What are construction linked payments?

CLPs play a crucial role in real estate and infrastructure projects by tying financial disbursements to specific construction milestones.

Construction linked payments (CLPs) are a common financial model used in real estate and infrastructure projects. This payment scheme ties the disbursement of funds to specific construction milestones, ensuring that payments are made in accordance with the progress of the project. CLPs are designed to protect both developers and buyers by aligning financial transactions with the actual state of construction, thereby minimising financial risk. In this article, we will delve into the intricacies of construction linked payments, exploring their benefits, challenges and best practices. We will also answer some frequently asked questions to provide a thorough understanding of this payment model.

 

Understanding CLPs

Construction linked payments are structured to ensure that payments are made only when specific construction milestones are achieved. These milestones are predefined and agreed upon by all parties involved, including the developer, contractor and buyer. Common milestones include the completion of foundational work, structural framework, roofing and final finishing. Each milestone triggers a payment, which is typically a percentage of the total project cost.

This payment model offers several advantages. Firstly, it ensures that developers have a steady cash flow to fund the ongoing construction activities. Secondly, it provides buyers with a level of security, as they only make payments when tangible progress is evident. Lastly, financial institutions and lenders also prefer CLPs, as they reduce the risk of default by ensuring that funds are used exclusively for construction purposes.

 

Benefits of CLPs

For buyers

Security and transparency: Buyers only make payments when construction milestones are achieved, ensuring that their money is being used appropriately.

Reduced financial burden: Payments are spread out over the construction period, making it easier for buyers to manage their finances.

Protection against delays: If the project faces delays, buyers are not required to make payments until the next milestone is reached.

For Developers

Steady cash flow: Developers receive payments at regular intervals, which helps in managing the project’s financial requirements efficiently.

Reduced financial risk: Since payments are linked to construction progress, developers are less likely to face financial shortfalls.

Increased buyer confidence: Buyers are more likely to invest in projects with CLPs, as they provide a transparent payment structure.

For financial institutions

Lower risk of default: Linking payments to construction progress reduces the likelihood of project abandonment or delays, lowering the risk for lenders.

Improved loan management: Financial institutions can monitor the progress of the project and release funds accordingly, ensuring that loans are used for their intended purpose.

 

Challenges of CLPs

Need for accurate and timely reporting of construction progress

Developers must ensure that milestones are clearly defined and documented to avoid disputes with buyers and lenders.

Potential for delays

Construction projects are often subject to unforeseen circumstances such as weather conditions, labour shortages and supply chain disruptions. These delays can impact the payment schedule, causing financial strain for both developers and buyers.

Inspection and verification process can be cumbersome

Financial institutions and lenders may require third-party inspections to verify the completion of milestones, adding to the administrative burden and potentially causing delays in payment disbursement.

 

Best implementation practices

To maximise the benefits and minimise the challenges associated with construction linked payments, it is essential to follow best practices. Here are some key recommendations:

Clear milestone definition

Clearly define construction milestones and ensure that all parties agree on them. This will help avoid disputes and ensure a smooth payment process.

Regular progress reporting

Maintain accurate and timely records of construction progress. Regular progress reports should be shared with buyers and lenders to keep them informed.

Third-party inspections

Consider using third-party inspectors to verify the completion of milestones. This adds an additional layer of transparency and builds trust among all parties.

Contingency planning

Develop contingency plans to address potential delays and unforeseen circumstances. This will help mitigate the impact of delays on the payment schedule.

Communication and collaboration

Foster open communication and collaboration among all stakeholders. Regular meetings and updates can help address issues promptly and keep the project on track.

Legal and contractual compliance

Ensure that all contractual agreements are legally sound and compliant with relevant regulations. This will help protect the interests of all parties involved.

 

CLPs in different regions

The adoption and implementation of construction linked payments can vary significantly across different regions and countries. Regulatory frameworks, market conditions and industry practices play a crucial role in shaping the use of CLPs.

In Asia

In Asia, the use of construction linked payments varies across countries. In rapidly developing markets like India and China, CLPs are gaining popularity due to their ability to provide financial security and transparency. However, challenges such as regulatory compliance and market volatility can impact the effectiveness of CLPs in these regions.

In the United States

In the United States, construction linked payments are commonly used in both residential and commercial real estate projects. The payment structure is typically outlined in the construction contract and milestones are defined based on project-specific requirements. Financial institutions often play a key role in overseeing the disbursement of funds and ensuring that payments are linked to construction progress.

In Europe

European countries also widely used construction linked payments, particularly in large-scale infrastructure projects. The European construction industry emphasises transparency and accountability, making CLPs a preferred payment model. Regulatory bodies often provide guidelines and standards for implementing CLPs, ensuring consistency and reliability.

 

Procedure for CLPs in India

In India, construction linked payments (CLPs) are a popular payment model used in real estate and infrastructure projects. The procedure for implementing CLPs can be carried out both online and offline, depending on the preferences and capabilities of the stakeholders involved.

 

See also: Different types of construction services in India

 

Offline Procedure

Agreement and documentation

-Developers and buyers enter into a formal agreement that outlines the terms and conditions of the CLP scheme.

-The agreement includes details such as construction milestones, payment schedules and responsibilities of each party.

Milestone definition

-Construction milestones are clearly defined and agreed upon by both parties. Common milestones include foundation completion, structural framework, roofing and finishing.

Progress reporting

-Developers maintain detailed records of construction progress. Regular site visits and inspections are conducted to verify the completion of milestones.

-Progress reports are prepared and shared with buyers and financial institutions.

Payment disbursement

-Upon verification of milestone completion, buyers make payments according to the agreed schedule.

-Payments are typically made through bank transfers or cheques.

Third-party inspections

To ensure transparency, third-party inspectors may be engaged to verify the completion of milestones before payments are disbursed.

Record keeping

-All documentation, including progress reports, inspection certificates and payment receipts, are maintained for future reference.

 

Online procedure

Digital agreement

Developers and buyers can use digital platforms to enter into a CLP agreement. E-signatures are used to authenticate the agreement.

Online milestone definition

Construction milestones are defined and recorded on a digital platform accessible to all parties.

Real-time progress tracking

-Developers use digital tools, such as Building Information Modeling (BIM), to track and report construction progress in real-time.

-Progress updates are automatically shared with buyers and financial institutions.

Automated payment disbursement

-Payments are linked to the achievement of milestones and can be automated using smart contracts on a blockchain platform.

-Once a milestone is verified, the smart contract triggers the payment disbursement directly from the buyer’s account to the developer’s account.

Third-party digital inspections

-Third-party inspectors can use digital platforms to conduct remote inspections and verify milestone completion.

-Inspection reports are uploaded and shared with all stakeholders.

Digital record keeping

All records, including agreements, progress reports, inspection certificates and payment receipts, are stored on secure digital platforms for easy access and reference.

 

Draft construction linked payment plan 

Taking the value of the property at 30 lakh,  the payment plan for the same can be calculated as mentioned below.

Payment particulars (Total 100%) Amount paid Total payment
10% booking amount Rs 3 lakh Rs 3 lakh
20% within the next 45 days of booking Rs 6 lakh Rs 9 lakh
10% on completion of plinth/foundation Rs 3 lakh Rs 12 lakh
10% on the casting of the first-floor slab Rs 3 lakh Rs 15 lakh
10% on the casting of the second-floor slab Rs 3 lakh Rs 18 lakh
10% on the casting of the third-floor slab Rs 3 lakh Rs 21 lakh
10% on the casting of the fourth-floor slab Rs 3 lakh Rs 24 lakh
15% on the casting of the final-floor slab Rs 4.5 lakh Rs 28.5 lakh
5% on possession Rs 1.5 lakh Rs 30 lakh

 

Technological advancements and CLPs

Technological advancements are playing a significant role in enhancing the efficiency and effectiveness of construction linked payments. Digital tools and platforms are being developed to streamline the payment process, improve transparency and reduce administrative burden.

Blockchain technology

Blockchain technology is emerging as a game-changer in the construction industry. By providing a decentralised and immutable ledger, blockchain can enhance the transparency and security of construction linked payments. Smart contracts, enabled by blockchain, can automate payment disbursements based on predefined milestones, reducing the risk of disputes and delays.

Building information modelling (BIM)

Building Information Modeling (BIM) is another technology that is transforming the construction industry. BIM provides a digital representation of the building, allowing stakeholders to visualise and track construction progress in real-time. By integrating BIM with construction linked payments, developers and buyers can have a clear and accurate view of project milestones, facilitating timely and accurate payments.

Construction linked payments offer a robust and transparent financial model for real estate and infrastructure projects. By aligning payments with construction progress, CLPs provide financial security for developers, buyers and financial institutions. However, implementing CLPs requires careful planning, clear milestone definition and effective communication among all stakeholders. By embracing best practices and leveraging technological advancements, the construction industry can maximise the benefits of CLPs and ensure the successful completion of projects.

 

FAQs

What are construction linked payments?

Construction linked payments (CLPs) are a payment model where disbursements are tied to specific construction milestones. Payments are made as each milestone is achieved, ensuring that funds are used for ongoing construction activities.

What are the benefits of construction linked payments for buyers?

CLPs provide buyers with security and transparency, as payments are made only when construction milestones are completed. This reduces financial risk and ensures that their investment is being used appropriately.

How do construction linked payments benefit developers?

Developers benefit from a steady cash flow and reduced financial risk. Since payments are linked to construction progress, developers are better equipped to manage the project's financial requirements.

What challenges are associated with construction linked payments?

Challenges include the need for accurate progress reporting, potential delays in construction and the administrative burden of inspection and verification processes.

How can technology enhance construction linked payments?

Technologies such as blockchain and Building Information Modeling (BIM) can enhance transparency, security and efficiency in construction linked payments. Blockchain can automate payments through smart contracts, while BIM provides real-time tracking of construction progress.

Are construction linked payments used globally?

Yes, construction linked payments are used in various regions, including the United States, Europe and Asia. The adoption and implementation of CLPs can vary based on regulatory frameworks, market conditions and industry practices.

What best practices should be followed for implementing construction linked payments?

Best practices include clear milestone definition, regular progress reporting, third-party inspections, contingency planning, effective communication and legal compliance. These practices help ensure a smooth and transparent payment process.

 

Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com

 

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