Builder insolvency

Protection for developers

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IPEX

Prevent your funds from being used to cashflow other developers projects

Insolvency risk has led to ever-increasing scrutiny on builder finances but no matter how thorough your due diligence process, it can’t predict the terms or financial impact of any new contracts your builder may sign during your build.

No developer appoints a builder believing they’re at risk of going under but their financial position can change quickly – many have been impacted despite long standing relationships, great track records and extensive due diligence.

IPEX helps developers to ‘test’ financial due diligence indications to reduce the risk of appointing a builder that is already in financial distress and, provides ‘ongoing’ protection should their builder run into trouble after they’ve signed the contract.

Project protection

You can't insure against builder insolvency but you can still protect your project

IPEX is an online payment platform that integrates with a project trust account to ‘ring-fence’ project funds and limit what a builder can do with progress payments.

Given the recent wave of insolvencies, IPEX is working with developers and lenders to augment existing due diligence processes and protect funds against any potential cash flow issues their builder may encounter during their build.

Transparency

Developers/lenders can verify who has been paid, when and how much* (including the percentage of contract value paid) before releasing further funds.

Security

IPEX ensures that developer/lender funds can be used only to pay approved subcontractors and suppliers linked to that specific project.

How does IPEX help developers & lenders

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Due diligence in its current form requires the developer/lender to satisfy themselves of a builders’ ability to meet existing contractual obligations. If the information they are basing this decision on is out of date, incomplete or fraudulent, they bear the consequences.

IPEX shifts the onus for any due diligence ‘gaps’ onto the builder; those willing to accept the condition of ‘ring-fenced’ funds are essentially ‘proving’ their financial status; those that have misrepresented their true position will fight IPEX inclusion and likely withdraw.

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IPEX adds practical controls that prevent a builder from using progress payments to cash flow another project, even if they’re in extreme financial distress. Builders can access payment for their preliminaries, margin and any direct costs, but funds equal to the value of works performed by subcontractors are set aside and off limits.

IPEX also allows developers to confirm every subcontractor and supplier payment. If your builder submits a ‘stat dec’ claiming to have paid someone they haven’t, you can identify it immediately and take action before approving the next claim. In the case of more serious/repeated breaches, you’ll have the information you need to act before your builder enters administration.

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Should a ‘payment default’ event occur before completion of an IPEX protected project, the impact to developers and lenders is minimised as:

  • Any payment made to the builder via IPEX has either been distributed to approved parties or remains in the account
  • The developer can replace the builder as trustee of the project funds, gaining full visibility of all previous transactions and the ability to make payments directly to subcontractors/suppliers, minimising delays to practical completion

$1B+ in funds protected and counting

IPEX project applications

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