BarbriSFCourseDetails

Course Details

This CLE course will examine issues presented for construction lenders and borrowers in the current economic environment. The panel will discuss critical concerns for lenders when dealing with financially distressed borrowers and projects that have been delayed or disrupted. The panel will also discuss essential provisions for construction loan modifications and steps to take if the loan goes into default.

Faculty

Description

Supply chain disruption, worker shortages, and rising costs due to tariffs can cause construction delays and, in some instances, the shutdown of ongoing projects. The result may increase carrying costs for developers, extend timelines for completion, and require changes in building plans or design. All of these factors have ramifications for the construction loan and the borrower's financial health. Construction lenders must be able to respond to a default scenario or with a loan modification that facilitates the completion of the project and eventual repayment of the loan.

Threshold questions include whether a project has lost value and the ability of contractors, subcontractors, architects, and suppliers to perform under the construction contract. Parties must identify whether insurance coverage is available to cover losses associated with disruptions, the disbursement obligations of the lender under the loan agreement, and the financial condition of the borrower and guarantors.

Construction loan modifications present particular problems for lenders. All interested loan parties, including loan servicers and participants, must consent to changes. Determining the status of the title and any competing liens may also be problematic. State law may require the lender to file a notice of modification to protect its lien priority.

Listen as our authoritative panel discusses construction loan issues resulting from economic disruptions and best practices for working out and modifying distressed loans.

Outline

I. Impact of supply chain issues, shortage of workers, and other outside factors on construction loans and the construction industry

II. Communicating with parties to construction projects and construction loans

III. Pre-workout agreement

IV. Assessing the value of the project

V. Optional vs. obligatory advances

VI. Insurance coverage: property insurance, business interruption, business income

VII. Lender alternatives in the event of default

VIII. Key provisions to include in the loan modification agreement

IX. Specific issues related to construction loans in the current distressed market

Benefits

The panel will review these and other issues:

  • How have current market and economic conditions impacted ongoing construction project plans and timelines?
  • What are the ramifications for borrowers, lenders, and project valuations?
  • What are the lender's and borrower's primary concerns when entering into a construction loan modification?
  • How should the lender proceed if a construction loan goes into default?