - Manager

I look forward to the prospect of achieving legal recognition for our profession as Project Managers in our field. It is high time that Project Management is genuinely regulated in Malta and through the chamber's efforts via the membership, publications and future CPDs, I see this happening in the not-too-distant future.

Marilyn Abela- Project Manager

During the third annual general meeting the chamber presented a new strategy document, highlighting its plan for the next three years on how the MCCM can help strengthen the role of the construction project manager and the Maltese construction sector as a whole. I believe this newly presented strategy document will help achieve this. As it focuses on continued education, the chamber’s collaboration with the CIOB, working on getting recognition from the local government and last but not least is keeping with the times and constantly improve.

Kurt Pace- Junior Project Manager

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MCCM's strategy for the next three years is aligned with the evolving needs of the industry and its professionals. The overarching goal is to provide value to its members through initiatives such as educational programs, networking opportunities, and resources for professional development. Additionally, there is a specific focus on reviewing and proposing advocacy efforts with government bodies and other stakeholders to shape policies and regulations that affect its members.

The coordination of a standardised methodology in the construction industry is an emerging obligation to the state. MCCM is the commendable platform which aims to cultivate such eminent regulations and disciplines, to safeguard the integrity of the construction management system. This Chamber gives opportunity for all involved cross-functional professionals to determine and grasp the necessary principles, to strive for excellence in quality and integrity. It also helps all professionals to develop through the regular CPDs. MCCM is aimed to project a regulated and secured future to the local construction industry.

Ethel Grima- Project Manager

Joseph Abela- District Engineer (WSC) I look forward to the prospect of achieving legal recognition for our profession as Project Managers in our field. It is high time that Project Management is genuinely regulated in Malta and through the chamber's efforts via the membership, publications and future CPDs, i see this happening in the not-too-distant future.

Marilyn Abela- Project Manager

Given the dynamic nature of the construction industry, the Chamber may expect to adapt to and influence regulatory changes that impact construction management practices. There might be an emphasis on fostering ongoing professional development among construction managers, ensuring they stay updated on industry best practices and advancements. The vision could include initiatives to foster collaboration and networking among construction managers, both within Malta and with counterparts in other regions. Besides that, the chamber can play a pivotal role in advocating for measures that entail a more rigorous enforcement of regulations and guidelines concerning health and safety.

After reading your email question and the booklet chamber strategy 2024-2026, I was particularly struck by the emphasis of education within our sector. I believe that this is the way forward by first informing all involved in the construction industry about our job, then regulating it by warrants and licensing CPM. The younger generation is our future so students in MCAST studying CPM should be possibly. Involved/invited to membership in MCCM. Also, most developers like me act and sign BCA documents as CPMs. Should we invite MDA members to participate. Just a thought.

Keep up the good work.

Christian Delia Construction Project Manager

Arife Kizoglu- Civil Engineer

Ever since its establishment, the main aim of the MCCM has been to increase the number of proficient and qualified professionals while promoting a superior standard of quality in the construction sector. This field has traditionally been deficient in our nation, and MCCM is further demonstrating its dedication to making a constructive impact on the industry by publishing its second strategy edition.

This reaffirms their commitment to enhancing the growth and development of the construction sector.

Jason Bonnici- Construction Project Manager

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Events 2024 MALTA CHAMBER OF CONSTRUCTION MANAGEMENT Events in programme for the coming months 16th January

Health &Safety: Rigging and Hoisting (Part 2)

30th January

On-site risk management: Fire prevention and control

13th February

Geologist - Relevance to the Cosntruction Industry

27th February

Managing Projects through its full life-cycle (Part 1)

12th March

Managing Projects through its full life-cycle (Part 2)

26th March

Penalties and Delay Damages in Construction Contracts

Malta Chamber of Construction Management would like to thank its Partners

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