Publications

A weathered, cracked vintage stopwatch rests on a pile of bricks and wet mortar at a construction site, with a silhouetted crane visible under a dark, cloudy twilight sky in the background.

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

A close-up shot of a handshake between a person wearing a rugged, soiled construction glove and a person in a formal business suit, set against the backdrop of a steel building frame and a crane at sunset.

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

A rolled-up, aged blueprint paper tightly wrapped in heavy, rusty metal chains resting on top of a rough concrete block. The scene is set in a dimly lit, dusty industrial space with shafts of light filtering through a window in the background, illuminating floating dust motes.

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

Cinematic close-up of a heavy industrial steel joint securely bolted to a concrete foundation during a rainstorm. Water beads off the metal surface, highlighting its durability and weather resistance, symbolizing the 'fit for purpose' construction warranty.

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

A close-up of a serious middle-aged construction worker wearing a white hard hat and orange high-visibility vest. He is intently reading a document titled 'QBCC Act - Queensland Building and Construction Commission Act 1991.' The background features the Brisbane city skyline and the illuminated Story Bridge at dusk, with construction cranes visible in the distance.

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

A close-up, slightly high-angle shot showing a person's hand in a blue suit jacket and white shirt cuff placing a white document titled "REQUEST FOR PARTICULARS" onto a polished wooden desk. In the background, slightly out of focus, is a cluttered desk with crumpled papers and a binder labeled "STATEMENT OF CLAIM." The lighting is dramatic and moody, highlighting the document in the foreground.

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

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