Max Twivy

Max has acted in a wide range of domestic and international construction, engineering, and infrastructure disputes, in the TCC and in arbitrations. Recent work includes:

Cladding and Fire Safety

• Acted as junior counsel (led by Rupert Choat KC) for the successful claimant in enforcing a £14.4m adjudication decision in a cladding dispute. The significant judgment was the first to consider whether an adjudicator has jurisdiction to determine a claim under the Defective Premises Act 1972: BDW Trading v Ardmore Construction [2024] EWHC 3235 (TCC).
• Acting as junior counsel (led by Dominique Rawley KC) for a developer in multiple ongoing TCC and arbitration cladding and fire-safety claims, under the Defective Premises Act 1972 and the Building Safety Act 2022.
• Acting (providing advice and drafting pleadings and applications) in multiple matters involving applications for Building Liability Orders under the Building Safety Act.
• Acted as junior counsel (led by Dominique Rawley KC) for a contractor in a TCC claim relating to cladding on a block of student accommodation.
• Acted as junior counsel (led by Katie Powell) for an architect in Shepherd Construction v Kingspan & Others, one of The Lawyer’s Top 20 Cases of 2024, relating to the cladding of a mixed-used development.
• Acted as junior counsel (led by Dominique Rawley KC) in Northumbria Healthcare NHS Foundation Trust v Lendlease Construction (Europe) Ltd & Others, one of The Lawyer’s Top 20 Cases of 2022. The issues involved include alleged fire-safety defects in a hospital.
• Acting as junior counsel for a fire engineer in a TCC claim relating to cladding.

General construction & engineering

• Acted as sole counsel for the successful claimant in a Part 8 claim in the TCC, regarding the contractual interpretation of a clause in a JCT construction contract: MY Contracts Ltd v 74 Hamilton Terrace Freehold Ltd [2024] EWHC 2896 (TCC).
• Acted as junior counsel (led by Chantal-Aimée Doerries KC), including at trial, in an ICC arbitration relating to structural steel and foundation defects in a cement plant in East Asia.
• Acting as junior counsel (led by Rupert Choat KC) in a TCC claim relating to hospital multi-storey car parks.
• Appeared as sole counsel for the successful claimant (against a leading silk) in enforcing an adjudication decision and resisting a Pt 8 claim challenging the correctness of the decision: Breakshore Ltd v Red Key Concepts Ltd [2022] 5 WLUK 677.
• Appeared as sole counsel for the successful claimant in a trial concerning the scope of a contractual variation provision in relation to a commercial development: Star Real Estate Ltd v South Q 100 Ltd [2022] 4 WLUK 449.

Energy, Utilities, Infrastructure, and PFI

• Acted as junior counsel (led by Steven Walker KC) in a PFI dispute relating to street lighting in domestic arbitration proceedings.
• Acted as junior counsel (led by Steven Walker KC), including at trial, in an international ICC arbitration relating to a methanol plant in the Caribbean.
• Acted as junior counsel (led by David Streatfeild-James KC and Fiona Parkin KC), including at trial, in a high-value international arbitration relating to a major Middle East rail project.
• Acted as junior counsel in a multi-billion-dollar arbitration regarding an airport.

Procedural and other matters

• Appeared as sole counsel for the successful applicant in a TCC application for a final charging order: Blacknest Gate Ltd v Seymour Realty Ltd [2020] EWHC 3878 (TCC).
• Appeared as junior counsel (led by Camille Slow) in the TCC for the successful applicant seeking security for costs: Dimension Data Advanced Infrastructure v Berkeley Homes [2020] EWHC 1328 (TCC).
• Drafted Defence on behalf of a bank in a claim relating to a call on a performance bond. Max has also advised on a number of matters relating to guarantees and bonds.
• Regularly appears in court as sole counsel in procedural and interim hearings (as well as at trial).

• Acted as junior counsel (led by Steven Walker KC) in a PFI dispute relating to street lighting in domestic arbitration proceedings.
• Acted as junior counsel (led by Steven Walker KC) in an international arbitration relating to a methanol plant in the Caribbean. Max carried out some of the advocacy during trial.
• Drafted advice for an offshore windfarm developer regarding its rights to carry out surveys and obtain injunctive relief.

Much of Max’s construction and engineering work (as set out above) involves allegations of professional negligence, including (for example) the following:

• Acted as junior counsel (led by Chantal-Aimée Doerries KC) in an ICC arbitration relating to a cement plant in East Asia. The case involved a number of structural engineering design issues including relating to wind load, seismic load and steel grade.
• Acted as junior counsel (led by Katie Powell) for a firm of architects in Shepherd Construction v Kingspan & Others, one of The Lawyer’s Top 20 Cases of 2024, relating to the cladding of a mixed-used development.
• Acting as junior counsel (led by Nicholas Collings) for a fire engineer in a TCC claim relating to cladding.
• Acting as junior counsel (led by Katie Powell) for a developer in a TCC claim against a firm of architects in relation to external wall watertightness and fire safety defects.
• Acting for or against professionals / D&B contractors in various other post-Grenfell cladding claims involving allegations of negligent design.
• Acted as junior counsel in a multi-billion-dollar international arbitration on behalf of an architectural and project management firm, regarding a major airport in the Middle East.

• Acted as junior counsel (led by Chantal-Aimée Doerries KC), including at trial, in an ICC arbitration relating to structural steel and foundation defects in a cement plant in East Asia.
• Acted as junior counsel (led by Steven Walker KC), including at trial, in an ICC arbitration relating to a methanol plant in the Caribbean.
• Acted as junior counsel (led by David Streatfeild-James KC and Fiona Parkin KC), including at trial, in a high-value international arbitration relating to a major Middle East rail project.
• Acted as junior counsel in a $2 billion arbitration in a dispute over the design, procurement, and construction of a major airport in the Middle East.
• Drafted advice and carried out legal research in an ICSID investment treaty arbitration on behalf of an American investor in a claim against a South American state.

Max is regularly instructed in adjudications and adjudication enforcement proceedings. Recent examples include:

• Acted as junior counsel (led by Rupert Choat KC) for the successful claimant in enforcing a £14.4m adjudication decision in a cladding dispute. The significant judgment was the first to consider whether an adjudicator has jurisdiction to determine a claim under the Defective Premises Act 1972: BDW Trading v Ardmore Construction [2024] EWHC 3235 (TCC).
• Acted as sole counsel for the successful claimant in a Part 8 claim in the TCC, in which the court determined that the decision of an adjudicator was wrong in relation to a matter of contractual interpretation: MY Contracts Ltd v 74 Hamilton Terrace Freehold Ltd [2024] EWHC 2896 (TCC).
• Appearing for the successful applicant for a charging order in TCC adjudication enforcement proceedings: Blacknest Gate Ltd v Seymour Realty Ltd [2020] EWHC 3878 (TCC).
• Appeared as sole counsel for the successful claimant in enforcing an adjudication decision and resisting a Pt 8 challenge: Breakshore Ltd v Red Key Concepts Ltd [2022] 5 WLUK 677.
• Drafting Part 8 TCC claims seeking declaratory relief relating to an adjudicator’s jurisdiction, regarding the conclusiveness of a final account and the effect of a previous decision.
• Acted for an adjudicator in a claim for non-payment of fees.

• Drafted advice and carried out legal research in an ICSID investment treaty arbitration on behalf of an American investor in a claim against a South American state.
• Appeared as sole counsel acting for Transport for London in its successful strike out application relating to taxi licences: Houston & Ors v Transport for London [2022] EWHC 3279 (KB).
• Appeared as sole counsel in a Norwich Pharmacal application in the Intellectual Property Enterprise Court: Puma SE v Transport for London [2023] EWHC 1236 (IPEC).
• Appeared as sole counsel in the High Court Senior Courts Costs Office, successfully obtaining a charging order enforcing sums due under Default Costs Certificates.
• Appeared as sole counsel in the High Court (Insolvency and Companies List), successfully obtaining an interim injunction to restrain the presentation of a winding-up. Max has also provided advice and drafted application documents on a number of other matters relating to statutory demands and winding-up petitions.
• Appeared in the Companies Court Winding Up List to apply for a winding-up order.
• Appeared as sole counsel in the Chancery Division, obtaining an indemnity costs order.
• Appeared as sole counsel in a trial relating to a development management agreement: Star Real Estate Ltd v South Q 100 Ltd [2022] 4 WLUK 449.
• Appeared as sole counsel in a trial relating to the identity of the contracting entities in a contract for the sale of goods.
• Drafted a Defence to a payment claim by a PR company following termination of its contract.
• Drafted Defence on behalf of a bank to a claim calling on a performance bond.
• Drafted advice for a purchaser under a contract for the sale of a hotel.

Max has also drafted advice on numerous procedural and commercial, company and contract law matters, including: bonds and guarantees; contractual interpretation of various insurance policies; retention of title in goods and s25 of the Sale of Goods Act; and injunctive relief.

BDW Trading Ltd v Ardmore Construction Ltd [2024] EWHC 3235 (TCC)

MY Contracts Ltd v 74 Hamilton Terrace Freehold Ltd [2024] EWHC 2896 (TCC)

Puma SE v Transport for London [2023] EWHC 1236 (IPEC)

Houston v Transport for London [2022] EWHC 3279 (KB)

Blacknest Gate Ltd v Seymour Realty Ltd [2020] EWHC 3878 (TCC)

Dimension Data Advanced Infrastructure Ltd v Berkeley Homes Plc [2020] EWHC 1328 (TCC)

2018:         SCL Hudson Prize, 1^st prize; Times Law Awards, runner-up

2017-2018:   Bedingfield Scholar, Gray’s Inn

2017-2018:   Bar Professional Training Course, BPP Law School, Outstanding (ranked 1^st in year)

2016-2017:   Graduate Diploma in Law, BPP Law School, Distinction (ranked 1^st in year)

2013-2016:   University of Cambridge, Trinity College, History BA (Hons), Starred Double First

Ranked 2^nd in year in Part I, 3^rd in Part II

Faculty of History Prize for Outstanding Performance

Earl of Derby Prize for highest distinction in History, Trinity College

James Webb Prize for the History of Ideas

Gordon Duff Prize, Cambridge University Library

Bowen Prize and Greaves Prize, Trinity College; Senior Scholarship, Trinity College

TECBAR Review (Co-Editor, February 2022 to date)

‘Guidance Notes for Experts participating in Commercial Mediation’ The Academy of Experts [2021]

‘The Prevention Principle After North Midland v Cyden Homes: Time for Change?’ [2019] International Construction Law Review 375.

Max is a member of the SCL, TECBAR and COMBAR. Max is on the TECBAR committee, and is a co-editor of the TECBAR Review. Max is ranked as a Rising Star in Construction by The Legal 500.

“Max is extremely detailed, sharp and engaged. He is responsive and is very pleasant to work with. Certainly a name to watch for the future.”
Construction, The Legal 500 2025

“Max is clearly very intelligent and knowledgeable. He has proven to be very effective in his advice. He is a very clear communicator.”
Construction, The Legal 500 2024