Tony Earls

Special Counsel
T: 61 2 9929 0226
F: 61 2 8920 2427
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Before joining Bannermans as Special Counsel in 2013, Tony worked for several years as a quantity surveyor and contracts administrator before practicing as a solicitor for nearly 20 years with one of Australia's leading construction law firms. He has a wealth of experience in meeting the needs of clients across a wide range of public and private sector projects, ranging from minor residential renovations to major infrastructure developments, and enjoys a reputation for pragmatic and commercial legal advice.
Since joining Bannermans has Tony has practiced in the following specialist areas:
- Drafting and amending building and engineering contracts to suit particular client needs and requirements
- Risk management advice and the negotiation of building and engineering contracts
- Advising Owners Corporations on the procurement and management of contracting and consulting services for large and medium scale rectification work
- Providing preliminary advice in relation to building defects; legal remedies available, insurance rights, notification and limitation period requirements
- All aspects of construction insurance and insurance claims
- Construction litigation, Supreme and District Court
- Residential building defect claims in the NSW Consumer and Administrative Tribunal
- The settlement of construction disputes through ADR, including mediation
- Advice in relation to the Building and Construction Industry Security for Payment Act, including the management of claims, schedules and adjudications
- Advice in relation to the Home Building Act, and in particular its application to Strata Title Schemes
- Legal advice and dispute resolution in relation to building maintenance and management contracts
Tony has a specialist background in construction and engineering. He has a wealth of experience in meeting the needs of clients across a wide range of public and private sector projects, ranging from minor residential renovations to major infrastructure developments.
Qualifications/Memberships
- Bachelor of Laws (University of Technology Sydney) 1993
- Member of the Law Society of NSW
- Associate member of the Institute of Arbitrators and Mediators
Publications:
Earls T; Bannerman D, 2014, When the Home Warranty Insurer Comes Knocking, Master Builder: Official Magazine of the Master Builders Association of NSW, Issue Four, September - October 2014, Pg. 92
Earls T; Coggins, J; Davie, T; Evans, P, 2015, Understanding Construction Law, LexisNexis Butterworths
Articles:
- Building Defects: Who Pays?
- A New Duty of Care: Game Changing Protection for Property Owners
- New Policing Regime for Occupation Certificates - Residential Apartments Act 2020 (NSW)
- Don't Let Your Cladding Statutory Warranties Expire: FAQ's
- A Loophole to 4 Extra Years on an Owners Defects Warranty
- All's Fair in Contracts and Law? Unfair Contract Protection for Small Business
- Avoiding the Pitfalls - What Developers and Builders Need to Know Before Entering Lift Contracts for Residential Developments
- Making Completion Pay
- Owners Beware: Jurisdictional Problems with Agreements to Extend Statutory Warranties
- Pennywise but Pound-Foolish: Owners and Contracts for Residential Building Works
- Pushing the Right Buttons: Lift Contracts for Strata Schemes
- Sham Building Contracts, Extra Warranty Periods & Quantum Meruit Claims
- When the Home Warranty Insurers Come Knocking
- Why You Should Get Legal Advice on HIA Standard Form Contracts
- Why You Should Get Legal Advice on MBA Standard Form Contracts
- Combustible Cladding, Class Actions & Australian Consumer Law