The Press

Retention bond an option for builders

- CATHERINE HARRIS

Subcontrac­tors were thought to have lost at least $18 million.

A late change to the new rules governing retention payments could save the constructi­on sector as much as $20 million per year in finance costs.

CBL Insurance, a specialist insurer in credit and financial risk, said changes to the Constructi­on Contracts Amendment Act will also increase certainty for businesses in the sector.

The act was drawn up after the collapse of Mainzeal Property and Constructi­on in 2013, to ensure lead contractor­s kept money owed to smaller companies in trust.

‘‘Retentions’’ are generally about 5 per cent to 10 per cent of the subcontrac­tor’s pay which is kept back to ensure any problems are t fixed.

The new law initially required all retentions to be held in trust for projects started after April 1.

Dean Finlay, CBL’s director of internatio­nal business, said for lead contractor­s, that practicall­y meant they either had to get a bank guarantee or set up a trust with enough cash collateral or liquid assets to cover the debt.

A late revision to the act gives constructi­on firms a third option – a retention ‘‘bond’’ taken out by the lead contractor­s with an insurer.

If things went wrong, the subcontrac­tor could call on the insurer to pay the bond and the insurer would seek recovery from the principal contractor, Finlay said.

The beauty of a bond was that it freed up cashflow for lead contractor­s because they did not have to ring-fence enough assets to cover their debt, a move which the Government estimated could save the sector up to $20m.

‘‘There’s no doubt those costs would have resulted in lower margins for builders and developers, potentiall­y making some projects unviable, and higher costs for purchasers,’’ Finlay said.

Subbies had also been holding too much risk. ‘‘Often, a subcontrac­tor’s entire profit margin is tied up in retentions.’’

Retentions became a major issue when Mainzeal failed, leaving unsecured creditor debts of at least $112m. Subcontrac­tors were thought to have lost at least $18m.

The rule change will also extend to architects, engineers and quantity surveyors.

 ?? PHOTO: CHRIS HUTCHING/FAIRFAX NZ ?? Definite Infinite Boutique’s new premises in central Christhurc­h.
PHOTO: CHRIS HUTCHING/FAIRFAX NZ Definite Infinite Boutique’s new premises in central Christhurc­h.
 ?? PHOTO: FAIRFAX NZ ?? The 2013 collapse of Mainzeal prompted a law change to protect smaller contractor­s.
PHOTO: FAIRFAX NZ The 2013 collapse of Mainzeal prompted a law change to protect smaller contractor­s.

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