Construction

Personal guarantees for construction directors

Construction directors often have personal exposure that sits outside the company: guarantees on facilities, plant, leases and sometimes supplier accounts. Those commitments should be mapped before a turnaround or insolvency route is chosen.

Typical situations

  • Personal guarantees have been given on invoice finance, plant HP or a yard lease.
  • A director's loan account has been used to bridge payroll or materials and may now be overdrawn.
  • The board is unsure whether to continue completing live jobs.
  • There is concern about personal exposure if a main contractor fails or a petition is served.

Personal exposure is common in contracting

Funders of construction businesses often ask for personal guarantees, especially around invoice finance, asset finance and property. Plant on hire purchase can also create a personal residual if the company cannot keep up the payments.

A company process does not automatically release those obligations. They should be listed, valued and discussed at the same time as the company's cash flow and creditor position.

Continuing to trade is a director decision

Completing a job can preserve value, or it can consume the last cash to the detriment of creditors. Construction makes that judgement harder because stopping mid-contract has its own cost: claims, bonds, snagging and reputation with employers.

The legal duties are the same as for other UK directors, and are explained on the general director support page and in our duties guide. This page is about how those duties show up on a contracting business.

Do not leave the personal position until afterwards

Once a formal process starts, the room to plan around guarantees and loan accounts is smaller. An early, confidential conversation is usually the more controlled way to understand what is company risk and what is personal risk.

Common questions

If the company enters liquidation, do plant guarantees fall away?

Not necessarily. It depends on the agreement. Asset funders may still look to the guarantor, especially if the plant is recovered at a shortfall. Those agreements should be reviewed before a process is chosen.

How does this differ from general director support?

The general page covers duties, guarantees and loan accounts for UK directors. This page focuses on plant finance, invoice finance, live-contract decisions and the personal exposure typical of contracting firms.

  • Construction cash flow

    Deal with retentions, delayed payments, unpaid certified work and working-capital pressure across contracting businesses.

  • Construction HMRC debt

    Address CIS, VAT, PAYE and Time to Pay issues that are specific to contractors and subcontractors.

  • Construction CVAs

    Assess whether a CVA can work for a contractor once bonds, retentions and employer termination clauses are taken into account.

  • Construction liquidation

    Close a contracting company in an orderly way, accounting for live jobs, plant and retention recovery.

The earlier you understand your options, the more options you are likely to have.

Speak confidentially with a Turnwell specialist about the position of your business.