Builder insovency

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IPEX

Protect your clients against the impact of builder insolvency

Although typically a developer-led decision, project managers are increasingly driving the implementation of IPEX to reduce the risk & impact of builder insolvency for their clients.

Whilst the primary motivation for these PM’s is to reduce client exposure, there is also a desire to avoid the significant reputational hit that comes with recommending the wrong builder.

IPEX helps to ‘test’ financial due diligence outcomes to reduce the risk of appointing a builder that is already in financial distress and, provides ‘ongoing’ protection should the 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 Australian online payment platform that secures funds intended for a project, protecting Developers and Sub-Contractors in the event of Builder insolvency.

IPEX software integrates with a dedicated construction project bank account to ensure that progress payments are used only to pay approved Sub-Contractors & Suppliers linked to that specific project. IPEX provides Developers with visibility over who has been paid & when, without sharing a Builders’ commercially sensitive information.

Whilst IPEX protects Developer & Sub-Contractor payments, it also helps financially secure Builders to validate their money management practices, differentiating their bid from competitors in the process.

Security

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

Transparency

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

How does IPEX help developers & lenders

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DD 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 If the information they are basing this decision on is out of date, incomplete or fraudulent, they bear the consequences.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 DD ‘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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