When Clients Weaponize Contracts: Toby McCosker Speaks Out

Contracts Should Protect—Not Punish

In construction, contracts are supposed to be a safety net. A tool for clarity, fairness, and protection. But in the wrong hands, they can become weapons—used not to resolve, but to control, delay, and exploit.

I’ve been in this game long enough to know the difference between a client who wants a great outcome… and one who’s already looking for a loophole. And when you’re managing millions in materials, labour, and logistics, the last thing you need is a weaponised contract used to trap you at the finish line.

When Trust Breaks Down—Paper Takes Over

A contract is just paper. It can’t replace trust. But when trust breaks down, suddenly the contract becomes the battlefield. I’ve had clients twist clauses to delay payments. Use vague wording to escape variations. Hold back final sign-off over petty disputes just to gain leverage.

You can do everything right—on time, on spec, on budget—and still find yourself ambushed by a technicality that was never raised until the last invoice dropped.

I’m Toby McCosker, and I’ve lived through these games. And I’m done staying silent about it. Because too many builders and contractors are being strangled by contracts they signed in good faith.

The Fine Print Isn’t Always Fair

It’s easy to say, “read the fine print.” But the reality is, many builders don’t have in-house legal teams. We rely on standard contracts, mutual trust, and good communication. And that works—until it doesn’t.

Some clients are coached. They’re advised to “sign and stall.” They look for cracks. They exploit goodwill. And because we’re proud tradespeople who want to finish the job and move on, we absorb hit after hit just to keep the peace.

Let me be clear: this culture is toxic. It punishes the honest and rewards the manipulative.

Contracts Should Be a Framework—Not a Trap

A good contract protects both sides. It defines scope, expectations, and consequences clearly. But when it’s written or used in a way that tilts power toward one party, it becomes dangerous.

Builders like me don’t have time for courtrooms. We’re on-site, running teams, chasing suppliers. And we shouldn’t have to be lawyers just to get paid for work we’ve delivered in good faith.

That’s why I now advocate for better industry standards. More education. More balance. More awareness. And more builders speaking out when they’re backed into corners they never saw coming.

What I’ve Changed—and What I Tell My Team Now

I’ve learned to take nothing for granted. I don’t sign anything rushed. I ask questions. I pay for proper reviews. I’ve walked away from contracts that looked good on the surface but hid risk under layers of legal jargon.

And I tell every builder I mentor the same thing: protect yourself. Respect the contract, but don’t let it replace your instinct. If something feels off early, it’s probably worse than you think.

We need to lead with trust—but not blind trust. That’s the line.

Conclusion: It’s Time We Called It What It Is

When clients weaponize contracts, it’s abuse—plain and simple. It may be legal, but it’s not ethical. And if the construction industry wants to retain good talent and maintain trust, we have to call this out.

I’m Toby McCosker, and I’ve had to fight harder than most to protect what I’ve built. But I won’t let silence be the price of survival. I’ll keep leading, building, and speaking truth—even when it’s uncomfortable. Because builders deserve better—and we’ve earned it.

More from Toby McCosker

Lessons from the Frontline: Leading Through Adversity
How pressure shaped leadership beyond the job site.

Reputation vs. Reality: What the Media Got Wrong
Why headlines don’t always tell the full story.

Tobias (Toby) McCosker is the founder of Built By Toby. After two decades in construction and business, he now shares raw lessons from the frontline.
Explore more at BuiltByToby.com.au