Publications

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

Aerial view of half-completed high-rise residential development at sunset with construction cranes and exposed concrete framework alongside finished glass towers in Queensland Australia showing stalled construction project

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