top of page

Publications
Search


The Ultimate AI Clause Library for Queensland Construction Contracts
Standard construction contracts offer zero protection against AI-specific liabilities. With Australian AI regulations in flux, a proactive "contractual firewall" is your primary legal defence. This guide provides a library of ready-to-adapt clauses to manage emerging legal challenges in data ownership, IP rights, and liability for automated decisions before they become costly disputes.

John Merlo
Jan 513 min read


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
Dec 19, 202515 min read


Forcing Builder Liability for AI Errors with an "AI Warranty" Clause
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.

John Merlo
Dec 4, 202511 min read


The Developer's Gambit: Using QBCC Contract Non-Compliance to Trigger a JV Default
Learn how a JV partner's failure to use QBCC-compliant building contracts can be framed as a material breach of your development agreement, providing a powerful and legally defensible trigger to enforce default provisions, take control of a project, or terminate the partnership.

John Merlo
Nov 7, 202515 min read


The Developer's QCAT Blueprint: Using Your Contractual Matrix as a Shield in Building Disputes
For Queensland property developers, a QCAT building dispute can be a significant threat. This guide outlines a proactive strategy, the "Contractual Shield," showing how to use your project's contractual framework to defend against claims and legally transfer liability to the responsible parties, protecting your finances and reputation.

John Merlo
Oct 30, 202515 min read


The Subcontractor’s Trap - How Hidden Costs in QLD Contracts Are Killing Your Profit
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.

John Merlo
Oct 14, 202516 min read


When is your QLD construction contract frustrated? Learn of its distinction from Force Majeure events
When an unforeseen event makes a construction project impossible, your contract might be frustrated. This guide explains what a frustrated contract means under Queensland law, the remedies available when there's no fault, and how it differs from a breach. Understand your rights and protect your business when the unexpected happens.

John Merlo
Aug 28, 202512 min read


Deeds: What are they and how to properly execute them
This article explores the proper execution of deeds, the essential elements, jurisdictional differences, and best practices.

John Merlo
Mar 24, 20258 min read


HIA Contracts: Your comprehensive guide to home building in Queensland
This article explains the intricacies of HIA contracts, offering QLD homeowners essential insights to navigate their construction projects.

John Merlo
Mar 24, 202510 min read


Terminate Contracts: What You Need to Know About Construction Contract Termination
This article explores the legal frameworks, procedural requirements, and strategic considerations involved in contract termination.

John Merlo
Mar 22, 20258 min read


QBCC Contract: How to ensure your contract is compliant with QBCC Act
This article outlines the essential compliance requirements for a QBCC contract under Part 4A of the QBCC Act.

John Merlo
Mar 16, 20254 min read


Breach of Contract Definition: Understanding the Legal Implications
Learn about breaches of contract, including definitions, types (minor, material), remedies like damages or rescission, and how they apply in

John Merlo
Feb 8, 20254 min read


AS4000 General Conditions of Contract: Key Issues and Matters
Explore the key and distinguishing features, common amendments, and practical implications of AS4000 standard contracts.

John Merlo
Jan 23, 20254 min read


Understanding Unconscionable Conduct in Contracts: Protecting Against Unfair Business Practices
This article explores the nuances of unconscionable behavior, its legal ramifications, and its impact on contractual agreements.

John Merlo
Jan 9, 20257 min read


Understanding Liquidated Damages Clauses in Construction Contracts
This article explores the essentials of liquidated damages and distinguishes them from unliquidated damages.

John Merlo
Jan 8, 20257 min read


Gas pipeline case reinforces the sacrosanct nature of bank guarantees
Saipem Australia Pty Ltd v GLNG Operations Pty Ltd [2017] QSC 294 This case considered the operation of section 67J of the Queensland...
-
Mar 28, 20203 min read


Oops! Did you just enter a binding contract by email?
It’s no secret how common it is in these days for businesses and individuals to negotiate and conclude deals via electronic communication...
-
Mar 28, 20203 min read


I just bought a building from someone else and it’s falling apart – can I sue the Builder??
The essential answer to that question is that depends on what state you live in. Firstly, what is economic loss? The term economic loss...
-
Mar 28, 20206 min read


COVID-19/Coronavirus and Your Construction Contract
Industry expert John Merlo says it is only a matter of time before the effects of COVID-19/Coronavirus spread to the construction...
-
Mar 22, 20204 min read
bottom of page