Publications

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."

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.

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.

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.

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.

Discover how Queensland property developers who qualify as excluded corporations can secure aggravated damages awarded separately from the $500,000 statutory cap on general defamation damages. This guide explains how demonstrating aggravating conduct—such as republication after notice or refusal to apologize—enables courts to award additional compensation, along with the new 2025 court powers for content removal.

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.

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.

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.

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.

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.

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.

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.

Discover how a leasing agent can bind you to a deal you never approved through the legal doctrine of ostensible authority. This guide provides developers with a defensive playbook to dismantle these claims by attacking the three pillars of representation, reliance, and detriment, ensuring you maintain control over your commercial projects.

Discover the narrow legal grounds of "manifest error" that allow developers to challenge and overturn a flawed but "final and binding" expert determination. Learn from the landmark Bagata v Sunstorm case what constitutes an actionable error and how to protect your project from costly, incorrect decisions.

Discover the hidden dangers in a standard Builder's Side Deed. The "Extended Cure Period" clause, designed to protect lenders, can force your builder into insolvency and sabotage your entire project. Learn how developers can negotiate fairer terms to mitigate this critical risk and ensure project viability.

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 procedural error on a payment claim cost one company $1.3 million. This guide deconstructs the Iris v Descon case and provides a concrete playbook for Queensland developers to manage BIF Act compliance, mitigate risk, and protect project profitability through robust internal processes.

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.

Discover how Queensland's proposed 2025 defamation law reforms would provide a powerful 'corporate shield' for property developers. Learn how to prepare for the ability to unmask anonymous online attackers, hold digital platforms accountable, and integrate these proposed new legal tools into your risk management strategy to protect your company's reputation and bottom line.