This review examines recent planning policy and legislation regarding the regeneration of brownfield land in England. The study is centred on housing and England's West Midlands region with a focus on the Black Country. The Housing and Planning Act 2016 introduced provisions to grant permission in principle for housing-led development in England and mandated the assembly of brownfield planning registers. The Brownfield Land Register Regulations 2017 requirements and their implementation is explored. The review concludes that this legislation has led to the mapping of almost 18,000 brownfield sites. In addition, capacity for 1.3 million homes on 21,000 sites covering 25,000 hectares has been identified on local authority brownfield registers.

This briefing covers contractors’ standard of design responsibility by analysing current standard forms of contract and reviewing recent relevant case law. A report ranks failure to understand and/or comply with contractual obligations as the third top cause of construction disputes in the UK. The distinction between reasonable skill and care and fitness-for-purpose responsibilities is explained. A fitness-for-purpose standard accepted by contractors will not be back-to-back with a designer who will only accept a reasonable skill and care responsibility. Professional indemnity insurance policies will cover a failure to exercise reasonable skill and care but usually exclude protection for fitness-for-purpose obligations. Current Joint Contracts Tribunal, NEC and International Federation of Consulting Engineers contracts are analysed. It is notable that these standard forms of contracts adopt different stances on the important matter of a contractor’s mandated standard of design. Technology and Construction Court, Supreme Court and Scottish Court of Session Inner House decisions are reviewed. The three cases found the contractor liable for a fitness-for-purpose obligation. Therefore, contractors should interpret a contract’s conditions and schedules for their mandated standard of design before agreement.

The UK left the EU on 31 January 2020, widely referred to as ‘Brexit’. However, the country is currently in the transition period and remains a participant in the EU customs union and single market, with the majority of EU law continuing to be applicable. Furthermore, the UK government’s aim is a trade and economic partnership and free trade agreement with the EU. Therefore, knowledge of the EU’s development, institutions and sources of law remains relevant to civil engineers. The EU–UK political declaration incorporates provisions significant to the UK and EU construction industries, including workers’ rights, environmental protection, ending the freedom of movement of people between the EU and the UK, integrated supply chains and the intention of the UK to accede to the World Trade Organization government procurement agreement. This briefing outlines the expansion of the EU and the UK’s joining the EU. The EU’s institutions, sources of law, former supremacy of European Community law and the Brexit process are explained, along with the terms ‘EU customs union and single market’ and ‘free trade agreement’.

Purpose This research examines the potential recovery of own party adjudication costs under the Late Payment of Commercial Debts Regulations 2013.\ud \ud Design/methodology/approach The interaction between The Late Payment of Commercial Debts Regulations 2013 (derived from European Directive 2011/7/EU on combating late payment in commercial transactions) and the Local Democracy, Economic Development and Construction Act 2009 including reference to case law was explored. A qualitative research framework was used to collect primary data through semi-structured interviews with adjudication experienced construction industry professionals.\ud \ud Findings It was discovered that adjudicators are awarding own party costs under the Regulations but there was disagreement on the issues in both the literature and amongst the interviewees. \ud \ud Research limitations/ implications A definitive judgement is awaited from the Technology and Construction Court.\ud \ud Originality/ Value This paper will be of value to construction industry adjudication professionals

The purpose of this paper is to consider the implications of the admission of oral contracts to statutory adjudication proceedings. A major criticism of the Housing Grants, Construction and Regeneration Act 1996 (“HGCRA 1996”) was that Section 107 required contracts to be “in writing” for the parties to be able to use statutory adjudication. In response, the Local Democracy, Economic Development and Construction Act 2009 repealed Section 107 of the HGCRA 1996. This paper considers the implications of the admission of oral contracts to statutory adjudication proceedings, whereby adjudicators’ may now have to determine the exact nature of oral agreements. The critical literature review has highlighted that there is a perceived risk that, by allowing oral contracts to be decided through adjudication, there could be an increased risk of injustice (as the adjudicator may have to decide oral testimony about contract formation). Adjudicators may now have to determine the exact nature of oral agreements. The critical literature review has highlighted that there is a perceived risk that by allowing oral contracts to be decided through adjudication there could be an increased risk of injustice (as the adjudicator may have to decide oral testimony about contract formation)