Publications

A before-and-after comparison image of a modern kitchen with warm wood cabinetry, white marble countertops, and views of tropical greenery. The top image shows the completed renovation, while the bottom image shows the same kitchen with construction defects marked by red indicators and measurement tools, including a level on the countertop. Overlaid are two documents: a checklist titled '1,901 Directions to Rectify' with multiple checked items, and a QBCC warranty document featuring Schedule 1B with the phrase 'good and workmanlike manner' highlighted in a red box, illustrating construction quality standards and defect rectification processes under Queensland building regulations.

Using QBCC Warranties to Enforce High-End Quality Standards in QLD

Discover how Queensland developers can legally enforce high-end quality standards that go beyond simple code compliance. This guide explains how to use the QBCC's implied statutory warranty requiring appropriate and skilful work, strengthen your contracts, and navigate the QBCC dispute and QCAT appeal process to ensure the premium finish your project demands.

John Merlo

10 hours ago13 min read

A conceptual illustration of construction law showing a golden justice scale breaking through a dark blue shield emblazoned with 'DIRECTOR LIABILITY' against a backdrop of unfinished high-rise buildings with construction cranes. In the foreground, law books labeled 'DIRECTOR LIABILITY' and 'TORT OF DECEIT' are stacked beside an open legal document titled 'TORT OF DECEIT' and a wooden gavel, symbolizing legal accountability in the construction industry.

A Guide to Targeting Directors Personally for Fraudulent Misrepresentation

When a builder's company goes bust, the corporate veil can seem impenetrable. Learn about the tort of deceit, a powerful legal strategy that allows property developers to bypass the insolvent company and sue directors personally for fraudulent pre-contractual statements, holding them accountable for your losses.

John Merlo

2 days ago16 min read

A bronze scales of justice balancing construction site elements—including a building, financing documents, and construction workers—against a gold coin labeled "Builder Profit," sitting atop a contract with "Exclusion Clause" highlighted in red. Construction cranes and a city skyline appear in the background under dramatic storm clouds, symbolizing the risk imbalance between developers and builders in construction contracts.

Why Mutual Consequential Loss Clauses Are a One-Sided Risk

On the surface, a "mutual" consequential loss clause in a construction contract seems fair. In reality, it's a trap that disproportionately exposes property developers to catastrophic financial risk. This article deconstructs the hidden imbalance and provides actionable strategies for negotiating contracts that truly protect your investment.

John Merlo

5 days ago15 min read

Modern glass apartment building with hourglass in foreground showing time running out, rising property value chart with upward trend arrow and 'Alert: Limited Time Property Value Rise' warning, calendar pages flipping from October to January, and translucent silhouette labeled 'Silent Purchaser' representing anonymous buyer in competitive real estate market

The Speculator's Block: Using the Doctrine of Laches to Defend Against Delayed Settlements in QLD

Discover how Queensland property developers can use the powerful Doctrine of Laches to defend against purchasers who unreasonably delay settlement to speculate on the market. This article covers the key elements of a laches defence—unreasonable delay, prejudice, and acquiescence—and provides practical steps for building a strong case to protect your project's financial viability.

John Merlo

Dec 1712 min read

An office with panoramic view and a Christmas tree, plus a clock anf laptop and calendar on the desk

The Christmas Shutdown Trap: How the BIF Act's "Business Day" Definition Puts Respondents at Risk

The Christmas break poses a hidden threat to Queensland developers, head contractors, and principals. Learn how the BIF Act's unique "business day" definition creates legal deadlines that ignore your office shutdown, and discover the strategic plan you need to avoid catastrophic default liability from an ambush payment claim.

John Merlo

Dec 1614 min read

Man in dark suit with achievement badges and certificates on his back stands facing the entrance of Queensland Courts (QCAT) building, with large chains blocking access and a crossed-out shield symbol above the entrance under dramatic cloudy sky

How QLD Courts Use Your Experience to Deny a Builder's Duty of Care

Discover the critical legal paradox facing Queensland developers: how your commercial experience can be used by courts to deny a builder's duty of care. Learn why a written contract is your only real protection and what to do when a dispute arises.

John Merlo

Dec 1515 min read

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