The plight of the construction industry has been a recurring theme in the media recently, as more and more construction companies have run into financial difficulties. This is due to the impact of inflation on material costs, a sharp rise in interest rates, and general economic uncertainty that has led to a lack of buyers for the completed building stock. With no users for the buildings, construction projects have been put on hold.
27.3.2024
A construction boom is just around the corner
Pauliina Tenhunen, Jerker Pitkänen & Elina Pesonen
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In the long run, market and economic troughs are part of the normal fluctuation. The previous crises in the Finnish building sector occurred during the national recession in the 1990s and the financial crisis in the 2000s. In terms of the number of bankruptcies, the current situation is comparable to the latter. During our firm’s long history we have seen many downturns, even recessions, and handled some of Finland’s largest bankruptcies, successful voluntary debt arrangements and restructuring proceedings. That’s why we can confidently say that every downturn is followed by an upturn.
Financial difficulties are better tackled if the situation is assessed early, when there are still options for recovery. In order to reorganise a viable business and rearrange its debts, restructuring proceedings are not always needed. Debts can be voluntarily arranged by agreement with the creditor groups, and business activities can be reorganised, through mergers or divestments, for example. In formal insolvency proceedings, debts are rearranged and unprofitable activities are disposed of. Even bankruptcy is not always the end: the bankruptcy estate can sell the profitable businesses and thereby give the business a fresh start.
Construction booms and peaks in demand usually follow a familiar pattern. The RAKSU Construction Trends Group expects construction to decline by another 3–4% this year, but construction output is forecast to recover, especially in residential construction, as early as next year if demographic developments and the recovery in purchasing power proceed as anticipated.
If interest rates fall as expected and construction costs stop rising, we are likely to see a new construction boom in a couple of years. After two years of slow residential construction, it is likely that there will be a spike in demand for housing and that competition for dwellings will increase significantly. Better times are ahead for the construction sector. To get there, companies need to be wise in their financial management and tackle problems head-on.
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Latest references
European Battery Technologies – Sale of assets of bankruptcy estate
Our partner Pauliina Tenhunen acts as the administrator of the bankruptcy estate of European Battery Technologies Oy. The bankruptcy estate sold all assets of the bankrupt company, including its battery factory equipment and IP rights related to the operations. The equipment sold was the first of its kind in the 2010s and the factory was the first in Europe to produce LFP batteries. The buyer is Estonia and Germany-based Skeleton Technologies, a global developer and manufacturer of energy storage solutions. The buyer will continue operations in the premises rented by the bankrupt company in Varkaus, Finland. The owner of the premises is Keski-Savon Teollisuuskylä Oy, a company owned by the city of Varkaus. The bankruptcy administration is very pleased with this outcome as the continued operation of the battery factory was a priority also for the bankruptcy estate.
Case published 26.5.2023
Litorina Capital – Merger of Leo’s Lekland and HopLop
We advised Litorina Capital, a Swedish private equity house, in the merger of two leading indoor playground chains in the Nordics, Leo’s Lekland and HopLop. Litorina IV fund, the main owner of Leo’s Lekland, and CapMan Special Situations I, the main owner of HopLop, agreed on an ownership arrangement that will unite Leo’s Lekland and HopLop into Europe’s leading indoor playground group. Both parties will continue their ownership in the new combined group. The HopLop chain continues to operate in Finland under the HopLop brand. The new group will be Europe’s largest family focused activity and exercise company. It has a total of 68 parks in Finland, Sweden, Norway, Denmark and Germany. Leo’s Lekland is the largest indoor playground chain in the Nordic countries, with a total of 50 parks in Sweden, Norway, Denmark, Finland and Germany. There are 7 parks in Finland. HopLop is the largest children’s adventure and indoor playground chain and the most significant family focused activity and exercise company in Finland. There are 17 HopLop parks in Finland and 1 in Germany. Litorina is a private equity investment firm based in Stockholm, Sweden. It was founded in 1998. It invests in niche market leading companies with headquarters in the Nordics. Currently it has 13 portfolio companies.
Case published 2.2.2023
Relacom Finland – Administration of bankruptcy estate
Relacom Finland Oy was declared bankrupt in 2019 upon the company’s own application. Relacom Finland Oy was one of the leading telecommunication services companies in Finland, and it had activities across Finland. The company offered, for example, installation and maintenance of telecommunication networks and power grids. When bankruptcy was declared, the company had around 400 employees. The bankruptcy proceedings were concluded in approximately three years, and the creditors approved the final settlement of accounts in December 2022. Attorney Pekka Jaatinen served as the administrator of the bankruptcy estate. After the beginning of the bankruptcy, the bankruptcy estate examined the company’s unfinished projects and finished them to the extent that was profitable. The rest of the projects were shut down in a controlled manner and handed over to the customer. Some of the projects were also socially important. The bankruptcy estate hired 112 of the company’s employees for fixed-term employment to finish projects and to ensure that the shutdown was carried out in a controlled manner. However, the bankruptcy administration did not continue the company’s business. The company’s fixed assets and inventories consisted of, among other things, various tools, equipment and several vehicles. The bankruptcy estate identified different options for efficient ways to liquidate assets, and selling was carried out in cooperation with an external liquidator. The liquidation result from finishing projects and selling the company’s movable property was significant and higher than the book value. Unsecured creditors accrued approximately 41% disbursements in the bankruptcy.
Case published 11.1.2023
Otso Gold – Restructuring Proceedings
Otso Gold Oy, an ore exploration and mining company, filed an application for initiating restructuring proceedings to the Oulu District Court on 3 December 2021. At that time, the company owned the Laivakangas gold mine, which is located in Raahe, Finland, on one of the biggest gold deposits in the Nordic countries. The company’s restructuring proceedings commenced on 17 February 2022, and the District Court ordered Attorney Pekka Jaatinen to serve as the administrator. At the time of commencement of the proceedings, the company was part of the Otso Gold group, whose Canadian parent company Otso Gold Corp is listed on the Toronto stock exchange. Due to the cross-border nature of the group, simultaneous restructuring applications were filed in Finland, Sweden and Canada. Otso Gold needed to carry out a financing and ownership arrangement in order to safeguard the continuation of its business and the fulfilment of its restructuring programme. Through the restructuring proceedings, Otso Gold was able to carry out a corporate transaction whereby the restructuring and the related proceedings were based on the sale of the company’s entire share capital to Pilar Gold Inc., a Canadian gold mining company. Simultaneously, Otso Gold was provided with financing for the implementation of the restructuring programme. Creditors representing over 93% of all debts of Otso Gold supported the restructuring programme based on the transaction concerning the entire company. The District Court of Oulu affirmed the one-day restructuring programme in October 2022 and appointed Attorney Pekka Jaatinen as supervisor of the programme. The restructuring programme and its payment programme were carried out in their entirety approximately one week later, and the restructuring programme ended successfully on 17 November 2022.
Case published 29.12.2022