Publications

A metaphorical visualization of business and construction risk. A large, rusty open bear trap is positioned directly on top of a 'JOINT VENTURE DEVELOPMENT AGREEMENT' notebook and rolled blueprints on a rustic desk. Next to the trap are several gold coins and an old calculator displaying '25%'. The background shows a busy high-rise building under construction (labeled 'DEV. PTY. LTD. RIVERWALK TOWERS') with construction workers, set against a distant city skyline under a dramatic, contrasting sky: heavy, dark storm clouds approach from the left while bright, warm sunlight breaks through on the right.

A Developer's Playbook for Defeating Unfair Default Interest Clauses in QLD

A developer's strategic playbook for challenging and defeating punitive default interest clauses in Queensland construction contracts. Learn how to use the penalty doctrine and new Unfair Contract Term laws, and what evidence you need to gather to protect your project from a financial ambush.

John Merlo

7 days ago13 min read

Aerial view of residential apartment buildings under construction alongside cleared development land with new road infrastructure in South-East Queensland at golden hour, illustrating the scale of Queensland's housing supply challenge.

Unlocking Stalled Developments: A Developer's Legal Toolkit for QLD's New Planning Reforms

A practical legal toolkit for Queensland property developers. Learn how to use the 2024 Housing Availability and Affordability Act (HAAPOLA) to unlock stalled projects, challenge council delays, and align your developments with new state priorities to gain a competitive advantage.

John Merlo

Mar 917 min read

A cinematic, photorealistic hero image taken at an early morning construction site in Brisbane, Australia. In the foreground, a builder wearing a plain hi-vis vest and hard hat with a serious expression holds a clipboard with a formal document stamped "DIRECTION TO RECTIFY". He looks towards a partially completed modern home with scaffolding and caution tape in the background. Golden sunlight filters through the site, creating dramatic rays. A silhouette of an inspector is visible in the mid-ground, taking notes. The composition leaves space on the right for the headline text "The QBCC Direction to Rectify: A Builder’s Complete 2026 Guide".

The QBCC Direction to Rectify: A Builder's Complete 2026 Guide

A comprehensive guide for Queensland builders on how to handle a QBCC Direction to Rectify. Learn about the process, your legal options for compliance or appeal, and the severe penalties for non-compliance.

John Merlo

Feb 1915 min read

Cinematic photo of a construction company director in suit and hi-vis holding a ‘QBCC’ folder outside an office, with a Queensland building site blurred in the background, conveying director accountability after a company collapse.

QBCC Excluded Individuals: The 2026 Guide to Director Bans After a Company Collapse

A comprehensive guide to the QBCC's Excluded Individual policy for 2026. Learn what triggers a three-year or lifetime ban for directors after a company collapse, how to challenge a notice, and the steps to mitigate your risk.

John Merlo

Feb 1713 min read

A cinematic photograph of a Queensland construction site at sunrise, with a white hard hat and a worker's hands holding a clipboard with documents in the foreground. A subtle "APPROVED" stamp overlay is visible.

The QBCC Fit and Proper Person Test: Your Complete 2026 Guide

A comprehensive guide to understanding and passing the QBCC's 'fit and proper person' test in 2026. Learn about the core assessment criteria, your absolute duty of disclosure, and your legal options for challenging a negative decision from the QBCC.

John Merlo

Feb 1710 min read

A close-up photograph shows a metal sign with the letters "CFMEU" engulfed in orange and yellow flames, resting on a bed of glowing red and grey embers and ash. The metal is blackened and charred from the fire. The background is completely black.

How QLD Construction Can Navigate the Legal Fallout from the CFMEU Corruption Crisis

The Watson Report's findings on CFMEU corruption have created a perilous new legal landscape for QLD builders. This guide breaks down the threats from new AML laws, anti-corruption crackdowns, and mandatory reporting, providing a clear action plan for survival.

John Merlo

Feb 1522 min read

Cinematic dawn view of a Brisbane construction site with cranes, showing a contractor’s gloved hands holding an open contract where a “within 5 business days” clause is highlighted, alongside a site diary on a clipboard and subtle clock/calendar graphics, with empty space for the article title.

The Contractor's Guide to Time Bar Clauses in Queensland

A comprehensive guide for Queensland contractors on understanding and managing time bar clauses (conditions precedent) in construction contracts. Learn about the risks of claim extinguishment, the interaction with the BIF Act, and proactive strategies to protect your payments and avoid disputes.

John Merlo

Feb 1317 min read

Cinematic Queensland construction site at sunset with a building contract on a clipboard in the foreground, showing a “Notice to Remedy Breach” header, symbolising lawful termination for repudiation.

Repudiation in QLD Construction Contracts

A comprehensive guide for builders and homeowners on understanding and navigating repudiation in Queensland construction contracts. Learn to identify a serious breach, follow the correct legal process for termination, and avoid the costly pitfalls of wrongful termination with insights into the roles of the QBCC and QCAT.

John Merlo

Feb 1117 min read

Builder in hi-vis stands at a Queensland home construction site at sunset, reviewing paperwork on a clipboard and a phone, suggesting a payment dispute.

Quantum Meruit QLD: A 2026 Guide to Fair Payment for Construction Work

Discover how to use a Quantum Meruit claim in Queensland to secure fair payment for construction work when there's no valid contract. This guide covers the role of QCAT, evidence requirements, and alternatives like the BIF Act.

John Merlo

Feb 1016 min read

Cinematic golden-hour photo of a newly finished Queensland home with landscaping complete, as a builder in hi-vis and an owner in smart casual shake hands near the entry; a clipboard checklist, rolled plans and keys sit on a ute, with open space on the left for a headline.

Practical Completion in QLD

A comprehensive guide for builders and owners in Queensland on navigating the critical milestone of practical completion. Learn about contract clauses, the roles of certifiers and superintendents, managing defects, and resolving disputes with the QBCC and QCAT.

John Merlo

Feb 1014 min read

A subcontractor standing behind a glass wall with a suited developer on the other side, in front of a golden hour Queensland construction site

Privity of Contract in Queensland Construction

The doctrine of privity of contract can leave subcontractors unpaid and without recourse. This guide explains how Queensland's BIF Act provides a powerful exception, allowing you to bypass privity and secure payment. Learn how to protect your business with strong contracts and a clear understanding of your statutory rights.

John Merlo

Feb 913 min read

Close-up of a heavy-duty steel chain with a glowing digital blueprint link, set against a high-rise construction site at dusk, symbolizing Queensland's Chain of Responsibility laws and supply chain compliance.

QLD's Chain of Responsibility Law: A 2026 Guide for the Construction Supply Chain

A comprehensive 2026 guide to Queensland's Chain of Responsibility laws for non-conforming building products (NCBPs). Learn about your legal duties, the QBCC's powers, and how to protect your business in the construction supply chain.

John Merlo

Feb 915 min read

Queensland construction site manager in high-visibility orange and navy workwear and white hard hat reviews financial documents on tablet at sunset, with calculator and QBCC Licence Certificate visible on makeshift desk, timber-framed residential buildings under construction in background

QBCC Minimum Financial Requirements (MFR): Your Complete 2026 Guide to Financial Compliance

A comprehensive guide to the QBCC's Minimum Financial Requirements (MFR) for 2026. Learn about the recent reforms for sole traders, NTA and Current Ratio requirements, and the serious consequences of non-compliance to protect your builder's licence in Queensland.

John Merlo

Feb 614 min read

Excavator discovering unexpected underground rebar and old foundations at Queensland construction site - latent condition requiring immediate work stoppage and contractor notification

Latent Conditions in QLD Construction: Your 2026 Guide to Unforeseen Site Surprises

Discover how to manage unforeseen site surprises in Queensland construction. Our 2026 guide covers everything from identifying a latent condition and executing the claims process to understanding the roles of the QBCC and QCAT in building disputes.

John Merlo

Feb 412 min read

Construction contract showing liquidated damages clause on architect's table with Queensland building site at golden hour

Liquidated Damages in QLD Construction

A comprehensive 2026 guide for builders and owners on liquidated damages in Queensland construction contracts. Learn the difference between a valid clause and an unenforceable penalty, how to calculate a defensible rate, and the critical role of Extensions of Time (EOTs). Understand the QBCC's dispute resolution process and when to escalate a matter to QCAT.

John Merlo

Feb 317 min read

A miniature wooden house model sitting on blueprints on a desk, protected by a glowing, translucent blue energy dome. The dome shields the house from a heavy rainstorm and debris falling in the dark background, symbolizing protection, insurance, or safety in construction

Your Guide to Statutory Warranties in Queensland's Domestic Building Industry

A comprehensive 2026 guide for homeowners and builders on Queensland's statutory warranties for domestic building work. Learn about the 6.5-year structural and 12-month non-structural warranty periods, the QBCC's enforcement role, and how to make a claim for defective work.

John Merlo

Jan 3014 min read