
To meet your needs, JMK employs Real Estate Analysts, Development Experts,
Licensed Architects, Registered Professional Civil & Structural Engineers,
Certified Building Inspectors and General Contractors.
Pre-closing due diligence for
construction-loan financing is a crucial step in ascertaining the financial
viability of any project. JMK thoroughly conducts a wide array of due diligence
investigations to successfully identify risk and establish solutions to proper
management of risk during fund control.

· Site Inspection,
· Preliminary review of project budget and description & all
drawings/plans,
· Meet borrowers' project team including contractors, architects and engineers,
· Investigate background & capability of project team, insurance, bonds,
workman's compensation, liability, construction schedule, contractor
reputation, license status, litigation history,
· Verification of contractor & borrower experience, also track record of
Contractor with regards to financial capability, including ability to carry
project between disbursements,
· Review of documents such as permits, entitlements, construction schedule,
title report, legal description, land survey,
· Engineering & architectural review of contract specification and
construction details
· Review of easement, encroachments, land use restrictions,
· Verification of construction budget,
· Review of environmental conditions,
· Review of contract terms and conditions, T&M contracts, exclusions,
payment procedures,

JMK verifies the progress of construction in accordance to the billing
schedule. We also protect the borrowers and lenders from any potential
liability including mechanics lien, construction or payment default, and even
litigation.
a. Loan funds will be disbursed
monthly or semi-monthly, by joint check issued to the borrower AND the
contractor for contract work and monthly to borrower alone for non-contract
costs.
b. If disbursement request
packages are properly submitted and accurate in content, JMK will review and
process the disbursement request, inspect the project site and submit our
recommendation for payment to the lender.
c. Disbursement requests should
be submitted to JMK via a Next-Day Delivery Service and must include the
following:
· Disbursement reconciliation
spreadsheet,
· Invoice from the General Contractor for the amount requested, net of
retention,
· A mechanic's lien waiver from the General Contractor, Sub Contractor and
Material Supplier,
· The signature of the borrower authorizing the requested disbursement of loan
funds,
· Conditions of disbursement including retention, change orders, T&M
charges, etc.
d. Funds for contractor's general conditions, profit, overhead, and similar
indirect costs may be disbursed on a scheduled monthly rate.
e. Disbursement of funds for the
cost of materials, supplies, equipment, fixtures, etc. will be approved only
after permanent installation. Exceptions to this policy can be made for
materials on site, with receipt for payment, stored in secured storage, fully
insured and available for inspection.
f. No payments are to be made
directly by borrower for any improvements on the lenders' collateral property
unless such payment is an approved budgeted cost and the source of (or
reimbursement of) such payment is drawn by the Lender in the form of a check.
g. Budget line items defined as
"contingency" are not to be disbursed directly to the borrower or contractor
but are to be used for increasing, decreasing or creating other, adequately
identified budget line items only. The percentage of contingency funds that may
be used for satisfying loan imbalance or shortages in other line items may not
exceed the overall percentage upon completion of the project.
h. Copy of contractor's
preliminary 20-day notices.
i. No construction-related costs
will be disbursed without physical inspection by JMK.
j. Construction loans will
continue to be monitored and the site physically inspected on a frequency of
not less than every 30 days. This monthly monitoring is important to determine
site activity or lack of activity and the effect of project progress on the
interest reserve account.
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