Publications

A futuristic digital illustration showing a glowing, orange holographic dome rising from a wooden workbench in the middle of a dark construction site. Inside the dome, a complex blue wireframe blueprint of a modern skyscraper is being projected. On the workbench, a real rolled-up physical blueprint sits on the left, and a yellow hard hat rests on the right. The background is a dimly lit, active construction zone with steel beams, cranes, and scattered red digital artifacts floating in the air, suggesting a blend of physical building and augmented reality technology.

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

Aerial drone photography of urban waterfront development during sunset showing multiple construction cranes, modern skyscrapers, commercial buildings under construction, river with bridges, and city skyline bathed in golden hour light

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

Professional photograph of a mahogany desk in a modern law office with arched windows overlooking Brisbane cityscape. In foreground, official legal documents with Queensland government seal and gold fountain pen rest on burgundy leather desk mat. Transparent overlay displays bar chart comparing two columns: shorter column labeled "General Damages $500K Cap" and taller column labeled "Aggravated Damages (Separate Award)" with text "Section 35(2A) - Awarded Separately" beneath. Construction cranes and courthouse dome visible through windows in background.

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

A before-and-after comparison image of a modern kitchen with warm wood cabinetry, white marble countertops, and views of tropical greenery. The top image shows the completed renovation, while the bottom image shows the same kitchen with construction defects marked by red indicators and measurement tools, including a level on the countertop. Overlaid are two documents: a checklist titled '1,901 Directions to Rectify' with multiple checked items, and a QBCC warranty document featuring Schedule 1B with the phrase 'good and workmanlike manner' highlighted in a red box, illustrating construction quality standards and defect rectification processes under Queensland building regulations.

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 conceptual illustration of construction law showing a golden justice scale breaking through a dark blue shield emblazoned with 'DIRECTOR LIABILITY' against a backdrop of unfinished high-rise buildings with construction cranes. In the foreground, law books labeled 'DIRECTOR LIABILITY' and 'TORT OF DECEIT' are stacked beside an open legal document titled 'TORT OF DECEIT' and a wooden gavel, symbolizing legal accountability in the construction industry.

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

A bronze scales of justice balancing construction site elements—including a building, financing documents, and construction workers—against a gold coin labeled "Builder Profit," sitting atop a contract with "Exclusion Clause" highlighted in red. Construction cranes and a city skyline appear in the background under dramatic storm clouds, symbolizing the risk imbalance between developers and builders in construction contracts.

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

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