Own The Build
Own the Build is the podcast for Quantity Surveyors and Commercial Directors who want to sharpen their commercial edge and lead with confidence.
Hosted by Paul Heming, former Commercial leader and now co-founder of C-Link, each week’s conversation dives into the realities of modern commercial management — from procurement and contracts to digital transformation and leadership in construction.
Through honest discussions with industry leaders, forensic planners, and forward-thinking QSs, Paul explores how the best commercial teams deliver profit, performance, and project certainty in a changing industry.
If you’re serious about mastering the commercial side of construction — this is where you build your advantage.
Own The Build
Termination, Delay & Contract Chaos — What Main Contractors Get Wrong (EP 255)
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In this episode, Paul is joined by Brandon Silver, construction solicitor at Bexley Beaumont, for a deep, practical conversation on where construction contracts most often unravel — and how QSs and commercial leaders can protect themselves before problems escalate.
Brandon works daily on adjudications, payment disputes, termination claims and delay arguments, acting for contractors and subcontractors across the UK. In this episode, he shares real-world insights into the contractual mistakes he sees repeatedly — many of which are entirely avoidable.
The conversation covers:
- why most construction professionals fundamentally misunderstand their contracts — particularly JCT;
- how poor contract administration quietly destroys entitlement;
- termination under JCT: common law vs contractual termination, and why procedure matters more than intent;
- the five-step checklist every contractor should follow before issuing a termination notice;
- how easily an invalid termination can expose a party to loss of profit claims and significant financial risk;
- why smash-and-grab adjudications are rising — and how simple diary failures are costing businesses millions;
- concurrent delay explained properly: why true concurrency is rare, and why effect matters more than timing;
- the difference between relevant events and relevant matters — and why time does not always mean money; and
- record keeping in practice: what actually wins disputes, shortens arguments and protects cash flow.
Throughout the episode, Paul and Brandon connect legal theory with commercial reality, exploring how QSs can balance strong relationships with robust record keeping — and why being “commercial” without being contractual is one of the industry’s biggest risks.
This is essential listening for QSs, commercial managers and directors who want to reduce contractual exposure, protect entitlement and lead more confidently in an increasingly adversarial environment.
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📥 Plus: Grab Paul’s free new eBook Mastering Construction Procurement — link below:
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Want to connect with Paul?
Paul is on Linkedin here and would love to talk. You can also connect with Paul at paul@c-link.com or through, C-Link.
C-Link is software built by Quantity Surveyors for Quantity Surveyors. We save 600 hours of Quantity Surveying time per project in automation. We can make your QS’ so much more efficient.
Watch the Video to learn more; you can book a demo by clicking here.
