Publications

A comprehensive guide for builders and homeowners on understanding and navigating repudiation in Queensland construction contracts. Learn to identify a serious breach, follow the correct legal process for termination, and avoid the costly pitfalls of wrongful termination with insights into the roles of the QBCC and QCAT.

The doctrine of privity of contract can leave subcontractors unpaid and without recourse. This guide explains how Queensland's BIF Act provides a powerful exception, allowing you to bypass privity and secure payment. Learn how to protect your business with strong contracts and a clear understanding of your statutory rights.

Discover the unwritten rule of good faith in Queensland construction contracts. Learn how the implied duty of honesty, cooperation, and reasonableness impacts builders and homeowners, and how a lack of it leads to disputes with the QBCC and QCAT.

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.

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.

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.

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.

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.

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.

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.

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.

This article explores the proper execution of deeds, the essential elements, jurisdictional differences, and best practices.

This article explains the intricacies of HIA contracts, offering QLD homeowners essential insights to navigate their construction projects.

This article explores the legal frameworks, procedural requirements, and strategic considerations involved in contract termination.

This article outlines the essential compliance requirements for a QBCC contract under Part 4A of the QBCC Act.

Learn about breaches of contract, including definitions, types (minor, material), remedies like damages or rescission, and how they apply in

Explore the key and distinguishing features, common amendments, and practical implications of AS4000 standard contracts.

This article explores the nuances of unconscionable behavior, its legal ramifications, and its impact on contractual agreements.

This article explores the essentials of liquidated damages and distinguishes them from unliquidated damages.

Saipem Australia Pty Ltd v GLNG Operations Pty Ltd [2017] QSC 294 This case considered the operation of section 67J of the Queensland Building and Construction Commission Act 1991 (Qld) (QBCCA). The law Section 67J of the QBCCA provided that a party to a building contract can recover a security or retention amount owed under the contract, provided they give written notice of their intention to do so etc.  Subsection 2 qualified that in order to be compliant, the notice m