The Post

Mansion above the bay

- Julie Iles julie.iles@stuff.co.nz Business

A massive mansion atop a hill in a Lower Hutt seaside suburb built for the managing director of failed Ebert Constructi­on may be the last project the company ever completes.

Kelvin Hale, managing director of the constructi­on company now in liquidatio­n, has been keeping a low profile but has continued to beautify his home since the company’s collapse.

A winding driveway leads to the massive secluded three-storey house on a bush-clad hillside, with a six-car garage and walls of glass overlookin­g Wellington Harbour.

Constructi­on began in 2015, and earthworks along the property’s driveway were continuing this week. A digger can be seen near an area where resource consent was granted for the previous owners to build a swimming pool.

Ebert Constructi­on was contracted to work on the home by Hale’s family trust.

The property had a combined rateable value of $5.9 million in September 2016 but a billboard put up by family of a subcontrac­tor owed $700,000 by Ebert Constructi­on alleged the property was worth $10m.

The company’s first liquidatio­n report found the company was involved in 15 projects at the time of its collapse, and owed creditors more than $45m.

Subcontrac­tors were owed $33.84m, including $9.3m in retentions – money that is held back from subcontrac­tors to guarantee any below-par work is remedied.

Absent from those mentioned was the contract for Hale’s home in Lowry Bay, which he is understood to have moved into within weeks of the company’s collapse.

Ebert Constructi­on’s invoices for the property were paid in full, according to the lawyer for the family trust.

Hale changed his address with the Company’s Office to the Lowry Bay address a few days after the company was tipped into receiversh­ip.

When approached by Stuff this week, Hale refused to comment.

Commercial lawyer Geoff Hardy, who specialise­s in constructi­on company liquidatio­ns, said under changes to the Constructi­on Contracts Act, constructi­on companies were required to hold retentions in trust for subcontrac­tors.

This makes it so receivers and liquidator­s cannot use those funds to pay secured creditors such as Hale, who lent the company $3.5m before its collapse.

For some of Ebert’s subcontrac­tors, the law change came too late, and because they signed contracts with the company before March 31 last year, the company was not legally required to hold their retentions in trust.

 ?? KEVIN STENT/STUFF ?? Kelvin Hale has been keeping a low profile.
KEVIN STENT/STUFF Kelvin Hale has been keeping a low profile.
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