“With no funding immediately available to support ongoing trading, we had little choice but to cease all substantive construction activity.”
Matt Byrnes Partner & National Head of Restructuring Advisory, Grant Thornton

Client challenge

Residential Builder collapses are often flush with stakeholder issues but limited in terms of realisable assets. 

"We received and responded to almost 8,000 discrete queries from stakeholders including homeowners, subcontractors, suppliers, financiers, property developers, insurers and state-based industry regulators." – Matt Byrnes

Having one of Australia’s largest residential builders collapse during a national housing crisis ensured the experiences of stakeholders, particularly homeowners, suppliers and subcontractors were closely monitored by the news media. 

The solution

To address stakeholders' queries, the team established a dedicated contact centre and updated the stakeholder FAQs regularly. They also took the initiative to introduce potential replacement builders to PDH customers.

Since no credible offers were received for the purchase of the Group’s business ‘as a whole’, the assets were split into distinct bundles for sale, including building contracts, intellectual property, and real estate properties. 

We knew the Group’s interests in real property would support repayment of the majority of debt owed to the senior lender. The key to securing an outcome for other classes of creditor rested on our ability to monetise the value of WIP and intellectual property developed by the Group.
Said Jahani Chief Executive Officer, Grant Thornton

Fortunately, the Group had a number of townhouse developments and speculative home contracts carrying significant WIP which was able to be sold and novated to other industry participants. The Group’s significant portfolio of building plans and designs was also able to be sold.

Being in the midst of a national housing crisis, it became quickly apparent that some homeowners were desperate to secure occupancy of their near complete homes.   

We identified contracts where Occupancy Permits were within reach and assembled a team to liaise with surveyors, certifiers, and third-party trades and suppliers to undertake the final works necessary to obtain Occupancy Permits for properties. This process also realised a significant portion of final stage claims that may have otherwise been disputed by customers.
Cameron Crichton Partner - Restructuring Advisory, Grant Thornton

The outcome

As a result of the Liquidators' considered actions:

  • The Company’s pre-appointment insurance policy was preserved for the benefit of owners of partially completed homes;
  • Homeowners were provided with the necessary information to ensure they understood and appropriately managed their options for completing their home build  
  • Dozens of homes were delivered to homeowners following the appointment;
  • 400 building contracts were novated to a new home builder;
  • Building designs and plans were made available where required by customers;
  •  Asset realisations will likely support the full repayment of c.$34m senior secured lender and all outstanding employee wage and superannuation entitlements;
  • Employees retained to assist with the winding up process we able to secure new employment in an orderly fashion;

Applying a strategic approach to a challenging situation highlighted how various stakeholders' interests can be safeguarded even in highly distressed scenarios.

Matt Byrnes

Partner - Financial Advisory
National Head of Restructuring Advisory

Matt joined Grant Thornton over 25 years ago and has held a number of leadership roles including National Head of Restructuring Advisory, National Head of the firm’s manufacturing industry group, and forming and leading Grant Thornton’s Asia practice. He is a passionate champion of the firm, its clients and people.