RACA Journal January 2020 | Page 41

Associations From left: Barney Richardson, Hennie Basson, SARACCA Western Cape Chairman and Allen Bodill, executive director MBAWC. construction industry. The MBA South Africa is well aware of the problem and is consulting on a solution. The SARACCA Gauteng branch meeting was held at the Johannesburg Country Club in Woodmead. The meeting was opened by vice chairman David Botha who introduced independent construction consultant and Master Builders Association North (MBA North) board member, Francois Spies. Spies gave a short talk about payments and contracts providing advice to contractors on how to avoid business hindrances thereof. Many members have expressed concern at the difficulties in receiving payment from builders and clients alike. Notifications must be in writing to ensure proper communication between the parties and efficient management and operation of the contract requirements. In light of a few construction companies going into business rescue, his talk focused on the retention of money being held far longer than necessary. In a business rescue there is no recognition of retention money. This is a problem and the MBAs are aware of it. Nationally, MBSA is working on a solution and believes it is a problem that can be solved. He www.hvacronline.co.za explained the processes involved in going into business rescue, unpacking that the period in which the business does this is where payment/monies for subcontractors should be paid out. “So when a company goes into business rescue, the retention gets held as a creditor and the company in business rescue then gets post-commencement financing, which is where they get guarantors and other people to put money in to keep them afloat, and try and get them through the business rescue process. The problem that then comes in is that the first money that comes in after that, these post-commencement funders get paid first. And your subcontractor money is further held back,” he said. He explains that what ends up happening is that the subcontractor gets paid a lesser value of the services provided. This is because the business rescue process doesn't contemplate payment terms like a retention amount and the law has a blanket approach to this aspect. “It’s not tailormade for our industry,” he adds. The MBSA together with (Federated Employer's Mutual Assurance Company) FEM have come together to set up a retention trust fund with the agreement of the principal contract and the subcontractor that places retention money in a Trust that neither the contractor nor subcontractor can easily access. “With this set-up, the problem of subcontractors’ payment being held back will not exist as the money will be in a Trust,” he said. Although he shared a few challenges around the administration of the fund, such as getting the retention money released. He said subcontractors can apply to get payment through programmes that organisations like SARACCA and the MBA have. RACA RACA Journal I January 2020 39