Publications

A comprehensive 2026 guide for Queensland contractors on navigating the Building Industry Fairness (Security of Payment) Act 2017. Learn about making valid payment claims, the adjudication process, and how the QBCC enforces payment to protect your cash flow.

In Queensland's building industry, the contract you sign is only part of the story. A complex web of legislation, including the QBCC Act and BIF Act, inserts non-negotiable terms into every agreement, overriding any conflicting clauses. Learn about the statutory limitations on freedom of contract and why legal advice is essential to understand your true rights and obligations.

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.

A detailed legal guide to the major changes in Queensland's construction industry for 2025. We break down the BIFOLA Act's pause on Project Trust Accounts, the new statewide Housing Code designed to speed up development, and stricter Work Health and Safety (WHS) reporting obligations. Understand how these reforms, driven by the QBCC's move to a "modern regulator" model, will impact your construction business, from contracts to compliance.

Standard construction contracts are defenceless against AI-generated errors, creating a huge liability gap for developers. Learn how to implement a specific "AI Warranty" clause to make your builder 100% responsible for the accuracy of any AI-generated schedules, designs, or claims, protecting your project from costly tech failures.

A notice from the QBCC demands a rapid, calculated response. This guide is your legal triage plan—a set of non-negotiable actions to take within the first 48 hours to assess the claim, mitigate exposure, and establish a strong defensive position.

A guide for head contractors on how to legally qualify a statutory declaration when a payment dispute with a subcontractor arises. Learn the "carve-out" strategy to ensure you get paid by the principal without committing perjury, and understand the steps to take when escalating the dispute through the QBCC or QCAT.

In the rush to secure work, it's easy to sign a subcontractor agreement that looks standard but is loaded with "hidden costs"—clauses that can decimate your profit margin, delay payments, and expose your business to catastrophic risk. This guide dissects these contractual traps and explains your rights under Queensland law.

Master Queensland's BIF Act 2017 with our complete guide covering trust accounts, payment claims, adjudication, and enforcement. Essential reading for contractors and subcontractors seeking payment protection in the building industry. Expert legal insights, practical templates, and compliance strategies included.

Discovering faults in your new home or renovation is stressful. This guide explains the Defects Liability Period in Queensland, detailing your rights against structural and non-structural defects. Learn about the critical timeframes for QBCC complaints and the Home Warranty Scheme, and understand how to navigate disputes with your builder. Empower yourself with the knowledge to protect your investment and ensure your home is built to the standard you expect.

Queensland subcontractors struggling with unpaid invoices? This comprehensive guide reveals how subcontractors' charges under the BIF Act can freeze payments at the source and secure what you're owed. Learn step-by-step procedures, strict deadlines, and your legal rights to protect cash flow and prevent business-destroying payment delays. Don't let contractors' poor practices jeopardize your survival—discover your powerful legal remedies today.

Struggling with unpaid invoices in the QLD construction industry? The BIF Act is your most powerful tool for getting paid. Our comprehensive guide breaks down the strict deadlines for payment claims, the severe consequences of late payment schedules, and your legal right to suspend work for non-payment. Learn how to enforce your rights and protect your business's cash flow.

Queensland's Project Trust Account regime: 2025 changes, impacts on construction industry, and how to prepare for enhanced payment security.

Did you know that the Building Industry Fairness Act (QLD) 2017(BIF Act) repealed the Building Construction Industry (security of payments) Act (QLD) 2004? Amongst other key changes made the defects liability period notice for building and construction work was changed. The BIF Act also made changes to the QBCC Act in relation to retention monies or security held under a building contract. The BIF Act introduces: A statutory default defects liability period of 12 months from

From November 2017, the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act) introduced reforms to ensure Queenslanders in the building and construction industry are paid for the work they do. The BIF Act repealed the Building and Construction Industry Payments Act 2004 (BCIPA) and the Subcontractors Charges Act 1974 on 17 December 2018. On 17 December 2018, BIF Act provisions commenced that relate to: Requirements for retention monies and security (to be inclu

The Legislature are preparing for surgery - in the 20 odd years since its inception, the Security of payment laws have ruptured and spread like a tumour throughout the various state jurisdictions causing confusion and inefficiencies. The ‘Murray Report’ of December 2017 made 86 recommendations to improve security of payment, including that Australia should implement a nationally consistent legislative model because of confusion and inefficiencies. In QLD the government comm

Did you know the Queensland Government has passed further amendments to the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) in an attempt to clarify how project bank accounts (PBAs) are to operate. Get your hand out of the cookie jar The amendments aim to further restrict a head contractor’s ability to access amounts in PBAs. Previously as drafted, Head contractors were able to contort the intent of the laws by relying on the fact that if an amo

The Queensland Government has passed further amendments to the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) in an attempt to clarify how project bank accounts (PBAs) are to operate. The BIF Act provides sweeping changes to existing construction and licensing legislation in Queensland.  Subcontractors charges WARNING - A subcontractor’s charge that is inconsistent with subsection (1) is of no effect and does not attach – talk to Merlo Law toda

The Queensland Government has passed further amendments to the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act). The BIF Act provides sweeping changes to existing construction legislation in Queensland. BE WARNED - No second chances. Under the new law a disputed payment claim may be immediately enforced in a Court when no valid payment schedule has been provided in response to it. Claimants will not need to provide respondents with prior notice and a