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FPS Commercial Committee Minutes (8 April 2026) - KEY UPDATES AND PROGRESS

The Federation of Piling Specialists (FPS) Commercial Committee met virtually on 8 April 2026, with Stephen Edmondson and Tom Allen chairing the meeting. Member companies reviewed progress across a wide range of commercial and strategic issues, including the FPS digital database, competence and audit recognition, contractual risk, Building Safety Act implications, market conditions and communications priorities.

Key Updates and Actions:

Digital Project Database and Ground Data for Growth – The FPS Digital Database is now live and attracting increasing engagement, with more than ten contractor contributors already submitting project data. Some issues have arisen around inconsistent coordinate formats, particularly where companies operate across the UK, Ireland and Northern Ireland, and 1Spatial is developing validation tools to reduce manual checking.

Database Promotion and Industry Outreach – The committee agreed that the database will need sustained promotion if it is to gain real traction beyond FPS membership. Suggested activity includes webinars, short videos, presentations to professional bodies and more regular communication with consultants, clients and government stakeholders. The wider aim is to influence procurement behaviour and strengthen the FPS position as a leading voice on geotechnical competence, risk reduction and better use of industry data.

GI Data Reliance and Contractual Risk – The committee discussed the continuing problem of contractual clauses that provide ground investigation data to contractors while simultaneously preventing reliance on that information. The committee considered this approach to be at odds with the Building Safety Act’s emphasis on competent, evidence-based design and delivery. It was agreed that FPS should publish a formal position statement on data reliance and contractual risk, while also helping to educate cost consultants and procurement teams who often undervalue GI data or misunderstand its proper purpose within project scoping and risk allocation. A draft FPS position statement is now to be prepared.

FPS Audit, Competence and External Recognition – The FPS Audit was discussed as a potentially valuable mechanism for evidencing organisational competence under the Building Safety Act. The committee supported exploring external recognition, through routes such as Build UK or the Building Safety Regulator, as a way of strengthening the market position of FPS members and potentially moving towards a recognised competence benchmark for higher-risk projects.

A draft FPS competence and audit position paper is to be prepared, while the wider committee continues to explore options for external recognition.

EFFC Update –  The committees heard that the transition to new leadership within the EFFC is continuing, although progress has been slowed by banking and administrative delays in the Netherlands. The committee agreed that more consistent information flow is needed and that follow-up should continue to re-establish momentum and reporting clarity.

Market Conditions and Order Statistics – Order data was reviewed, although members noted that the figures remain incomplete because not all submissions have been received. Initial optimism for 2026 has softened, with members pointing to wider global instability and the effect of international tensions on investment decisions. Some London projects were reported to have lost funding or seen investment redirected overseas. While activity in housing remains visible in certain regions, margins are under pressure and competition remains intense. Infrastructure opportunities, particularly in hospitals and water, are progressing but at a slower pace than many had hoped.

Build UK and Competence Benchmarking – Build UK continues to promote the Common Assessment Standard and is exploring how it might align with Building Safety Act requirements. However, the committee noted that CAS is not yet a full competence validation system. The committee felt that FPS is well placed to shape this space, particularly if the FPS Audit can be positioned as a more appropriate competence benchmark for high-risk geotechnical operations.

Building Safety Regulator and Pile Position Changes – A recent project dispute has prompted the Building Safety Regulator to step back from the more pragmatic approach previously taken to pile position movement. The committee warned that this could lead to six-week delays and increased liquidated damages exposure where pile changes are judged to be major. The committee reaffirmed the importance of clearly documenting change control within Gateway 2 submissions and notifying the regulator proactively where changes arise. The idea of designing in redundant piles as a practical mitigation was also discussed, although this is not yet widely adopted by clients. Further information on the case is being sought.

Super Sectors Project and Individual Competence – The committee reviewed progress on competence frameworks being developed through the Super Sectors project. Geotechnical engineering competence is being led by IStructE, with ROGEP likely to become a core route for validation. The committee also recognised that individual companies will need their own internal frameworks for assessing staff competence in order to satisfy Building Safety Act obligations. FPS intends to stay closely involved in this work and help guide members as expectations continue to evolve.

Retentions and Fair Certification – The Government’s proposal to outlaw retentions was welcomed in principle, but members raised concerns that some clients could respond by under-certifying work as another way of delaying payment. In light of this, previous FPS work on fair certification is to be revisited so that members are better protected against alternative forms of payment abuse.

Collateral Warranty Update – Feedback on the draft FPS collateral warranty has now been reviewed. Only minor amendments are required, mainly around insurance wording, before the document can be finalised and published on the FPS website.

Communications Strategy – The committee discussed the need for a more streamlined, campaign-led communications approach that consistently reinforces FPS value to clients, consultants and regulators. Ideas included more regular LinkedIn activity, shorter technical content, stronger sector-focused messaging and possible future development of an FPS web app or digital magazine. A communications brief is now to be circulated to the executive.

Working Platforms – The committee noted that the updated working platform certificate has now been launched and supported by a well-attended webinar. Early uptake has been encouraging, and further promotion will continue through both FPS and EFFC channels.

JCT Contract Form Engagement – FPS has been invited to contribute to the redrafting of JCT contract forms.