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Project bank accounts disputed funds accounts, retention trust accounts – what now??
Did you know the Queensland Government has passed further amendments to the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) in an attempt to clarify how project bank accounts (PBAs) are to operate. Get your hand out of the cookie jar The amendments aim to further restrict a head contractor’s ability to access amounts in PBAs. Previously as drafted, Head contractors were able to contort the intent of the laws by relying on the fact that if an amo

John Merlo
Mar 28, 20202 min read


Penalties for breaches to work health and safety law
Did you know work health and safety law in Queensland are a serious matter and now impose criminal liability for certain failures. Don’t ‘wait and see’ if you are investigated or fined… the time you take to respond could be the difference between, at best a small fine or a large fine, or at worst, a fine and jail time. Have you ever heard the expression “you never get a second chance to make a first impression”? I can help you make sure you get through what’s occurred the b

John Merlo
Mar 28, 20203 min read


NON-CONFORMING PRODUCTS - TOUGH PENALTIES FOR IN NEW QLD ACT
As a response to the concerns about combustible cladding, the Queensland Government passed the Building and Construction Legislation (Non-Conforming Building Products -Chain of Responsibility and Other Matters) Amendment Act (NCBP Act) 2017 on 24 August. On 1 October 2018, the Building and other Legislation (Cladding) Amendment Regulation 2018 came into effect compelling building owners to complete the combustible cladding checklist to determine the type of material used

John Merlo
Mar 28, 20203 min read


Beware the self represented solicitor or barrister
Did you know that self-represented litigants typically are not able to claim for their costs, even if successful, except for disbursements such as court filing fees subpoena and expert witness appearances? That’s a real problem, for several reasons: Firstly you will not be an expert and likely to get the best result yourself. Court rules and procedures are complex and often difficult even for experienced practitioners. There is a high probability you will not be successful D

John Merlo
Mar 28, 20202 min read


Understanding Subcontractors Charges Under the BIF Act: Key Insights for Queensland Contractors
The Queensland Government has passed further amendments to the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) in an attempt to clarify how project bank accounts (PBAs) are to operate. The BIF Act provides sweeping changes to existing construction and licensing legislation in Queensland. Subcontractors charges WARNING - A subcontractor’s charge that is inconsistent with subsection (1) is of no effect and does not attach – talk to Merlo Law toda

John Merlo
Mar 28, 20204 min read


Understanding Project Bank Accounts (PBAs): Requirements, Obligations, and Implementation
From March 2018, government projects with a contract price between $1 million-$10 million require a Project Bank Account ( PBA ). PBAs will only apply to contracts where more than 50% of the contract price is for building work, where the principal is the State government or authority (if they elect to opt in) and when the head contractor enters into a subcontract for all or part of the contracted building work. PBAs are NOT required for maintenance work contracts or contract

John Merlo
Mar 28, 20202 min read
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