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

5 days ago15 min read

Futuristic split-screen illustration showing AI-powered construction site with robotic systems and holographic interfaces on the left, and a digital contract with AI-related clauses including warranty coverage, liability limitations, and data security protocols on the right, connected by a central AI brain icon

Forcing Builder Liability for AI Errors with an "AI Warranty" Clause

Standard construction contracts are defenceless against AI-generated errors, creating a huge liability gap for developers. Learn how to implement a specific "AI Warranty" clause to make your builder 100% responsible for the accuracy of any AI-generated schedules, designs, or claims, protecting your project from costly tech failures.

John Merlo

Dec 411 min read

Aerial view of waterfront construction site with digital overlay showing holographic blueprints and blue contour lines across multiple development phases, from excavation to completed buildings, demonstrating smart construction technology and integrated project planning.

Building a Scalable Preliminary Agreement System for Your QLD Project Pipeline

Ditch the risky, one-off preliminary agreements. This guide shows Queensland property developers how to build a scalable PWA system to standardise builder engagement, manage risk across their project pipeline, and ensure compliance with QBCC and BIF Act regulations from day one.

John Merlo

Oct 2913 min read