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The purpose of the project was to investigate environmental law issues surrounding the regeneration of brownfield land.

Following a literature review, an inductive approach and an interpretivist epistemology with a phenomenological focus were chosen. A constructionist ontological stance was adopted. A qualitative paradigm was selected to explore the issues in a focus group comprising industry, legal expert and academic contributors.

A critique of the literature on relevant environmental law issues including contaminated land, waste management, water pollution, environmental impact assessment (EIA) issues and finally the political agenda is presented. Contaminated land, waste management, regulators and legislation were discussed in the focus group. The participants contributed their experiences and proposed several changes to environmental law. However, water pollution and EIAs were not considered by the contributors.

Developers face many environmental law challenges when endeavouring to progress housing on brownfield sites including contaminated land, funding, waste treatment permits, water pollution and EIAs. The benefits of the remediation of brownfield sites for housing seem to be a political priority, but reform of challenging environmental law issues less so. Understandably, the legal complexities of Brexit will take precedence.

The literature review identified the need to research the experience of brownfield environmental law challenges and recommended changes to environmental law from industry, legal experts and academia.

The purpose of this paper is to assess the views and experiences of mediators from different professional backgrounds practising in the construction industry. Previous research shows that the legal profession dominates construction mediation in both England and Wales.

The phenomenological approach was used to capture the lived experiences of the interviewees and gain insight into their views and practices. The data collection was by semi-structured interviews. The data was then analysed using software to establish themes.

The major difference in mediator practice discovered between the two groups is the use of the evaluative style by lawyer and facilitative style by non-lawyer mediators. Non-lawyer mediators strongly reported their criticisms of the evaluative style in mediation suggesting that it undermines the parties’ ability to self-determine their own dispute and reduces the level of satisfaction experienced by the parties in the process of mediation. Lawyer mediators supported the use of the evaluative style as an acceptable compromise on the parties’ self-determination and feelings of satisfaction in pursuit of achieving the goal of a settlement in mediation, which was significantly better than the escalation of stress and costs to the parties in the event that the dispute escalates to litigation. In addition, mandatory mediation, the role of advisors/advocates, governance and the future of mediation were explored.

The research is anticipated to be of particular benefit to parties considering referring a construction dispute to mediation.

The purpose of this study is to gain insight into procurement routes and forms of contract used for volumetric offsite manufacturing (VOSM) in the housing sector of the UK West Midlands. Seminal literature and government reports have established the potential of offsite technologies to improve the supply of quality housing in the UK. However, the lack of a structured procurement route, common to manufacturing approaches in construction, has significantly contributed to delays in large scale adoption.

To achieve the research intention, an exploratory study was undertaken. A literature review of seminal literature and government papers was conducted to establish and benchmark current trends in context. Data was collected using focus groups and interviews with a housing association and housing VOSMs. Grounded theory was used to analyse data and inductively generate themes leading to an original procurement model. The issues identified in the delivery of volumetric housing were categorised into three themes.

The findings suggest a limited familiarity with offsite manufacturing (OSM) by housing providers. Albeit, a willingness to adopt these technologies to deliver housing were demonstrated by trial attempts. However, due to limited knowledge, the approach to procurement is by adapting existing procurement models, which are not ideal and obstruct the potential benefits of using offsite technologies primarily because of the significant difference in processes. Also, geographical location influenced procurement decisions when comparing cost with conventional procurement and the dearth of specific government incentives to deliver housing using offsite technologies. This study proposes a procurement model for VOSM.

The results have implications for decisions about procurement routes and contractual terms used by housing providers delivering volumetric offsite manufactured housing at scale. Although this study focussed on the West Midlands region, most of the issues identified were not geographically unique.

This study contributes to the existing body of knowledge on potential barriers to the adoption of OSM in the housing sector of the UK. The findings will be of value to stakeholders involved in delivering housing and offers a useful contextual basis for future research.

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).

The questionnaire responses of 38 construction industry professionals were analysed by identifying facts and salient themes. The research aims to identify to what extent the changes have widened the scope for entering into adjudication proceedings and whether there is an increased risk of injustice due to the short timescales involved.

There was significant agreement that parties to an oral agreement have an increased risk of injustice through wrong interpretation of the terms and significant disagreement that allowing oral contracts to be referred to adjudication will encourage the use of oral agreements. In addition, construction industry professionals were interviewed in the Midlands, UK, to obtain their opinions, views and perceptions of the admission of oral contracts to statutory adjudication.

The research is anticipated to be of particular benefit to parties considering referring an oral contract to adjudication.

This paper aims to examine the potential recovery of own party adjudication costs under the Late Payment of Commercial Debts Regulations 2013. The investigation directly applies to England and Wales, but may be relevant to other jurisdictions.

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 et al. 2009 including reference to case law was explored. A qualitative research framework was used to collect primary data through semi-structured interviews with experienced construction industry adjudication professionals.

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.

A definitive judgment is awaited from the Technology and Construction Court.

This paper will be of value to construction industry adjudication professionals.

Lack of appropriate student support and drawbacks in academic progression signify the importance of enhancing assessment and feedback in higher education (HE). Although assessment and feedback are significant in HE, minimal empirical research holistically explores the best practices. This study aims to address the niche and develop a decisive guideline for enhancing assessment setting and feedback provision within HE curricula.

A systematic approach was taken to obtain data for the study: a literature review underpinning the thematic content analysis of study documents, followed by semi-structured interviews. Document analysis contained mid-module reviews/student feedback; rubrics used in assessment; and formative/summative feedback provided for the graded work. Documental analysis informed the key attributes of the semi-structured interview. Interpretive structural modelling (ISM) analysis identified the influence and reliance of each driver.

This study revealed 15 drivers – 4 fundamental, 6 significant and 5 important – for enhancing assessment and feedback. The level partitioning from the ISM analysis established that all assessment and feedback needs to be underpinned by the university policy and fed into the assessment regime and marking scheme. This study identified that National Student Survey results were significantly improved due to implementing said drivers compared with the national and sector benchmarks.

The developed drivers enable the best practices in assessment setting and feedback provision. The level partition diagram can be used as a decisive guideline or a provisional framework in assessment and feedback provision for quality assurance in HE.

This study is one of, if not the only, to develop a guideline for signposting drivers and their influence and reliance to enhance assessment and feedback in a holistic HE setting. The developed drivers and the level partition diagram bring novelty and add to the current body of knowledge.