Quantum meruit claim in conservation projects

• Main Authors: Kamal, Khairani, Che Haron, Roziha, Kamaruddin, Zumahiran
• Format: Article
• Language: English
• Published: IIUM Press, International Islamic University Malaysia 2020
• Subjects: HN Social history and conditions. Social problems. Social reform
• Online Access: http://irep.iium.edu.my/86209/1/86209_Quantum%20meruit%20claim%20in%20conservation%20projects.pdf; http://irep.iium.edu.my/86209/; https://journals.iium.edu.my/kaed/index.php/japcm/article/view/392/289

Quantum meruit claim is an ordinary claim that arises in the construction industry which is compensated for works and labor where no price has been agreed in the contract. Most of the quantum meruit claim cases drawn by the court rulings were focusing on the practice of new construction projects only. Currently, the quantum meruit claim is little known in the construction industry especially for the conservation projects. Conserving an existing building involves inaccurate pre-determined works in terms of extent, specifications, duration, and cost. There are many major drawbacks and limitations of conserving a heritage or old building which will thwart the process of quantum meruit claim. This systematic review article focuses on the use of quantum meruit claim in conservation projects. The objective of this study is to investigate the limitation factors of quantum meruit claim in conservation projects. This study adopted Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) by utilizing an online database. Accordingly, 20 articles and 23 precedent court cases were resulted to be analysed systematically. This study managed to develop 4 limitation factors of quantum meruit claim for conservation projects which are (i) non- availability of contract, (ii) undetermined price, (iii) lack of experiences and skillful parties, and (iv) improper documentation provided for conservation projects. Eventually, two recommendations for the use of future researchers were presented at the end of this research.