The responsibilities of periti often include project design, providing clear and detailed instructions, periodic professional oversight, and ensuring regular, documented communication and feedback loops with contractors. These activities form integral components of effective risk management. Still, continuous, detailed on-site supervision generally falls outside a perit’s responsibilities. Having said this, Maltese law does not explicitly exempt periti from liability merely because they provided thorough instructions and were not on-site at the moment a problem arose. Experience has shown that courts often interpret a perit’s role expansively, finding liability on the part of the perit almost regardless.

Nevertheless, under Maltese law, liability fundamentally ought to arise from the voluntary assumption of responsibility by the perit.

My suggestion, therefore, is to effectively clarify or limit their responsibilities and reduce judicial interpretations that may broadly assign liability for periti. As a starting point, periti should rely on carefully drafted written agreements. Such contracts must explicitly outline the perit’s oversight duties, clearly define expectations regarding their presence on-site, and specify the exact circumstances under which liability is either accepted or expressly excluded.

Therefore, I strongly recommend that contracts between periti and other project stakeholders, primarily the client and contractor, include clear provisions on the following points:

  • Frequency of Site Visits: Explicitly state the frequency and timing of required site inspections (e.g., weekly, monthly, or at designated project milestones).
  • Scope of Inspections: Precisely describe what the perit must inspect and verify during each visit.
  • Communication Protocols: Clearly specify how observations and instructions from site visits are documented and communicated to contractors.
  • Defined Limits of Responsibility: Establish clear boundaries for the perit’s responsibilities, highlighting that daily site management remains primarily the contractor’s duty.

Such explicit contractual terms could help periti clearly articulate and defend their position before it is too late. Without precise, written agreements, there is a greater tendency for Maltese courts to rely on implicit assumptions based on the perit’s conduct and situational context.