top of page

Publications
Search


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
2 days ago14 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
5 days ago17 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


Aggravated Damages in Queensland: A Strategic Guide for Developers Facing Defamation
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.

John Merlo
Dec 26, 202516 min read


Using QBCC Warranties to Enforce High-End Quality Standards in QLD
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.

John Merlo
Dec 24, 202513 min read


A Guide to Targeting Directors Personally for Fraudulent Misrepresentation
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.

John Merlo
Dec 22, 202516 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


The Speculator's Block: Using the Doctrine of Laches to Defend Against Delayed Settlements in QLD
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.

John Merlo
Dec 17, 202512 min read


The Christmas Shutdown Trap: How the BIF Act's "Business Day" Definition Puts Respondents at Risk
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.

John Merlo
Dec 16, 202514 min read


How QLD Courts Use Your Experience to Deny a Builder's Duty of Care
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.

John Merlo
Dec 15, 202515 min read


Queensland's 2025 Construction Law Overhaul: A Legal Guide to the BIF Act, Housing Code & WHS Changes
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.

John Merlo
Dec 12, 202514 min read


How to Defeat Ostensible Authority Claims in Commercial Leasing
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.

John Merlo
Dec 10, 202514 min read
bottom of page