Baker Merz Construction Lawyers
Expert construction law services. Contract disputes, adjudication, claims & litigation. Free consultation.
07 3054 7105Quick Enquiry
Contract Review & Drafting
HIA QLD, MBA QLD, AS4000, GC21 & bespoke agreements.
QCAT Representation
Domestic building disputes, defect claims & termination matters.
Security of Payment
Payment claims & adjudication under BIFA 2017.
QBCC Matters
Licence issues, disciplinary proceedings, show cause & appeals.
Claims Preparation
Variation, EOT, delay & disruption claims with CPM analysis.
Construction Litigation
Supreme Court, District Court & appellate matters.
Delay & Disruption
Prolongation, acceleration & productivity loss quantification.
Domestic Building Contracts
Domestic Building Contracts Act 2000 advice & disputes.
Brisbane's Construction Market
Brisbane and South East Queensland form one of Australia's fastest-growing construction markets, underpinned by major infrastructure investment, population growth, and preparation for the 2032 Brisbane Olympic and Paralympic Games. The Cross River Rail project is transforming the city's transport network, while the Brisbane Metro will deliver high-frequency public transport across the inner suburbs. The Queen's Wharf integrated resort development and the Brisbane Airport expansion are reshaping the CBD and northern gateway.
Queensland's construction industry is characterised by a high proportion of residential and townhouse projects, a strong subcontractor market, and significant civil infrastructure work. The state also has a well-developed security of payment regime and an active regulator in the QBCC, making specialist legal support essential for contractors, developers, and homeowners alike.
Queensland Legislation We Work With
The Building Industry Fairness (Security of Payment) Act 2017 (BIFA) is the cornerstone of Queensland's payment security framework, providing statutory rights to progress payments, payment schedules, adjudication, and suspension of work. The Queensland Building and Construction Commission Act 1991 establishes the QBCC and regulates licensing, disciplinary proceedings, and statutory insurance. The Domestic Building Contracts Act 2000 governs residential building contracts, including mandatory terms, progress payments, and dispute resolution. The Queensland Civil and Administrative Tribunal Act 2009 provides the framework for QCAT, which hears many domestic building disputes.
Recent Case Studies — Brisbane
Cross River Rail — BIFA Adjudication for Subcontractor
A specialist civil subcontractor engaged on the Cross River Rail project was owed $2.4 million in unpaid progress claims, with the head contractor asserting set-offs for alleged defects and delay. We prepared a payment claim under the Building Industry Fairness (Security of Payment) Act 2017, responded to the payment schedule, and lodged an adjudication application with a supporting expert report on the cause of the alleged defects. The adjudicator found the set-offs were not supported by the contract and awarded our client the full $2.4 million plus interest and adjudicator fees, preserving cash flow for the remainder of the project.
Brisbane Homeowner — QCAT Defect Claim Defence
A Brisbane builder was the respondent in a QCAT proceeding brought by a homeowner alleging defective construction of a townhouse development, with the homeowner claiming $650,000 in rectification costs. We reviewed the alleged defects against the contract documents, the National Construction Code, and the relevant Australian Standards, and engaged an independent building inspector to provide expert evidence. We demonstrated that many of the alleged defects were within acceptable tolerances or attributable to the homeowner's design changes. QCAT awarded only $42,000 in rectification, a 93% reduction from the claim.
Regional Queensland Contractor — Delay Claim Settlement
A civil contractor working on a regional Queensland highway upgrade faced a principal's refusal to grant an extension of time for wet weather delays and utility relocations, with liquidated damages of $18,000 per day being threatened. We analysed the contract's extension of time clause, the rainfall records, and the project programme, and prepared a detailed CPM-based delay analysis demonstrating that the qualifying delays were on the critical path. The matter resolved through commercial negotiation with the principal agreeing to a 55-day extension of time and reimbursement of $380,000 in delay-related costs.
Office Details
Address
Suite 140, 167 Eagle Street, Brisbane QLD 4000
Phone
07 3054 7105Hours
Mon–Fri 8:30am – 5:00pm
Areas We Serve Across Queensland
Brisbane CBD & Inner Suburbs
High-rise commercial, residential towers, and mixed-use developments in the CBD, Fortitude Valley, and South Brisbane.
South East Queensland
Gold Coast, Sunshine Coast, Ipswich, and Toowoomba — growing residential and infrastructure corridors.
Regional Queensland
Cairns, Townsville, Mackay, Rockhampton, and Gladstone — resources, mining, and civil construction.
2032 Olympics Infrastructure
Venue, transport, and village projects across Brisbane and the surrounding regions.