Jennifer Varley
Jennifer Varley
Jennifer Varley
Biography
Jennifer Varley is a Partner within BCLP’s Contentious Construction practice with significant expertise across the spectrum of major construction and engineering disputes. Jennifer has advised and represented some of the world’s leading developers, contractors and employers across a multitude of different sectors and on some of their most significant projects, including large-scale commercial, residential and mixed-use developments, as well as major energy and infrastructure projects.
Jennifer is highly regarded for advising clients on commercial and practical solutions in order to achieve early dispute resolution, including through the use of mediation. She also has considerable expertise in complex litigation and alternative dispute resolution proceedings, including adjudication, expert determination and international arbitration.
In particular, Jennifer has also developed a significant and specialist building safety practice, including pursuing and defending claims relating to defective cladding, external wall systems and internal fire-safety systems.
Jennifer also acts on PPP/PFI related disputes, particularly in relation to handover and hand-back of the projects from private to public sector.
Admissions
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England and Wales
Related Capabilities
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Construction Disputes
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Litigation & Dispute Resolution
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Energy Transition
Experience
- Representing a Canadian healthcare provider in a US$ 20 million ICC arbitration in respect of a dispute arising out of a PPP Agreement for the construction and operation of two new build hospitals in the Caribbean.
- Representing an oil refinery owner in ICC International Arbitration proceedings against an EPCm Contractor relating to claims of €150m. The claims concerned delay and additional costs arising from the alleged negligent performance of Engineering, Procurement and Construction Management services on a €1 billion+ oil refinery upgrade project.
- Defended one of the world’s largest commercial property development companies from allegations brought against it by an architect formerly engaged on the design and development of a +10-storey luxury mixed-use development in central London.
- Advising and representing a major UK retailer in connection with disputes arising out of the design and installation of combustible cladding and defective external wall systems across a portfolio of large mixed-use (high rise) residential developments. The cases involved obtaining detailed expert evidence on breaches of building regulations. The largest of these claims related to a high rise residential property which required a full re-clad and has involved claims in the TCC brought by tenants for liabilities under Defective Premises Act; claims in the TCC for breach of building contract and building regulations and arbitration claims for defects under sale contracts. We negotiated a successful multi-party settlement for our client through a structured alternative dispute resolution process.
- Representing a large UK property investor in connection with claims against a developer and contractor for various defects in the design and construction of the cladding and external wall systems in a portfolio of nine student residential properties across the UK prior to divestment of those assets, including representing the client in extensive settlement negotiations.
- Advising and representing one of the largest land owners in the UK in relation to various defects in the fire protection at three of the buildings in its major mixed use development comprising retail, residential and office space in a city centre. The largest of these claims settled in mediation following a pre-action process and the issuing of proceedings. The other claims were also settled by way of an agreement for the contractor to complete remedial works.
- Advising one of the world's largest asset managers in relation to its portfolio of real estate assets, including the pursuit of claims against its contractors due to fire safety defects at two of its student accommodation estates in the UK.
- Advising a German property investment fund in connection with building safety defects in a mixed use residential scheme. Including representing the client in connection with claims under the Defective Premises Act against the developer and advising the client on access to building safety related funds and grants.
- Advising various clients on their reporting obligations for higher risk buildings under the Building Safety Act and in connection with the landlord and leaseholder certification regime.
- Advising a leading UK utilities company on the strategy, procurement, development and drafting of several NEC4 Alliance contracts in respect of a £1.3 billion sewage and water distribution network.
Related Insights
Insights
Nov 03, 2025
Nov 03, 2025
Financing data centre developments: Balancing risk and opportunity in a capital-intensive sector
This is the third in a ten-part article series on the legal strategies shaping the future of data centre development in the UK.
The United Kingdom’s data centre sector is built on a striking paradox: demand for digital infrastructure seems limitless, but building it requires eye-watering amounts of capital. A hyperscale facility can cost more than £500 million, putting data centres among the most capital-intensive real estate assets in the world.
In this high-stakes environment, financing is not just about securing capital. It’s about designing the right capital structure – balancing debt and equity in a way that reduces risk, satisfies lenders, equity partners and tenants, and still delivers long-term returns.
In this third instalment of our Insight Series, we look at how sophisticated financing structures are used to balance risk and opportunity in the UK data centre market and share practical advice to help developers navigate complexity with confidence
Insights
Oct 23, 2025
Oct 23, 2025
Structuring shell and core data centre developments: Legal strategies for scalability and flexibility
This is the second in a ten-part article series on the legal strategies shaping the future of data centre development in the UK.
The UK data centre sector’s expansion is increasingly dominated by the shell and core development model. Hyperscale and major colocation tenants are seeking to deploy capital efficiently, accelerate their time-to-market, and retain maximum control over their proprietary technical environments. In response, developers are delivering powered shells – buildings with foundational power and cooling infrastructure but without tenant-specific fit-out – as the market standard.
This approach provides tenants with the freedom to customise their IT architecture. But it also presents developers and investors with complex legal and commercial challenges. The core objective is to create a flexible, scalable asset while ensuring a secure, bankable investment that meets the stringent criteria of institutional finance.
The success in shell and core projects depends on the seamless integration of planning, development, construction, leasing and regulatory strategies. A misstep in one area can cascade through the project, affecting finance, tenant relationships and operational performance.
This second instalment of our Insight Series examines the legal frameworks underpinning these developments, from the structure of development management agreements and lease contracts to the regulatory considerations shaping the market.
Insights
Oct 14, 2025
Oct 14, 2025
Mastering powered land transactions for UK data centres
This is the first in a ten-part article series on the legal strategies shaping the future of data centre development in the UK.
The UK’s data centre market is entering a period of rapid expansion, set to grow from $10.7 billion in 2024 to $22.7 billion by 2030. This is being driven by the computational demands of artificial intelligence, the widespread shift to cloud services and the relentless rise of enterprise-level computing. The result is a highly competitive market for powered land.
For hyperscale operators, institutional investors and specialist developers, the acquisition of these sites is no longer confined to the parameters of conventional real estate. Instead, it’s now a complex, high-stakes convergence of energy regulation, planning law and strategic commercial negotiation. Successfully navigating this landscape to deliver projects on time and on budget requires commercially astute legal advice to mitigate risk, unlock value and achieve market-leading outcomes.
In this article, we explore the legal, regulatory and commercial strategies that underpin successful data centre development, from planning consent and power supply agreements to ESG integration and emerging technological requirements.
Insights
Jun 26, 2025
Jun 26, 2025
The role of policy and what it means for the conduct of claims for building safety disputes
In this Insight, first published in PLC, BCLP Partners Jennifer Varley and James Clarke consider the Supreme Court decision in URS Corp Ltd v BDW Trading Ltd [2025] UKSC 21, which has significant implications for building safety disputes. This article explores the four grounds of appeal brought by URS after the developer, BDW, sought to recover costs for remediating structural defects.
Insights
Aug 21, 2023
Aug 21, 2023
Risk mitigation in a volatile price market
The construction industry will continue to face rising material prices, volatile markets and inflation. Disputes go hand in hand with rising prices as projects become much more difficult to complete on time and within budget. However, contractors can take some steps to protect themselves in a volatile market and manage liabilities and disputes if they arise.
Insights
Mar 24, 2022
Mar 24, 2022
Managing PFI contract expiry risks – updated IPA guidance
Insights
Jan 12, 2022
Jan 12, 2022
PFI ‘Health Checks’: The latest proposal to manage PFI expiry risk
On 16 December 2021, the PFI Centre of Excellence issued its Phase 1 PFI Expiry Health and Learnings Report. In this BCLP Insight, Jennifer Varley considers how these development areas may impact both the public and private sector.
Insights
Sep 01, 2021
Sep 01, 2021
How to avoid PFI contract expiry risks
Insights
Mar 11, 2021
Mar 11, 2021
A final account problem – JSM Construction v Western Power
The final account is normally a wrap-up of the contractor’s valid claims for extra payment. It’s particularly helpful if claims were not submitted or assessed as works progressed. So, what happens if the contract doesn’t have a final account procedure but there are claims outstanding once the works are finished? Can a final account procedure be implied under section 110(3) of the Construction Act 1996This was one of the questions the TCC faced in the recent case of JSM Construction v Western Power.