FAQs

What is a 278 Agreement?
Section 278 Agreements (or S278 Agreements) are commonly used in the United Kingdom. These agreements are typically between a local highway authority (such as a city, county or borough council) and a developer. These agreements allow a developer to make alterations or improvements to the public highway network as part of a development scheme.

Section 278 Agreements key facts:

Highway Alterations: Promoter may have to make changes to the existing highway network to accommodate a new development. These changes could include the construction of new junction onto an existing road, improvement to an existing junction (junction widening), footpaths, traffic signals, or other modifications to the existing highway infrastructure.

These improvements or alterations to the public highway are always part of a planning application

Approval Process: Before a Promoter can make these changes, they need to obtain approval from the Local Highway Authority (LHA). The Section 278 Agreement is a legal document that sets out the responsibilities of both the developer and the Highway Authority in relation to these modifications.

Funding: The agreement will also outline the financial aspects, such as who will fund the alterations and maintenance of the new infrastructure. In many cases, the developer is responsible for the upfront costs, and there may be mechanisms for cost recovery or reimbursement (Bond).

The bond is released only after the scheme has been adopted by the LHA which will be a minimum of one year after completion.

Legal Framework: Section 278 of the Highways Act 1980 provides the legal basis for these agreements in England and Wales.

Danaher & Walsh Civil Engineering specialise in junction improvement work. We cannot commence work on a junction affecting a public highway, without a signed Section 278 Agreement in place between the promoter and the relevant Local Highway Authority.  These Section 278 Agreements can take up to a year to be agreed, so if you are looking for some work on a junction that makes alterations to the public highway network, we would suggest you contact your highway designer to get a S278 Agreement in place as early as possible in the timeline of your project.

Other things to bear in mind regarding 278 Agreements:-

  • A competent and proficient contractor should be appointed.​
  • New Roads and Street Works Act 1991 (NRSWA) will need to be navigated.  ​
  • The importance of Appointing a competent contactor such as Danaher & Walsh early.
  • Provisional Advance Authorisation – 3 months, non-refundable fee.​
  • Submission of Traffic Management Drawings will be required. ​
  • Section 50 permit- 3 months, non-refundable fee ​(road space booking).
  • Section 50 licence- application, drawings, close out procedure ​ (for when you want to install apparatus within the highway outside a S278 agreement).
  • Section 106 applications, non-refundable fee.​
  • Temporary Traffic Regulation Orders (TTROs); 6 months, non-refundable fee​.
  • Don’t forget service diversion, trial hole & verification.

If you are unsure, please contact us, we can help.

Please get in touch with us if you would like any further information regarding Section 278 Agreements.

 

What is a Section 104 Agreement?
Section 104 refers to a specific provision of the Water Industry Act 1991. Section 104 relates to the adoption of sewers by the water and sewerage companies upon completion of construction or development. Therefore, Section 104 drainage works are associated with the construction of sewers and their subsequent adoption by the appropriate water and sewerage company.

Section 104 Agreements for drainage works key facts:

Sewer Construction: When a new development is being constructed, it often involves the installation of sewers and drainage infrastructure to manage wastewater. (Clean & dirty).

Adoption Process: Section 104 of the Water Industry Act 1991 outlines the procedure for the adoption of these sewers by the local water and sewerage company. Adoption means that the responsibility for maintaining and managing the sewers is transferred from the developer or the Local Authority to the water company.

Approval and Inspection: Before adoption, the water company typically requires the developer to build the sewers to a certain standard and in compliance with specifications set by the company. The company may conduct inspections to ensure that the construction meets the required standards.

Section 104 Agreement: A Section 104 Agreement is a legal agreement between the developer and the water and sewerage company. This agreement sets out the terms and conditions for the construction of the sewers and their subsequent adoption.

Financial Responsibility: The developer is usually responsible for the costs associated with the construction of the sewers. The Section 104 Agreement may outline the financial arrangements, including any bonds or securities provided by the developer to ensure that the works are completed to the required standard.

Design and Construction Standards: The sewers must be designed and constructed to meet the specifications and standards set by the water and sewerage company. This ensures that the infrastructure is fit for purpose and can be effectively maintained over the long term.

Section 104 drainage works and agreements are an important part of the process of integrating new developments into the existing water and sewerage infrastructure, providing for proper management and maintenance of drainage systems. Developers should work closely with the relevant water and sewerage authorities to comply with the requirements outlined in Section 104.  As a civil engineering contractor, we need the Section 104 Agreement to be in place before we can commence work.

You may also need to consider:

Road space booking required, which Danaher & Walsh can do.

Agree Traffic Management with Local Highways Agency, which Danaher & Walsh can do.

Please get in touch with us if you would like any further information regarding Section 104 Agreements.

 

What is a Section 38​
Construction works on private land, which a promoter intends to offer for adoption by the local highway authority from the outset.
What is a Section 37​
A promoter may complete the construction of a road and then offer it to the LHA for adoption.​
What is a Section 184​
For the construction of, or alteration to, any site access or accesses where these are the only highway works required to be executed to enable the development.​
What is a Section 171​
Allowance to temporarily deposit building materials in the street or make temporary excavation (e.g. trial holes).​
What is a Framework Agreement?
In the civil engineering industry, a “Framework Agreement” is a type of contract arrangement between a client (often a government agency, local authority, or large specialist ‘Framework’ organisation) and a contractor or group of contractors. This agreement establishes the terms and conditions for future contracts and projects over a specified period. Rather than negotiating individual contracts for each project, the parties agree on a framework that streamlines the procurement process.

Here are key features and characteristics of a Framework Agreement in the civil engineering industry:

Long-Term Relationship: Framework Agreements are typically long-term arrangements, often covering several years. They establish a strategic relationship between the client and the contractor(s) for a range of potential projects.

Flexibility: The agreement allows for flexibility in the scope and scale of individual projects. Instead of negotiating new contracts for each project, the framework sets out the terms under which specific projects can be initiated.

Pre-Qualification: Contractors usually go through a pre-qualification process before being awarded a place on the framework. This process assesses the contractor’s capabilities, experience, and financial stability.

Call-Off Contracts: Projects within the framework are often awarded through a series of “call-off contracts” or “task orders.” Each call-off contract defines the specific requirements, scope, and budget for a particular project within the overall framework.

Price Mechanism: The framework may include mechanisms for determining prices for services or construction work, such as fixed rates, rates based on schedule of rates, or competitive pricing for each call-off contract.

Efficiency and Cost Savings: Framework Agreements aim to improve efficiency and reduce costs by streamlining the procurement process. This can result in time and resource savings for both the client and the contractors.

Performance Monitoring: The client typically monitors the performance of contractors throughout the framework period. This may include assessments of quality, timeliness, social value and adherence to health and safety standards.

Renewal or Extension: Framework Agreements may include provisions for renewal or extension, allowing for the continuation of the relationship beyond the initial agreed-upon period.

These agreements are common in the civil engineering industry, where there is a need for a steady pipeline of projects and a desire to establish long-term relationships with trusted contractors. Framework Agreements provide a structured and collaborative approach to procurement, benefiting both clients and contractors involved in civil engineering projects.  Danaher & Walsh has been approved by multiple frameworks which make it easier for our clients to work with us.

Please get in touch with us and we can explain how easy it is for you to work with us via a Framework Agreement.

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