Back to Case Studies
CommercialRecoveredSydney, AU

Commercial Tower — CBD

Structure trade insolvency at month 14. Step-in clause exercised, replacement subcontractor in place within 6 weeks, schedule recovered by re-sequencing fit-out.

Value
$240M
Duration
32 months
Outcome
Recovered
Signals
  • Sub financial stress flagged at month 12
  • Step-in clause in contract
Lessons
  • Pre-qualification financial check has to be more than once-off
  • Step-in clauses are useless if the team has not rehearsed them
  • Re-sequencing buys more time than acceleration

Project context

A 38-storey premium commercial tower in the Sydney CBD, 62,000 m² of A-grade office space above a four-level retail and lobby podium and six basement levels. Contract was a guaranteed maximum price design-and-construct with a Tier-1 Australian main contractor. Programme at award was 32 months. Total contract value AUD 348 million (approximately USD 240 million). The project had a strong start: the substructure was completed two weeks ahead of programme, the superstructure jump-form was running at a steady four-day cycle, and the facade procurement was on track for the first install at level 8 in month 14. At month 14, the structural subcontractor — a long-standing regional firm with three other towers in their order book — went into voluntary administration.

The financial stress signals that were visible at month 12

Looking back at the project from after the recovery, two financial-stress signals were visible at month 12 and were not acted on. The structural sub had requested an unusual change to the payment schedule, asking for fortnightly rather than monthly payment certificates, and had started raising RFIs on variations for items that had been clearly in their original scope. Neither was alarming in isolation. Together they were a classic pattern of cash-flow pressure inside a subcontractor. The main contractor's commercial team noted both signals but did not escalate them to the project director, partly because the sub's site performance remained good and partly because the pre-qualification financial check had been done once at award and not repeated. The lesson is that financial pre-qualification has to be re-run quarterly on critical-path subs of this size, with explicit triggers — request for accelerated payment, unusual variation behaviour, key-staff departures — that prompt an immediate financial re-check.

The step-in: rehearsed or improvised

The subcontract included a standard step-in clause allowing the main contractor to take over the subcontract works in the event of insolvency, recover unpaid amounts from the bond, and complete the works directly or through a replacement sub. The clause had been in every subcontract on the project but had never been rehearsed. When the administration notice arrived on a Friday afternoon, the project team spent the weekend working out what the clause actually required: which trades transferred, which equipment transferred, what the bond claim process was, how the half-built works would be valued for handover. The replacement sub was on site within six weeks, which is fast by industry standards but would have been three weeks if the step-in process had been rehearsed before it was needed. On the next tower the same contractor built, a step-in rehearsal was added to the kick-off process for every critical-path subcontract — a half-day tabletop exercise that costs approximately AUD 12,000 and saves three weeks of decision time when it matters.

Re-sequencing rather than acceleration

The 14-week structural delay caused by the insolvency could have been addressed by accelerating the replacement sub through premium time, weekend shifts and additional resources. The estimated cost of acceleration to recover the full 14 weeks was AUD 6.8 million. Instead, the project director chose re-sequencing: the fit-out trail was re-planned to start earlier in the lower floors, the facade install was decoupled from structure completion through a temporary working platform, and the MEP rough-in started in the basement levels in parallel with structure recovery in the upper floors. The cost of the re-sequence was AUD 1.9 million in temporary works, additional supervision and minor re-design. The schedule recovery was 11 weeks against the 14-week delay, with the remaining three weeks absorbed by float in the commissioning sequence. Re-sequencing recovered four-fifths of the delay at less than one-third of the cost of acceleration. The lesson is that re-sequencing is almost always cheaper than acceleration and almost always under-considered because it is harder to plan.

The bond claim and the commercial close-out

The performance bond on the structural subcontract was AUD 4.2 million. The claim against the bond covered the additional cost of the replacement sub above the unpaid amounts owed to the original sub, the cost of the re-sequence, and a portion of the prelims for the recovery period. The bond was paid in full within five months of the claim being lodged. The total commercial impact of the insolvency on the main contractor's margin was approximately AUD 1.1 million — significant but absorbed within the GMP contingency. The project completed three weeks late against the contractual date, within the 30-day grace period, with no LDs applied.

What this project says about subcontractor risk on towers

Tier-2 structural subcontractors on premium commercial towers carry real insolvency risk, particularly in markets where margins have been compressed by competitive tendering. The protections that work are: quarterly financial re-qualification of critical-path subs with explicit trigger events, performance bonds sized to the actual cost of step-in not just the contract value, and a rehearsed step-in process that the team has walked through before they need it. When the insolvency happens, re-sequencing is almost always the better recovery option than acceleration, even though acceleration is the more obvious one. The cost of carrying these protections is small. The cost of not carrying them is the entire project margin.