Due Diligence Flashcards
- What are the key areas of risk to funders?
Cost increases
Programme increase
Drop in GDV – market downturn, quality issues
- What is headroom?
The balance between lending and the GDV
- What are security that a lender would typically require?
Charge over the site
Assignment right for CW’s, Insurances, Contract
Co-Insured
Step In rights
Subordination deed
Undertaking from the Borrower’s Solicitors to deal with the distribution of sales proceeds
- What typically makes up a contract?
Contract Amends ER’s Appendix: (CSA, Design, Site Info, Prelims, Warranty, Bond, PCI, TQ, Clarifications) Contractor’s Proposals
- Explain what the ER’s do?
ER’s detail the requirements where the contractor is to complete the design.
- How might you ensure that the ER’s took precedent?
Contract Amendment swapping the prececne of the CP’s to the ER’s
- How do you assess the sufficiency of construction costs?
Using benchmarking data to identify that the costs were in align (ideally over) comparable projects
- Sufficiency and type of risk allowances?
5% minimum construction risk allowance
10%+ on existing buildings traditionally procured
- How would you assess the suitability of a construction programme?
BCIS Contract Sum & type of work & area = Range expected by comparison of similar project
- What are the drawbacks of BCIS (programme review)?
Only guidance as every project is different so no it is challenging to directly compare. BCIS only cost
- How might you advise a lender if a project programme was very short?
If a programme was deemed to be insufficient I would flag this as a risk to a lender as they should consider that the borrower will have to incur higher financing costs and the lender will not be able to retrieve their funds for a longer period of time
- How might you advise a lender if a project programme was very long?
This would be preferred if the programme was deemed to be realistic. It would be worth identifying why the programme was long e.g. facilitating works required prior to commencement
- What is the planning approval process and why does it impact development?
Pre-Commencement – Detailed drawings to be approved
Pre-Occupation – Building regulations sign off
Compliance – Site working hours
- What is building control and why does it impact development?
A Building Control officer must be assigned to inspect the construction of the works to ensure it complies from critical structural and fire safety perspectives?
- Why might building regulations be an issue to the lender?
Failure to comply could result in significant delays if works have to cease or sign off cannot be given to facilitate the funding exit by sale/letting.