Billing and cash flow

How construction draws work with lenders

On a financed job, the lender pays out the construction loan in installments called draws. Each draw follows a request, a site inspection, a title and lien check, and approval against the loan budget, so the contractor's billing has to fit the lender's process as well as the owner's.

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Plan reviews connect field conditions, drawings, and the next decisions on a job. AI-generated illustration.

When an owner finances a project with a construction loan, the lender does not hand over the money at closing. It releases funds in installments, called construction draws, as work is completed. Each draw usually follows the same path: the borrower submits a draw request with the contractor's pay application, the lender sends an inspector to confirm the work is in place, the title company checks for new liens, and the lender funds the approved amount (less any holdback) to the borrower, the contractor, or a title escrow. For contractors, the draw cycle often decides when you get paid more than your own invoice date does.

Why lenders control draws so closely

The lender's collateral is a building that does not exist yet. Bank examiners look at how construction loans are disbursed. The former Office of Thrift Supervision's construction lending exam program (April 2011, now replaced by the OCC's Comptroller's Handbook on commercial real estate lending) asked examiners to check a lender's inspection procedures and methods of supervising loan disbursements, whether inspection reports are reviewed by people independent of the inspector and support the disbursements made, whether undisbursed loan funds are sufficient to complete the project, and whether title records show the lender's lien position is primary. Those four checks explain almost every question a draw administrator will ask you.

The construction draw process, step by step

1. The loan budget and draw schedule are set at closing

The loan budget breaks the project into categories (hard costs by trade, soft costs, contingency, interest reserve). The draw schedule sets how often draws can be requested, usually monthly on commercial loans and at milestones on many residential loans. Ask the owner for both before you finalize your schedule of values, so your lines map to the lender's categories.

2. The contractor submits the pay application

On commercial work this is often an AIA G702 and G703. The owner (borrower) attaches it to the draw request along with invoices for soft costs. Lenders frequently want the contractor's pay app a week or more before the draw date, so ask for the calendar.

3. The lender's inspector walks the site

An inspector compares the percent complete you claimed on each line to what is actually in place, and checks stored materials. If the inspector says drywall is 40 percent and you billed 60, the lender funds 40. Walk the site with the inspector when you can and bring photos.

4. Title and lien check

The lender or title company checks for liens recorded since the last draw and collects lien waivers from the GC and, on many loans, from subs and major suppliers. A practical pattern is a conditional waiver for the current draw and an unconditional waiver for the previous draw, once that money has cleared. In California, a waiver only releases the owner, construction lender, or payment bond surety if it is in substantially the statutory form and, for a conditional waiver, there is evidence of payment (Civil Code section 8124). California also requires many subs and suppliers to send their preliminary notice to the construction lender as well as the owner and GC (section 8200), which is one way lenders learn who is on the job.

5. In-balance test

Before funding, the lender confirms the loan is "in balance": the undisbursed loan funds (plus any required owner equity) still cover the cost to finish. If change orders or overruns push the cost to complete above what is left, the lender can require the owner to deposit the shortfall before funding. This is where unapproved change orders hurt contractors most.

6. Funding

The lender funds the approved amount, often less a holdback that works like retainage. Funds may go to the owner, directly to the GC, by joint check, or through a title company that disburses to the GC and subs. Know which method your job uses so you know who to call when money is late.

Worked example: a draw on a $3.2 million building

As an illustration, a GC submits a $410,000 month-six pay app on a $3.2 million retail building. The loan agreement holds back 10 percent of hard-cost draws.

Example: what happens to one draw request
StepResult
GC pay app, work this period$410,000
Inspector adjusts storefront line (billed 70%, sees 50% in place)Minus $24,000
Stored material: switchgear in a bonded warehouse, not allowed off site by loan agreementMinus $36,000
Approved hard cost this draw$350,000
Lender holdback at 10%$35,000
Funded to title company for disbursement$315,000
Missing unconditional waiver from the electrical sub for last drawElectrical portion held until received

Three avoidable problems cost this GC $60,000 of billing and delayed part of the rest: optimistic percent complete, stored material that the loan agreement did not cover, and one missing waiver. None of them were about the quality of the work.

How contractors get funded faster on loan jobs

  • Read the loan's construction requirements. Ask the owner for the lender's draw procedures, stored material rules, and waiver requirements at the start.
  • Map your SOV to the loan budget so the inspector is not translating your lines.
  • Bill what is in place. The inspector will cut anything optimistic, and every cut makes the next draw harder.
  • Collect sub waivers early. Make the prior month's unconditional waiver a condition of the sub's next payment.
  • Get change orders approved in writing and funded. An unfunded change can throw the loan out of balance.
  • Know the funding path so you know whether to call the owner, the lender, or the title company.

Mistakes to avoid

  • Assuming the owner's approval means the lender will fund the same amount.
  • Billing stored materials the loan agreement does not allow.
  • Sending unconditional waivers for money that has not been funded yet.
  • Missing the lender's submission date by a day and waiting a full cycle.
  • Starting change order work before the owner shows the change is funded.

Residential builders: see how to work with residential construction lenders. Track waivers with the lien waiver tracking template. Smart Business Automator keeps each job's pay apps, lien waivers, and change orders together so the draw package is ready when the lender asks, through construction accounts receivable automation.

Frequently asked questions

How long does a construction draw take to fund?

It depends on the lender and the loan agreement. The steps are request, inspection, title and waiver review, and approval. Ask the owner for the lender's timeline at the start of the job, and plan your cash around it.

Who pays for draw inspections?

Usually the borrower, under the loan agreement. Contractors do not normally pay, but they should make the site and records available.

Can the lender pay the contractor directly?

Yes, if the loan agreement or a separate agreement allows it. Some lenders fund through a title company that pays the GC and subs directly, and some use joint checks.

What does in balance mean on a construction loan?

It means the loan funds not yet disbursed, plus any required owner equity, are enough to finish the project. If not, the lender can require the owner to cover the gap before the next draw.

Sources

  1. Office of Thrift Supervision (archived on occ.gov): Examination Handbook 213P, Construction Lending Program, April 2011
  2. California Civil Code section 8124, effect of waiver and release (public.law)
  3. California Civil Code section 8200, preliminary notice recipients (public.law)
  4. AIA Contract Documents: Summary of G702-1992, Application and Certificate for Payment
Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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