top of page

Publications
Search


The QBCC Direction to Rectify: A Builder's Complete 2026 Guide
A comprehensive guide for Queensland builders on how to handle a QBCC Direction to Rectify. Learn about the process, your legal options for compliance or appeal, and the severe penalties for non-compliance.

John Merlo
Feb 1915 min read


QBCC Excluded Individuals: The 2026 Guide to Director Bans After a Company Collapse
A comprehensive guide to the QBCC's Excluded Individual policy for 2026. Learn what triggers a three-year or lifetime ban for directors after a company collapse, how to challenge a notice, and the steps to mitigate your risk.

John Merlo
Feb 1713 min read


The QBCC Fit and Proper Person Test: Your Complete 2026 Guide
A comprehensive guide to understanding and passing the QBCC's 'fit and proper person' test in 2026. Learn about the core assessment criteria, your absolute duty of disclosure, and your legal options for challenging a negative decision from the QBCC.

John Merlo
Feb 1710 min read


How QLD Construction Can Navigate the Legal Fallout from the CFMEU Corruption Crisis
The Watson Report's findings on CFMEU corruption have created a perilous new legal landscape for QLD builders. This guide breaks down the threats from new AML laws, anti-corruption crackdowns, and mandatory reporting, providing a clear action plan for survival.

John Merlo
Feb 1522 min read


Privity of Contract in Queensland Construction
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.

John Merlo
Feb 913 min read


QLD's Chain of Responsibility Law: A 2026 Guide for the Construction Supply Chain
A comprehensive 2026 guide to Queensland's Chain of Responsibility laws for non-conforming building products (NCBPs). Learn about your legal duties, the QBCC's powers, and how to protect your business in the construction supply chain.

John Merlo
Feb 915 min read


QBCC Minimum Financial Requirements (MFR): Your Complete 2026 Guide to Financial Compliance
A comprehensive guide to the QBCC's Minimum Financial Requirements (MFR) for 2026. Learn about the recent reforms for sole traders, NTA and Current Ratio requirements, and the serious consequences of non-compliance to protect your builder's licence in Queensland.

John Merlo
Feb 614 min read


Latent Conditions in QLD Construction: Your 2026 Guide to Unforeseen Site Surprises
Discover how to manage unforeseen site surprises in Queensland construction. Our 2026 guide covers everything from identifying a latent condition and executing the claims process to understanding the roles of the QBCC and QCAT in building disputes.

John Merlo
Feb 412 min read


Liquidated Damages in QLD Construction
A comprehensive 2026 guide for builders and owners on liquidated damages in Queensland construction contracts. Learn the difference between a valid clause and an unenforceable penalty, how to calculate a defensible rate, and the critical role of Extensions of Time (EOTs). Understand the QBCC's dispute resolution process and when to escalate a matter to QCAT.

John Merlo
Feb 317 min read


Your Guide to Statutory Warranties in Queensland's Domestic Building Industry
A comprehensive 2026 guide for homeowners and builders on Queensland's statutory warranties for domestic building work. Learn about the 6.5-year structural and 12-month non-structural warranty periods, the QBCC's enforcement role, and how to make a claim for defective work.

John Merlo
Jan 3014 min read


The Ultimate Guide to Security of Payment in Queensland's Construction Industry
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.

John Merlo
Jan 2717 min read


The Prevention Principle in QLD Construction
Discover the Prevention Principle in Queensland construction law. Our 2026 guide explains how a principal-caused delay can void liquidated damages, the importance of EOT clauses, and what happens when time becomes "at large." Learn how to protect your rights in a construction dispute.

John Merlo
Jan 2514 min read


Good Faith in QLD Construction Contracts: The Unwritten Rule You Can't Ignore
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.

John Merlo
Jan 2313 min read


Freedom of Contract in QLD Construction: The Unwritten Terms Set by Law
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.

John Merlo
Jan 2015 min read


Fit for Purpose in QLD Construction: Your Essential 2026 Guide to Implied Warranties
Discover the power of the 'fit for purpose' implied warranty in Queensland construction. This essential 2026 guide explains your legal rights under the QBCC Act and Australian Consumer Law, how to identify a breach, and the steps to take through the QBCC and QCAT to resolve disputes over defective building work.

John Merlo
Jan 1918 min read


The QLD Compliance Shock: 5 QBCC Act Traps for Directors New to Queensland
For construction directors expanding into Queensland, the QBCC Act presents a minefield of unique compliance traps. This guide breaks down the five most critical areas—from personal liability and strict financial requirements to expansive disciplinary powers—that differ significantly from NSW and VIC, helping you avoid the common "compliance shock."

John Merlo
Jan 813 min read


The Cost Shield - How a Request for Particulars Stops Vague Construction Claims from Draining Your Finances
Discover how a simple legal document, the Request for Particulars, can act as a powerful "cost shield" in Queensland construction disputes. This article explains how to force clarity from plaintiffs, control your legal spend, and build a stronger defence against vague and costly allegations.

John Merlo
Jan 615 min read


The Post-BPIC Playbook: Fortifying Your Subcontractor Agreements Against New Liabilities
The permanent abolition of Queensland's Best Practice Industry Conditions (BPIC) policy has fundamentally shifted risk onto head contractors. This guide details the critical amendments you must make to your subcontractor agreements to protect your business from new liabilities, particularly those related to non-conforming products and subcontractor defaults. Learn how to build a contractual fortress in a post-BPIC world.

John Merlo
Jan 513 min read


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


Protecting Profit Through Strategic Legal Investment on Queensland Projects
For Queensland developers, viewing legal counsel as a strategic risk management tool rather than a cost is key to protecting profitability. This guide outlines how to address the five most significant construction risks—from ambiguous contracts and BIF Act claims to QBCC directives and subcontractor insolvency—through proactive legal strategies.

John Merlo
Dec 29, 202516 min read
bottom of page