Tony Earls

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