Ongoing legal disputes with the Korean government will put more pressure on the performance of local builders possibly for years to come

2013-10-30 16:46

Major builders in deeper trouble

By Choi Kyong-ae
Ongoing legal disputes with the government will put more pressure on the performance of local builders possibly for years to come, experts and companies said Wednesday.
Adding further woes to a construction sector still struggling with sluggish sales, two government agencies recently banned dozens of firms from bidding for construction projects placed by public firms for up to 15 months.In a quick response to the move, Hyundai Engineering and Construction and other accused firms filed for a preliminary injunction to overturn the decision made by the Public Procurement Service (PPS) and the Korea Water Resources Corporation (K water), a Hyundai E&C spokeswoman said by telephone.
“The two public companies argue the builders colluded to evenly share the mega project to refurbish the country’s four biggest rivers (under the former Lee Myung-bak government) but it is not true,” said the spokeswoman.
The National River Restoration, better known as the “four rivers project,” was aimed at reshaping and rehabilitating portions of four of the country’s biggest rivers, the Han, Geum, Naktong and Yeongsan, to generate recreational areas for the public and provide better protection against flooding.
An official from Daewoo Engineering & Construction stated that accusations that large builders reaped profits worth about 1 trillion won ($943 million) by exploiting their subcontractors, made by some lawmakers, were groundless. “The fact is, most construction companies sustained huge losses from the project after they were forced to join,” he said.
As the first round of legal battles is expected to last for at least one year, “our biggest worry for the moment is this may have a negative impact on the corporate image outside the country and on efforts to win overseas projects,” the Hyundai E&C spokeswoman said. “The builders are allowed to attend bids for public projects until the court makes a ruling on the legal dispute (with the government),” she said.
In October, the PPS imposed sanctions on Hyundai E&C and 14 other construction companies to prevent them from participating in any public projects for up to 15 months through Jan. 22, 2015, while K water also took the same action against 10 builders last week.
The steps taken by PPS and K water come after the Fair Trade Commission imposed a total 111.5 billion won in fines on construction companies for collusion in June last year, and prosecutors indicted 22 former and incumbent officials of the companies for their involvement in the misconduct in September this year.
Asked if they have an official stance on the preliminary injunction filed against it by the builders, PPS spokesman Yoo Jeong-geun said, “We took proper measures against them and we have nothing to say regarding this matter. The ball is now in the judge’s court.”
Builders posted weak results for the third quarter, showing how the economic slump is still influencing poor sales for builders.
Daewoo E&C posted a net profit of 131 billion won, a 19 percent decline from a year earlier. Hyundai E&C reported a 1.8 percent year-on-year drop in net income at 169 billion won. Samsung C&T saw its net profit for the January-September period plummet by 38 percent to 264 billion won from the same period one year ago.
Analysts say it will likely take a while before the nearly moribund construction industry fully recovers from the 2008 financial crisis.
“The legal battle with the government will definitely weigh on construction firms, whether they win or not, until the battle is over,” Kyobo Securities analyst Cho Joo-hyoung said.

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Kee Koon Boon (“KB”) is the co-founder and director of HERO Investment Management which provides specialized fund management and investment advisory services to the ARCHEA Asia HERO Innovators Fund (www.heroinnovator.com), the only Asian SMID-cap tech-focused fund in the industry. KB is an internationally featured investor rooted in the principles of value investing for over a decade as a fund manager and analyst in the Asian capital markets who started his career at a boutique hedge fund in Singapore where he was with the firm since 2002 and was also part of the core investment committee in significantly outperforming the index in the 10-year-plus-old flagship Asian fund. He was also the portfolio manager for Asia-Pacific equities at Korea’s largest mutual fund company. Prior to setting up the H.E.R.O. Innovators Fund, KB was the Chief Investment Officer & CEO of a Singapore Registered Fund Management Company (RFMC) where he is responsible for listed Asian equity investments. KB had taught accounting at the Singapore Management University (SMU) as a faculty member and also pioneered the 15-week course on Accounting Fraud in Asia as an official module at SMU. KB remains grateful and honored to be invited by Singapore’s financial regulator Monetary Authority of Singapore (MAS) to present to their top management team about implementing a world’s first fact-based forward-looking fraud detection framework to bring about benefits for the capital markets in Singapore and for the public and investment community. KB also served the community in sharing his insights in writing articles about value investing and corporate governance in the media that include Business Times, Straits Times, Jakarta Post, Manual of Ideas, Investopedia, TedXWallStreet. He had also presented in top investment, banking and finance conferences in America, Italy, Sydney, Cape Town, HK, China. He has trained CEOs, entrepreneurs, CFOs, management executives in business strategy & business model innovation in Singapore, HK and China.

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