Publications

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.

Discover the critical legal paradox facing Queensland developers: how your commercial experience can be used by courts to deny a builder's duty of care. Learn why a written contract is your only real protection and what to do when a dispute arises.

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.

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.