Counterparty Risk: What Happens If Your Factory Fails

What happens to your project if your modular factory fails? Your modular project depends entirely on one counterparty. If that factory fails—financially, operationally, or otherwise—your options are bad. Finding another factory to complete partially-built modules is nearly impossible. Starting over means writing off work in progress. In this episode of Built Different, we examine counterparty risk concentration in modular construction. Katerra's 2021 collapse left developers scrambling. Other factories have failed more quietly. Size and institutional backing aren't protection against failure—but structural deal protections can reduce exposure. Topics covered: How modular concentrates counterparty risk vs. traditional construction Lessons from Katerra and other high-profile modular factory failures Limits of financial due diligence on factory health Structural protections: payment terms, performance bonds, letters of credit Contract terms for work-in-progress ownership if factory defaults Who this episode is for: Developers structuring modular contracts, construction attorneys negotiating factory agreements, lenders assessing counterparty exposure, and investors conducting factory due diligence. Key takeaway: The question isn't whether your factory could fail. It's whether you've structured the deal to survive if they do. Payment terms, bonds, and WIP ownership provisions reduce the severity of a factory failure. Built Different is produced by Spring Street Management Group. New episodes on modular construction risk, off-site building contracts, and volumetric construction drop every weekday at 6 AM Pacific.]]>