Photo: Probuild

The warnings about failing builders keep coming. This time itโ€™s from a buyersโ€™ agents outfit with the catchy name of ByersByers, which says spiking prices for both materials and labour may well see some higher density projects fail their completion deadlines.

According to co-founder Pete Wargent who says his group is a โ€œnational marketplaceโ€ for this relatively new subset of the residential agency industry, there are currently 100,000 detached homes under construction nationwide, โ€œlargely thanks to the governmentโ€™s stimulus packagesโ€. So โ€œstill a huge pipeline of residential work due to be completedโ€. 

Wargent looks at the builders that have already struck trouble โ€“ Probuild placed in administration, Condev and Privium have headed to liquidation, while in Perth New Sensation Homes and Home Innovation builders โ€œare among the latest casualties within the past weekโ€. 

He says that with construction costs continuing to increase in 2022 and higher interest rates on the way, โ€œthere is little respite in prospect for a beleaguered sectorโ€.

Legal firm Sparke Hellmore last month noted that Probuildโ€™s South African parent company โ€œtook a total of 18 building businesses in Australia down with itโ€ with around 750 employees and thousands of contractors impacted.

Among the challenges faced by ConDev, the legal firmโ€™s partner Suzy Cairney said, were financial forecasts that had to factor in steel price rises by โ€œas much as 80 per centโ€ in the past 18 months. Thatโ€™s before the impact of rain โ€“ 60 week days โ€“ in recent times and the floods.

Then there are the contractual difficulties, Cairney said.

โ€œLike most insolvencies, Probuildโ€™s collapse is also due to multiple factors. 

โ€œAs if tiny margins, COVID shortages and skyrocketing materials prices were not enough, Probuildโ€™s parent company also cited the contractual environment in Australia and the increased difficulty in raising guarantee facilities necessary to secure new work.

โ€œSome commentators are saying Australiaโ€™s construction sector has become increasingly high risk amid a โ€œhard-lineโ€ approach to tackling COVID-19, and that the potential risk on mega-building projects outweighs the current margins available.  

โ€œIn what has become a race to the bottom, over the past decade the Australian construction industry has moved to a high revenue low margin model, leading to a culture of under-pricing already low margin work to keep revenues up. Coupled with widespread under-capitalisation the industry is facing a structural failure, which has many players on the edge of insolvency.โ€  

Thereโ€™s no point winning a project on the lowest possible price, she says โ€“ itโ€™s not exactly value for money.

โ€œIf thatโ€™s what overseas infrastructure companies see, who is going to invest in Australian infrastructure?โ€

Cairney says there are ways to avoid insolvency or minimise the impact when it happens. 

In the worst case scenario, she advises, principles that it might be more cost-effective to explore ways to address a financial problem rather than โ€œlet the contractor go underโ€.

And of course, if that fails, itโ€™s probably a good time to make sure youโ€™ve got a good legal contract in place.

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