HOME – Construction & Property
Construction & Property
The Australian construction sector is highly cyclical and is therefore more susceptible to insolvency during economic downturns.
In the past 12 months we have started to see a number of failures across the construction industry including Built whose parent withdrew from the Australian market. We are likely to see further reductions in capacity as global construction giants focus their balance sheet capacity on more profitable markets with greater margins.
Key Challenges
- Rising crude oil and electricity prices have negatively affected both construction inputs and required energy supplies. As a result, firms that have struggled with rising expenses have collapsed, with flow-on effects hindering many related upstream and downstream industries such as construction suppliers and real estate agents.
- Building construction industries are forecast to continue declining over the short-term. revenue in the building subdivision is forecast to decline sharply over the short-term due to the absence of stimulus from the HomeBuilder subsidy, and despite mortgage interest rates remaining low by historical standards.
- Profitability is forecast to strengthen over the next 5 years, supported by modest improvements in demand from downstream building and infrastructure markets and a return to favourable conditions in many special construction trades.
- Employment and participation are forecast to grow steadily over the next 5 years, although some smaller building firms will likely exit.
- Revenue for the Heavy and Civil Engineering Construction segment is also forecast to strengthen over the next 5 years, due to continued record investment in transport infrastructure projects by State and Federal governments which is also putting pressure on demand and pricing in labour markets.
Our Experience
Speed is imperative in dealing with restructuring and insolvency in the construction sector. Due to the shortage of experienced builders and labour shortages we have seen developers leaning in to support struggling operators.
This means that project by project profitability needs to be determined quickly, and then where funding is required negotiating this with the developer or finding an alternative builder to minimise damages claims.
Olvera has completed a number of restructuring and insolvency assignments across the construction sector over the past 12 months while maintain trading operations on site.
Case Studies
Appointed Receivers and Managers over eight blocks (or stages) of land in the Salt Development.
The appointment was by the Pacific Alliance Group (Hong Kong) who had the top secured debt. Pacific Alliance Group appointed an agent in Australia called in the Winton Group which managed large parts of the Receivership.
The Receivership involved devising realisation strategies or the remaining uncompleted land development stages. As the receiver, we successfully engaged consultants to assist us to amend the construction certificates for the development stages and to develop and subdivide the remaining development stages. The subdivision was successfully remarketed and resulted in a very impressive realisation value of the land stock. In addition, we were able to successfully apply the GST margin scheme resulting in an increased return to the secured creditor.
OUR CLIENT
JOB TYPE
Strategy Execution
DATE
September 2021
Practitioner
Mirzan Mansoor, Max Sinclair, Kate Bernet, Damien Hodgkinson
Tom Hedley sold his Hedley Hotel Group to Coles Myer in 2006 for $328 million.
The Queensland portfolio counted 35 hotels, 102 retail liquor outlets, and sites for a further 17 botteshops, significantly boosting Coles’ expansion.
Tom Hedley went on to form Hedley Leisure and Gaming later renamed Redcape Property Group (RPG), and operational entity Hedz, which worked 12 of Redcape’s assets.
Hedley Construction was a group of development entities based out of Cairns which designed and built low rise residential accommodation. It also held a controlling state in Redcape Hotel Group which owned.
Olvera principals worked with the company owner Tom Hedley on a restructure of his entire group and its facilities with ANZ Banking Group.
OUR CLIENT
JOB TYPE
Strategy Execution
DATE
September 2021
Practitioner
Mirzan Mansoor, Max Sinclair, Kate Bernet, Damien Hodgkinson
Olvera Advisors were engaged by a hedge fund out of Hong Kong to assist with the realisation of a significant commercial loan that was in default.
Wija leased vacant land site in Chatswood that had a 99-year term. The Development Application on the land stipulated that it was to construct a 10 storey mixed residential/commercial complex within a specified timeframe.
Unfortunately, Wija did not commence the project within the time frame and consequently a breach notice was issued by the respective local Council which gave the secured creditor 6 months to rectify. Before the notice period expired, Olvera Advisors were Appointed as receivers. As receivers, we disputed the right to terminate the lease. In particular, we consider that the lessor was not allowed to terminate without giving the secured creditor 6 months to rectify the breach. To rectify the issues, we commenced proceedings seeking from the court for relief against Forfeiture and the leaseback and damages.
After nearly 12 months of legal proceedings, both sides are irresolute in the stance. All offers made by PAT to settle (including significant compensation) are rejected by the lessor.
Receivers receive an unsolicited offer from an interested party offering to purchase the property for a significant sum with the intention of building out the existing DA.
Olvera Advisors as receivers then entered into put and call option with the interested party and were able to resolve litigation at the mediation and sell the lease and generating a significant return to the secured creditor.
OUR CLIENT
JOB TYPE
Strategy Execution
DATE
September 2021
Practitioner
Mirzan Mansoor, Max Sinclair, Kate Bernet, Damien Hodgkinson
Kate Barnet
Kate develops strategic solutions for groups dealing in crisis management and/or distress investment. He has over 30 years of experience working with distressed companies in the financial assessment, recoverability, and sustainability of risk assets.
MEET OUR TEAM
Olvera Advisors
PRINCIPAL
Kate Barnet is a recognised leader in the insolvency and reconstruction industry.
PRINCIPAL
PRINCIPAL
Mirzan has in excess of 13 years of experience across restructuring and turnaround, corporate finance, mergers and acquisitions and corporate banking in Australia and in Singapore
PRINCIPAL
Michael offers Olvera Advisors over two decades of international restructuring expertise, adept at innovatively supporting diverse businesses, from small firms to listed companies.
PRINCIPAL
Tony contributes 15 years of insolvency experience to Olvera Advisors, with diverse industry expertise and a unique background in ASIC’s Enforcement Division.
PRINCIPAL
Neil Cussen, a leading authority in insolvency and reconstruction, offers 35 years of experience, excelling in asset tracing, business recovery, and cross-border insolvencies.
PRINCIPAL
Robyn’s inclusion in the Olvera team brings an added 15 years of expertise in corporate reconstruction, insolvency, and forensics.