Payment & Termination: Principles, Practice and Pitfalls

Join three leading professionals in construction and contract law for a practical session on the key principles, real world practices, and common pitfalls surrounding payment and termination.

Payment issues and termination clauses are two of the most contentious and risk heavy areas in commercial contracts. This session will explore how to get them right from the start and how to protect yourself when things start to go wrong.

You’ll hear insights on:

• How payment terms operate in practice and where they often break down
• The legal and contractual implications of terminating a contract
• Common mistakes that lead to disputes and how to avoid them

The session will conclude with a Q&A, giving you the opportunity to raise your own questions and learn from real world experience.

Perfect for professionals involved in procurement, project delivery, legal, commercial, or contract management.


A cold buffet will be served prior to the presentations.

Please note: this event is for over 18’s only

Members: gain 3 CIOB CPD points when you reflect on the ethical aspects of your learning from this activity.

Speakers

Lena Barnes, Senior Associate, Devonshires Solicitors LLP

Lena specialises in construction dispute resolution. In addition to advising clients on formal disputes, she frequently aids clients with situations that arise during the life cycle of live projects – including payment and termination. According to Legal 500 testimony, “She is pragmatic and robust, and cuts through the noise to get to the real issues in the case…”.

Lena has worked with employers, developers, contractors, and members at various levels of the supply chain. She has experience advising clients using most major forms of construction contract including JCT, NEC, FIDIC, etc.

She particularly enjoys the fast and furious pace of adjudications and has recently received her diploma in construction adjudication.

Most notably, she’s Nick’s and leading counsel’s instructing solicitor in the case of Providence Building Services Ltd v Hexagon Housing Association [2023] EWHC 2965 & [2024] EWCA Civ 962.

Nick Kaplan, Barrister, 4 Pump Court

Nick Kaplan specialises in commercial and contractual disputes, with a particular emphasis on construction and engineering. Nick is ranked as a leading junior for construction in Legal 500.

Nick is highly regarded for his experience in, and detailed knowledge of, payment disputes having acted as sole Counsel in a number of the leading authorities in this area including: Bexheat Ltd v Essex Services Group Ltd [2022] EWHC 936 (TCC), Bellway Homes Ltd v Surgo Construction Ltd [2024] EWHC 10 (TCC) and Bellway Homes Ltd v Surgo Construction Ltd [2024] EWHC 269 (TCC).

Nick regularly advises parties in relation to disputes arising from the termination of construction contracts. Nick frequently appears in Court, in Arbitrations or acts in Adjudications arising from contentious terminations and disputed termination accounts. Nick is presently instructed as junior Counsel in the leading authority in this area: Providence Building Services Ltd v Hexagon Housing Association [2023] EWHC 2965 & [2024] EWCA Civ 962, which is soon due to be heard in the Supreme Court.

Rob Varney, Director, Overford Ltd

Rob has over 35 years of experience in the construction industry and has built a strong reputation as a commercial and legal director with specialist expertise in MEP and HVAC systems. He is an MEP Chartered Quantity Surveyor with a solid background in dispute management, bringing real-life experience of issues related to payment and termination.

Rob has worked in and managed MEP subcontracting organisations for over 30 years, representing contractors, subcontractors, and consultants in adjudication relating to payment disputes and termination. His experience includes senior leadership roles, leading teams on major projects across the UK.

In 2025, Rob’s consultancy, Twenty3 Consulting, joined forces with Overford, where he now plays a key role in developing the firm’s expert witness and consultancy services. Rob supports clients on complex commercial and contractual matters, particularly in the building services sector.

Contact

Gemma Lovell

Member Services and Events Coordinator - London

glovell@ciob.org.uk