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Lahey Constructions

Background

Lahey Constructions was established in 1946 as a commercial builder, delivering club, community and institutional projects in regional New South Wales. It traded through one of the most difficult periods on record for Australian construction, fixed-price contracts struck before the inflationary surge, subcontractor cost escalation, labour shortages and programme delays compressed margins sector-wide, with construction insolvencies reaching a decade high in 2024.

Works ceased on several sites in early 2024 and on 1 July 2024 Voluntary Administrators were appointed. Olvera Advisors was engaged as deed advocate, working alongside the directors to construct, document and advance a restructuring proposal that sought to settle outstanding construction and defect claims relating to the wind down and novation of projects.

The Deed Proposal

A deed proposal was formulated and submitted to the Administrators on 25 July 2024, ahead of the administrators’ report to creditors. The structure comprised a $400,000 contribution payable on execution, the release of retention funds and settlement through a Creditors’ Trust. The distribution mechanism differentiated between creditors owed more than $500,000 who would receive a single $5,000 payment and creditors, with creditors owed less than $500,000 receiving the balance of the fund on a pari passu. Related parties who were the major creditor were excluded from participation.

Negotiation and Creditor Approval

The administrator tested the proposal seeking confirmation of the drafting protocols and the need for the Creditors’ Trust which would impair the company’s ability to pursue its debtors once control reverted to the directors, but which would preserve building licenses. Olvera worked through each issue with the Administrators, creditors and solicitors to preserve support.

Execution and Implementation

Creditors resolved in favour of the deed which was completed in August 2024, with the deed fund transferred to Creditors’ Trust. The deed was completed and funds distributed in November 2024 preserving the building license and managing the trailing defect claims.

Speak to the Olvera Expert

Picture of Damien Hodgkinson

Damien Hodgkinson

Principal
Damien develops strategic solutions for groups dealing in crisis management and/or distress investment.

Our Client

Lahey Construction

Job Type

Deed Advocate & Restructuring Advisor

Industry

Construction & Property

Year

2024

Practitioner

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