top of page

Publications
Search


Challenging the Unchallengeable: A Developer's Guide to Overturning Expert Determinations on "Manifest Error"
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.

John Merlo
Dec 8, 202512 min read


How a Builder's Side Deed Can Secretly Sabotage Your Project
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.

John Merlo
Dec 5, 202514 min read


Forcing Builder Liability for AI Errors with an "AI Warranty" Clause
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.

John Merlo
Dec 4, 202511 min read


The $1.3M Typo: A Developer's Guide to Payment Claim Precision After Iris v Descon
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.

John Merlo
Dec 2, 202514 min read


The Developer's Gambit: Using QBCC Contract Non-Compliance to Trigger a JV Default
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.

John Merlo
Nov 7, 202515 min read


How QLD's 2025 Defamation Reforms Protect Property Developers Online
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.

John Merlo
Nov 5, 202513 min read


The Developer's Litigation Shield - Mastering Security for Costs in Queensland
In Queensland's construction industry, winning a lawsuit against an insolvent builder can be a hollow victory, leaving you with a massive legal bill. A security for costs order is a powerful legal shield that forces a plaintiff to prove they can cover your costs if they lose. This guide explains how developers can use this tool to protect their projects and avoid financially ruinous litigation.

John Merlo
Nov 4, 202513 min read


Statutory Demands in QLD - 3 Fatal Flaws That Will Sink a Developer's Offsetting Claim
A statutory demand can trigger the liquidation of your development company. Learn the three most common and fatal flaws developers make when using an offsetting claim as a defence, from weak evidence and miscalculations to procedural errors, and discover the strategy needed to protect your business.

John Merlo
Nov 3, 202514 min read


The Subcontractor's 21-Day Playbook for Defeating a Statutory Demand
A statutory demand is a legal ambush that can put your company out of business in 21 days. Learn how to fight back using a genuine offsetting claim for defects, delays, and other back-charges. This emergency guide for Queensland subcontractors explains the critical steps you must take to gather evidence, file a court application, and defeat the demand before the unforgiving deadline expires.

John Merlo
Nov 1, 202514 min read


The Subcontractor's QCAT Knockout - How to Dismiss a Head Contractor's Claim Before It Starts
A head contractor has filed a QCAT application against you. Before you start defending your work, learn about the "jurisdictional knockout"—a powerful legal strategy to get the case dismissed on a technicality, saving you time and money. This guide covers the fatal errors head contractors make and how you can use them to your advantage.

John Merlo
Oct 31, 202513 min read


The Developer's QCAT Blueprint: Using Your Contractual Matrix as a Shield in Building Disputes
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.

John Merlo
Oct 30, 202515 min read


Building a Scalable Preliminary Agreement System for Your QLD Project Pipeline
Ditch the risky, one-off preliminary agreements. This guide shows Queensland property developers how to build a scalable PWA system to standardise builder engagement, manage risk across their project pipeline, and ensure compliance with QBCC and BIF Act regulations from day one.

John Merlo
Oct 29, 202513 min read


A Developer's Legal Triage Plan for Defending a QBCC Construction Dispute
A notice from the QBCC demands a rapid, calculated response. This guide is your legal triage plan—a set of non-negotiable actions to take within the first 48 hours to assess the claim, mitigate exposure, and establish a strong defensive position.

John Merlo
Oct 18, 202512 min read


Legally Qualify a Statutory Declaration for Disputed Subcontractor Payments
A guide for head contractors on how to legally qualify a statutory declaration when a payment dispute with a subcontractor arises. Learn the "carve-out" strategy to ensure you get paid by the principal without committing perjury, and understand the steps to take when escalating the dispute through the QBCC or QCAT.

John Merlo
Oct 17, 202516 min read


The Red Alert Adjudication Playbook: Your First 24 Hours to Fight a Lowball Payment Schedule in QLD
When a principal contractor hits you with a lowball payment schedule, your first 24 hours are critical. This playbook provides a time-critical guide for Queensland subcontractors to fight back using the BIF Act adjudication process, from gathering evidence to filing a claim and enforcing a decision.

John Merlo
Oct 16, 202514 min read


The Subcontractor’s Trap - How Hidden Costs in QLD Contracts Are Killing Your Profit
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.

John Merlo
Oct 14, 202516 min read


How Queensland Courts Calculate Loss of Opportunity Damages for Developers
Expert insight into how Queensland courts assess and quantify 'loss of opportunity' damages for property developers. Learn about the evidence required, the role of expert witnesses, and the strategic choice between QCAT and the Supreme Court for high-value construction disputes.

John Merlo
Oct 9, 202516 min read


The Subcontractor's Shield: Using Insurance Clauses to Defeat Unfair Back-Charges and Set-off claims in QLD
A comprehensive guide for Queensland subcontractors on how to strategically use their subcontract, insurance policies, and the BIF Act to challenge and defeat unfair back-charges and set-off claims from head contractors. Learn the step-by-step defensive playbook to protect your payments and your business.

John Merlo
Oct 8, 202520 min read


The Developer's Defence Manual - How to Dismantle a Builder's Quantum Meruit Ambush in Queensland
A builder's post-project quantum meruit claim can be a significant financial threat. Learn the key strategies developers in Queensland can use to dismantle these ambushes, from leveraging watertight contracts and meticulous documentation to challenging the "reasonable value" of the work performed.

John Merlo
Oct 8, 202514 min read


The Developer's Playbook for Claim Triangulation: Maximising Construction Insurance Recovery in QLD
Discover the "Claim Triangulation" strategy, a playbook for Queensland developers to maximise insurance recovery after a major site incident. Learn how to strategically manage Contract Works, Public Liability, and Professional Indemnity policies to prevent claim denials and protect your project's financial viability.

John Merlo
Oct 2, 202516 min read
bottom of page