Caveat loans and private lending

Caveat loans for builders and tradespeople

Quick Answer

Do caveat lenders lend to builders?

Yes. Builders are frequent caveat borrowers, secured on property they or the business owns, with the exit tied to progress payments or sales

Building businesses have lumpy cash flow: suppliers and subcontractors are paid before the client or the client's lender pays the progress claim. Caveat loans bridge those gaps, fund deposits on the next site, or clear an ATO or supplier debt before it becomes a licensing or credit problem. Lenders secure the loan on a property the builder or their company owns, size it on equity, and want the exit tied to specific progress payments, a completion, or a sale.

  • Common uses Progress payment gaps, site deposits, ATO debt
  • Security Builder's own property or company property
  • Exit Progress claims, completion, sale
  • Lender concern Licence status, disputes, insolvency risk

What the lender assesses

Equity in the security property, as with any caveat loan. Then the business: current projects, the progress claims due and when, whether the client's bank is funding the project, any disputes with clients or subcontractors, the builder's licence and insurance status, and any ATO or supplier debt. A builder with three projects funded by bank construction loans and a clear progress schedule is a good caveat borrower. A builder with a client dispute, an unpaid supplier and a licence under review is not, because the exit depends on payments that may not come.

Progress payment bridging

The lender advances against the next one or two progress claims. When the client's bank pays the claim, the builder repays. Terms are short, often one to three months, and lenders will sometimes take an assignment of the progress claim or require it to be paid to a controlled account. This is close to invoice finance secured by property, and it is usually cheaper than unsecured invoice finance for a builder with property equity.

Deposits and ATO debt

Funding a land deposit for a spec build or the next development is a common use, with the exit being the construction loan that settles the land. Clearing an ATO debt is another, because a tax default can trigger a licence review and a director penalty notice. In both cases the lender will want to see the follow-on finance or the payment plan that provides the exit. The tax debt side is covered in detail at gettaxdebthelp.com.au.

The risks

Caveat loans to builders fail when the progress claim is disputed or the client's lender withholds a draw, and the builder cannot repay on time. Default interest then compounds a cash flow problem. Borrow against claims that are certified, not merely invoiced, keep the loan term longer than the expected payment date, and never use a caveat loan to fund an unfunded project.

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