Industry Trends & Insights
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One Builder Down, Everyone Exposed
What Happens When Your Builder Goes Under Mid-Project?
When a builder fails mid-project, the work doesn’t simply stop with them. Vivian Construction’s collapse highlights the risks for clients, subcontractors and suppliers, and why knowing who you’re relying on matters before a project gets into trouble.

Team ConInnova

Introduction
On 5 September, liquidators Derek Ah Sam and Paul Vlasic of Rodgers Reidy were appointed over Vivian Construction. The Auckland firm, which described itself as a boutique commercial and high end residential builder, had been running a retail and commercial upgrade at 172 Jervois Rd in Herne Bay for the Friedlander family's Samson Corporation, a property business worth more than $2 billion. Samson has now had to bring in NZ Strong to take over as head contractor mid-project.
The detail worth sitting with here isn't that a builder failed. Builders fail all the time right now. It's who was standing on the other side of the contract. Samson isn't a stretched first home buyer or a small developer short on capital. It's one of Auckland's most substantial, deep pocketed property owners, and it still got caught holding a half finished site when its builder didn't make it to practical completion.
What actually happened
Vivian Construction's website and Facebook page went dark around the time the liquidators were appointed. Samson's development manager Callum Scott called it a deeply upsetting situation, and said the company was particularly concerned about subcontractor obligations on the site. Vivian Construction's Jeff Vivian acknowledged there was money owing and said he was working to sort it out.
Samson has since said work has resumed under NZ Strong and is progressing. For the subcontractors who were partway through work on that site when Vivian went under, resuming work under a new head contractor doesn't automatically resolve what they were already owed.
This isn't a one off, it's the baseline
The Vivian Construction collapse is a single data point inside a pattern that's become the new normal for the sector. In the year to June 2026, 755 construction companies were liquidated, the highest rate on record. A separate HUD housing market update put the figure at 769 firms over the year to March 2026, close to 0.9 percent of the entire construction sector gone in twelve months.
What's more telling than the headline number is how widely the pain is spreading. A BDO survey of 180 construction business owners and leaders found a quarter had watched a counterparty go into liquidation over the past year, with another 15 percent seeing more than one. Close to two thirds had projects cancelled or put on hold, and nearly two thirds had booked losses of up to $100,000. When one in four firms has already been burned by a counterparty failure, this stops being a risk you can underwrite away with a strong balance sheet. It's just the operating environment now.
It's not only the market
Weaker demand and rising input costs explain a good chunk of this. Total construction activity dropped from $63 billion in 2023 to $55.7 billion in 2025, about $7.3 billion of annual activity gone in two years, with building work value down 8.2 percent in 2025 alone. Centrix managing director Keith McLaughlin put it plainly earlier this year, saying that when houses sit on the market longer and prices stay weak, builders and construction firms pull out of that part of the sector.
But a Newsroom investigation published just three days before the Vivian Construction news found liquidators repeatedly pointing to a different kind of cause inside failed firms, poor financial management, tax debt building up quietly, and inappropriate personal spending by directors. That's an uncomfortable finding for anyone relying on a builder's reputation or how busy their sites look. A firm can look like it's operating normally right up until it isn't, because the thing that actually kills it isn't always visible from the outside.
What contractor failure actually costs everyone else
When a head contractor goes under mid-project, the damage doesn't stay contained to that one company. A client or developer is left finding a replacement builder under pressure, often at a higher price, while the project sits stalled. Subcontractors who've done work and haven't been paid are left as unsecured creditors, usually near the back of the queue behind secured lenders, employees, and Inland Revenue. Retentions that should have been protected can get tied up in the liquidation process for months. And everyone attached to the site, material suppliers, other trades, even neighbouring projects sharing the same subcontractor pool, can feel the ripple even without a direct contract with the failed builder.
The industry itself has started saying this out loud. In August, the Combined Building Supplies Cooperative called for reform, with chief executive Carl Taylor saying members are carrying risk the system was never designed to allocate properly. The Building Officials Institute separately noted inspection failure rates sitting between 45 and 55 percent, which gives some sense of how much rework and delay is already baked into the system before a liquidation even happens.
What to actually do about it
Treat due diligence as ongoing, not a one off check at tender stage. A builder's financial position can shift significantly over the life of a project. Checking in on cash flow health, payment patterns, and tax compliance partway through a job is worth the discomfort.
Don't assume a busy site means a healthy business. Liquidators are repeatedly finding governance and financial management failures inside firms that looked fine from the outside right up until they weren't.
Push for staged payments and genuine retentions protection, not just on paper. If you're a subcontractor, know where your retentions actually sit and whether they're genuinely ring fenced.
Build contingency into your own contracts and pricing, whether you're a head contractor relying on subcontractors or a subcontractor relying on a head contractor's solvency. Assume at some point in your career, a party you're relying on won't make it to practical completion, because the numbers say that's no longer a tail risk.
Know your position as a creditor before you need to. Understanding where you'd sit if a counterparty failed tomorrow, secured, preferential, or unsecured, changes how much risk you're actually willing to carry on a given job.
Where better visibility helps
A lot of this risk only becomes obvious in hindsight, once a contractor has already stopped answering calls. The businesses that spot trouble earliest are usually the ones with a live, accurate read on where their own costs and cash position actually sit, not just a monthly reconciliation after the fact. That same discipline, knowing in real time what's owed, what's been paid, and where a project's numbers are actually tracking, is exactly what makes it possible to catch a wobble in your own business, or a counterparty's, before it turns into a liquidation notice. It's part of why tools like Civcost exist, and worth having in place before you need it rather than after.
Bottom line
A $2 billion property business getting caught out by a builder going under mid-project should change how every smaller developer, contractor, and subcontractor thinks about counterparty risk. This isn't about picking better builders, plenty of competent operators are failing in this environment too. It's about assuming any party on a contract, including your own business, might not make it to the finish line, and building your contracts, your cash flow, and your own financial visibility around that as the base case rather than the exception.
References
B2B News, "Builder insolvency is no longer a risk to manage, it is the environment to survive" (8 September 2026) — https://b2bnews.co.nz/news/samson-corp-replaces-failed-builder-vivian-construction/
NZ Herald, "Property Insider: $2b Samson Corp's problems with failed builder Vivian Construction" (7 September 2026) — https://www.nzherald.co.nz/property/property-insider-2b-samson-corps-problems-with-failed-builder-vivian-construction/premium/O3N52L2P7JE7VEGASFVEYC7GNY/
Newsroom, "Construction costs jump as two-thirds of firms report cancelled projects" (11 August 2026) — https://newsroom.co.nz/2026/08/11/construction-costs-jump-as-two-thirds-of-firms-report-cancelled-projects/
Newsroom, "Tax debt and new BMWs: Liquidators lift lid on why construction firms fail" (4 September 2026) — https://newsroom.co.nz/2026/09/04/tax-debt-and-new-bmws-liquidators-lift-lid-on-why-construction-firms-fail/
RNZ, "Inside New Zealand's shrinking building and construction industry" (12 July 2026) — https://www.rnz.co.nz/news/business/703932/inside-new-zealand-s-shrinking-building-and-construction-industry
1News, "Builders' co-op calls for major reform as industry struggles" (21 August 2026) — https://www.1news.co.nz/2026/08/21/builders-co-op-calls-for-major-reform-as-industry-struggles/
BDO New Zealand, "Building resilience through uncertainty, BDO Construction Sector Report 2026" — https://www.bdo.nz/getmedia/2b6e6d42-b8ec-4947-82c8-3aadb24475a7/BDO-Construction-Sector-Report-2026-web.pdf
Ministry of Housing and Urban Development, "Housing Market Update, March 2026 Quarter" — https://www.hud.govt.nz/assets/Uploads/Documents/Housing-market-update/Housing-Market-Update-March-Quarter-2026.pdf
Scoop Business, "Value Of Building Work Put In Place: March 2026 Quarter" — https://www.scoop.co.nz/stories/BU2606/S00057/value-of-building-work-put-in-place-march-2026-quarter.htm
Company Hub, "Vivian Construction Limited, NZBN 9429046169020" — https://www.companyhub.nz/companyDetails.cfm?nzbn=9429046169020


