The agreement contains a set of clauses, including the duration of road construction, responsibility for road maintenance and repair prior to acceptance, payment of district council fees and charges by the developer, possible land transfer agreements and what happens if things go wrong. If the developer does not advance the work satisfactorily in accordance with the agreement, the motorway authority will always first try to resolve the problem through negotiation. If this fails, the motorway authority will have the option to apply for the deposit to pay for the completed motorway works. However, after Redrow, we can see an increased use of the alternative adoption method by developers, defined in section 37 the Highways Act 1980. The section 37 procedure requires that a developer be able to consult the highway authority on notice that they “wish the highway to be maintained at public expense.” It is critical that Section 37 does not provide for the motorway authority to ask the promoter for possible contributions to the maintenance of commuters. The adoption of Section 37 allows the developer to build the road and complete the development without the need for a formal road agreement with the motorway authority. Provided that the road is considered sufficiently useful to the public to justify its maintenance at public expense and that it has been built according to acceptable specifications, the motorway authority would accept the dedication message proposed by the developer and after a maintenance period of 12 months, the road would become accessible at public expense. Home / Knowledge Base / The true cost of Section 38 agreements Some other roads may not comply with the local authority`s Road Acceptance Directive, for example, they are in poor condition. Redrow argued that such a provision could not be legally incorporated into a Section 38 agreement. . .