Publications

Male architect holding rolled blueprints standing on a wet city street in Sydney NSW at dusk with the Harbour Bridge and modern office buildings in the background

Should You Pursue Unpaid Architecture Fees Without a Written Contract in NSW?

Pursuing unpaid architecture fees on a verbal agreement in NSW can trigger career-damaging regulatory complaints. Learn how the Home Building Act 1989 and the NSW Architects Code of Professional Conduct impact your ability to recover unpaid invoices for undocumented design work.

John Merlo

18 hours ago15 min read

A photorealistic, detailed view from a floating marine construction platform under a moody, overcast, cloud-filled sky. In the foreground, a rain-speckled metal workbench holds a weathered yellow hard hat, large rolled blueprints, a dark cylindrical rock core sample, fractured seabed stone fragments, and a wet clipboard with papers. The textures of wet metal, rock, and paper are tactile. In the background, anchored on the harbor water, a large industrial crane barge is positioned, with its heavy machinery softly out of focus, under dramatic diffused lighting. Distant harbor cranes and buildings are on the far shoreline. The color palette is composed of muted steel, navy, charcoal, and sandstone tones.

How do you secure a marine contract renegotiation for latent conditions in NSW?

When a marine piling rig hits unexpected rock and the principal rejects the variation, contractors face severe daily standby costs. This guide explores how New South Wales marine civil contractors may leverage statutory payment rights under the Security of Payment Act to compel a commercial renegotiation without crossing the line into unlawful economic duress.

John Merlo

Jun 1913 min read

A photorealistic editorial photograph of an idle pipeline construction site under a dramatic, overcast late afternoon sky. In the foreground, on the clean, dark bonnet of a utility vehicle, are a white hard hat, a roll of blueprint plans, and a sealed clipboard with blurred, unreadable handwritten lines. A deeply muddy trench containing steel pipe sections runs through the site, with a motionless and unbranded yellow excavator parked nearby. Orange and white safety barriers are visible along the trench edge, and an industrial complex is in the distance. The atmosphere is tense and quiet.

Should You Terminate or Suspend Work for Unpaid NSW Pipeline Contracts?

When a head contractor fails to pay for certified pipeline work, abandoning the site can expose your business to serious liability. This guide explains why a statutory suspension under NSW security of payment law is often safer than terminating the contract at common law. Learn how to manage the two-business-day notice period, challenge unfair 'termination for convenience' clauses, and protect your position if the head contractor enters voluntary administration.

John Merlo

Jun 1514 min read

A close-up of a professional desk featuring rolled blueprints, a scale ruler, and a wooden hand-stamp beside an open ink pad, set against a large window showcasing a city construction site with cranes under a dramatic, cloudy sky.

Can an "Estimate Only" Disclaimer Defeat an ACL Cost Overrun Claim in NSW?

Discover how New South Wales quantity surveyors can defend against cost overrun claims when tender returns demolish the feasibility estimate, and why standard "estimate only" disclaimers often fail against statutory claims under the Australian Consumer Law.

John Merlo

Jun 1513 min read

A diverse group of business professionals gather around a conference table in a modern boardroom, looking at blueprints as a woman in a suit points to them, with a city skyline visible through large windows in the background.

Can You Deduct Liquidated Damages While an EOT Claim Is Pending in NSW?

A pending EOT claim does not pause the NSW SOPA payment schedule deadline. Learn how to assess the EOT, record reasons and support a liquidated damages deduction.

John Merlo

May 3114 min read

Civil construction workers reviewing documents beside an open excavation trench containing a large-diameter sewer pipe adjacent to a multi-storey residential apartment building under construction in Sydney, representing NSW water contractor liability under section 37 of the Design and Building Practitioners Act 2020.

How do NSW water infrastructure contractors defend a s 37 DBP Act statutory duty of care claim?

When water infrastructure works connect to a class 2 building, civil contractors may face long-tail economic loss claims under the statutory duty of care in section 37 of the Design and Building Practitioners Act 2020 (NSW). Standard time bars and defect liability periods are largely ineffective against this duty. This article explains how NSW contractors can assess their statutory exposure and navigate the long-stop limitation periods governing civil defect claims.

John Merlo

May 2512 min read

Battery energy storage system containers at a commercial site in NSW, with power cables, transmission lines, and sunset sky in the background.

Can You Withdraw a BESS Adjudication in NSW to Wait for DNSP Sign-Off?

Before assuming a DNSP delay makes your BESS practical completion claim premature, you must assess whether the contractual sign-off clause is even enforceable under section 34 of the Building and Construction Industry Security of Payment Act 1999 (NSW). If it is, submitting an adjudication application before network approval can result in a fatal jurisdictional dismissal. Learn how to evaluate the threshold section 34 question, execute a statutory withdrawal under section 17A

John Merlo

Apr 1320 min read

Modern stone and glass building on a waterfront at dusk, with the Sydney Opera House and Harbour Bridge visible in the background. Architectural blueprints and a leather portfolio rest on a wet stone ledge in the foreground. A blue banner reading 'NSW' is overlaid in the upper right corner.

Can Architects Quash a Sub-Consultant SOPA Determination for Apprehended Bias in NSW?

If an adjudicator misinterprets your sub-consultant agreement and awards payment for a structural engineer's redesign, can your architectural practice appeal the determination for bias? This article outlines the strict threshold for jurisdictional error under the Building and Construction Industry Security of Payment Act 1999 (NSW) and explains why robust payment schedules remain your best defence.

John Merlo

Apr 1018 min read