7 May 2019: Patrick Clarke and Marc Lixenberg speaking on professional advice in construction projects
Patrick Clarke and Marc Lixenberg of Atkin Chambers will speak to the Society of Construction Law South West branch on […]
Marc specialises in the fields of construction, engineering, infrastructure, energy, information technology, professional negligence and general commercial arbitration. Described by clients as “a good advocate, and very proactive”, Marc has significant experience of High Court and appellate litigation, and arbitration, both as sole counsel and as junior counsel on large trials. He has built up considerable expertise in drafting pleadings, adjudication enforcement proceedings, preliminary hearings, advising on tactics, settling witness statements and expert reports, as well as fighting trials.
Marc’s advocacy is always sensitive to situation and audience, whether in the context of a court hearing, arbitration, mediation, adjudication or simply seeking to persuade through correspondence. “Committed and attentive to detail”, Marc is skilled at analysing large quantities of information and documentation. He has a keen eye for legal and technical complexities, while also maintaining a commercial overview and offering practical advice. Marc is one of the editors of the Building Law Reports, widely recognised as the leading set of law reports for the construction industry.
Hailing him as “very user-friendly, diligent and proactive”, the latest edition of Legal 500 recommends Marc in the fields of construction and professional negligence. Clients appreciate the “tactical nous” he brings to cases, as well as his power to “[translate] it into shrewd and timely advice”.
Marc’s experience covers a broad variety of construction, engineering and infrastructure disputes. He has acted for a wide range of contractors, private employers, government departments and local authorities in cases both large and small. His cases frequently concern matters such as the interpretation of standard form contracts, delay, disruption, extensions of time, loss and expense, liquidated damages, interim valuations, final accounts, variations, retention monies, termination, repudiation and defects. He is confident handling cases involving multiple parties.
Marc is accustomed to arbitration disputes, such as advising on the interpretation of arbitration clauses, drafting notices of arbitration and arbitration submissions, making applications under the Arbitration Act, as well as appearing at arbitral hearings.
Marc is also often called upon to advise parties on the suitability of a dispute for adjudication and the enforceability of any award. He has represented parties on many occasions in the adjudication process itself.
Acting for and against a range of professionals (including engineers, architects, surveyors, and project managers), Marc has been involved in some of the largest professional negligence disputes arising from construction projects. Notable examples of Marc’s work include:
Qualifications: 2005 – 2006: LLM, Harvard Law School and Churchill Scholarship, Gray’s Inn; 2004 – 2005: W. M. Tapp Scholarship, Gonville and Caius College and Bedingfield Scholarship, Gray’s Inn; 2001 – 2004: BA, Gonville and Caius College, Cambridge (1st Class), Frere Smith Prize for Law, Sir William McNair Prize for Law and Honorary Senior Scholarship.