Marc Lixenberg

Construction, Engineering & Infrastructure

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 two international construction contractors as Respondents in ICC arbitration brought by a Middle Eastern State entity arising out of the development of a world-class medical facility in the Middle East. USD 3 billion at stake.
• Representing the owner of an offshore wind farm in arbitration proceedings under the LCIA rules, in relation to a contractor’s alleged entitlement to additional payment (c. £300m), extensions of time and liquidated damages (c. £90m).
• Representing a European contractor responding to an ICC arbitration valued in excess of $20m USD in respect of the construction of a power plant in the Middle East.
• Advising a Hong Kong contractor on a substantial claim for extensions of time, and loss and expense, in relation to external wall repair and cleaning works.
• Cleveland Bridge UK Ltd v Sarens (UK) Ltd: acting as sole counsel for Cleveland Bridge on a significant claim for declarations in relation to an alleged limitation on liability in the parties’ contract for the construction of new bridges on the Heysham to M6 link road.
• Castle Trustee & Ors v Bombay Palace Restaurant Ltd [2017] EWHC 1889: acting as junior counsel in a two week TCC trial concerning the claimants’ entitlement to payment for additional works. Marc was also involved with numerous significant interim applications, including for strike out, summary judgment and security for costs.
• Representing the successful claimant as junior counsel in a case regarding the Defendant contractor’s contractual obligation to provide documents. The second Judgment, also in favour of the claimant, addressed the defendant’s objections based on privilege. Transport for Greater Manchester v Thales Transport and Security Ltd (No 1) 146 ConLR 194, (No 2) 146 ConLR 218 (Akenhead J).
• Appearing for the Claimant in Liberty Mercian Ltd v Cuddy Civil Engineering Ltd & Ors (2013) 150 ConLR 124; (2014) 157 ConLR 72 (Ramsey J), a case which raised complex legal issues regarding misnomer, mistake, rectification and repudiation. Marc acted as junior counsel on three appeals to the Court of Appeal (which appeals settled prior to the hearing itself), arising out of three separate first instance judgments.
• Appearing as sole counsel for the successful housing association in Part 8 proceedings to ‘overturn’ an adverse adjudicator’s decision: TSG Building Services plc v South Anglia Housing Ltd [2013] BLR 484 (Akenhead J). The Judgment involved the resolution of important, and topical, questions regarding termination of contracts and good faith.
• Appearing as sole counsel for the claimant contractor in successfully resisting an application for security for costs (Adonis Constructing Limited v Brand Leonard Limited(2013), Ramsey J).
• Appearing as junior counsel for the MoD in the High Court and Court of Appeal in respect of preliminary legal issues (London & Regional (St George’s Court) Ltd. v. Ministry of Defence & Secretary of State for Defence [2008] EWHC 526; [2009] BLR 20). Marc’s role included assisting in the drafting of statements of case, witness statements, opening submissions, grounds of appeal and skeleton argument for permission to appeal.
• Successfully arguing against summary enforcement of an adjudicator’s award in BSF Consulting Engineers Ltd v. MacDonald Crosbie ([2008] All ER (D) 171).