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Retention vs bank guarantee calculator
Compare the cost of cash retention against a bank guarantee over the life of a contract (working capital tied up versus annual facility fees), and see the release dates for both moieties.
The NSW inquiry into construction insolvency found head contractors using subcontractor retention to pay off previous projects, fund overheads, invest elsewhere and make discretionary purchases. In one collapse the liquidator found more than $7 million of subcontractor retention had gone into working capital, leaving no cash at bank.
The recovery rate when that happens is close to nothing, one witness to the inquiry put it at about three cents in the dollar. Retention frequently represents the subcontractor's entire margin, which is why the Murray Review recommended all cash retention be held on trust down the chain.
There is a pricing consequence too. Quantity surveyors told the inquiry that subcontractors who expect to see only 95% of what they invoice price accordingly, so retention that is routinely withheld gets built back into tenders. The head contractor pays for it either way.
How construction retention normally works
The conventional Australian arrangement is that the principal withholds ten per cent from each progress claim until the total withheld reaches five per cent of the contract sum, at which point deductions stop.
That five per cent is then released in two moieties. The first half is typically released at practical completion. The second half is released at the end of the defects liability period, which is ordinarily somewhere between six and twelve months afterwards depending on the contract.
The consequence is that half your retention is out of the business for the whole defects period, on top of the construction period. On a long job with a twelve-month defects liability period, money withheld from the first claim can be held for two years or more.
Why a bank guarantee is often cheaper than it looks
A bank guarantee substitutes an unconditional undertaking from your bank for the cash. The principal gets the same security, and you keep the money.
The cost is an annual fee on the face value, plus the impact on your facility. The guarantee consumes limit that could otherwise support working capital, and the bank will usually want security behind it.
Whether that beats cash retention depends on what the cash is worth to you. If retention money would otherwise be funding work in progress, the comparison is against your actual cost of funds, not against zero. Businesses that are growing and cash-constrained frequently find the guarantee is cheaper on any honest accounting, and those with cash sitting idle often find it is not.
Why this calculator asks for your fee rate
Bank guarantee fee rates are negotiated. They depend on your bank, your facility, your security, your trading history and your size, and the range across small and mid-sized builders is wide enough that any published figure would be misleading for most of the people reading it.
We could not verify a defensible representative rate, so the calculator asks for yours rather than inventing one. Your bank or broker can give you the number in a phone call, and it is the single input that most affects the answer.
The same applies to your cost of funds. What retention actually costs you is what the money would have earned or saved, and only you know that.
Retention trusts, and the threshold that keeps getting misquoted
Several jurisdictions require retention money above a threshold to be held in trust rather than mixed with the principal’s own funds. The intent is that if the principal fails, the retention is still there.
In New South Wales the retention trust threshold is twenty million dollars. A ten million dollar figure circulates widely online. It came from a consultation draft that was never adopted, and it is wrong.
Thresholds and mechanisms differ between states and have been amended repeatedly. Check the current position for your jurisdiction rather than relying on any secondary source, this one included, and note that a trust requirement protects the money without changing what it costs you to have it withheld.
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