Is Unregulated Alternative Debt Ruining the Construction Sector?
Key Highlights
- Many legacy construction firms are succumbing to bankruptcy due to heavy liabilities from unregulated merchant cash advances, not operational failures
- Tightening traditional lending standards have pushed firms toward high-cost alternative lenders, often leading to cash flow crises and insolvency
- Merchant cash advances are structured as receivables purchases, allowing lenders to bypass regulations and impose triple-digit annualized costs on borrowers
- Automated daily repayments from MCAs can quickly deplete operating accounts, especially when construction firms face delayed payments from clients or municipal agencies
Across the United States, an unfortunate trend may be quietly accelerating. Established, deeply entrenched construction firms are sliding into Chapter 11 bankruptcy at an alarming rate.
Mulford Construction Co. (March 2026): According to a March 2026 bankruptcy case summary, Mulford Construction, established in 1976, generated more than $56 million in annual revenue before filing for Chapter 11 after taking on multiple merchant cash advances (MCAs) to bridge a project delay. The filing states that automated withdrawals from those lenders ultimately consumed nearly 40% of the company's daily revenue, making it impossible to fund payroll.
RMG Erectors & Constructors (April 2026): A New Jersey-based operation running successfully since 2000, recently filed Chapter 11 with over 100 creditors listed.
Craft Construction Company LLC (May 2026): A 15-year-old Florida-based firm with over $7 million in debt, filed for bankruptcy protection.
LMC Construction Inc. (June 2026): A decade-old Illinois masonry contractor, also succumbed to the liquidity crunch.
These are not fragile startups testing an unproven market. These are legacy operations with experienced crews, heavy equipment, and established civic and commercial contracts. So why are they suddenly falling apart?
A look at their Chapter 11 creditor matrices reveals the likely culprit. Sitting right next to traditional bank claims are heavy liabilities owed to alternative lenders. These legacy companies became overwhelmed by MCAs, an under-regulated sector of commercial financing.
The Catalyst: A Dwindling Supply of Traditional Funding
To understand why established operators are turning to this type of alternative commercial debt, you must look at the current credit environment. Business owners in 2026 are being squeezed by a severe liquidity gap.
For years, the construction industry's growth was fueled by a surplus of cheap, accessible capital. But the economic tides have turned. While many construction firms are seeing steady revenue growth, traditional commercial lenders have significantly tightened their lending standards.
Consequently, large-scale, low-interest operational funding has become incredibly difficult to secure.
When a contractor hits a cash-flow crunch, such as waiting on a delayed net-60 municipal payout while Friday's payroll looms, the instinct is to look outward for funding. Backed into a corner by the limited traditional financing options, owners often make the shortsighted choice to accumulate multiple small, high-cost MCAs to support ongoing business operations.
The Regulatory Void
The core of the problem lies in a regulatory loophole. Merchant Cash Advances are generally not legally classified as loans. Instead, they are structured as a purchase of future receivables. This distinction allows alternative lenders to bypass state usury laws, traditional banking regulations, and standard marketing restrictions of the financial sector in many instances.
Without APR caps or standardized underwriting oversight, these short-term advances often carry what are effectively annualized costs well into the triple digits. Worse, the repayment mechanism isn't a manageable monthly bill. It’s an automated daily or weekly withdrawal taken directly from the business’s operating account.
The construction industry is inherently cyclical. When an MCA lender begins extracting fixed daily remittances regardless of when the business actually gets paid by its general contractors, the operating account can become depleted quickly. Unable to buy Monday's materials, the owner may feel like taking out a second or a third advance just to survive is their only choice. For a construction company, this math leads to a debt that can be near impossible to overcome.
This breakdown of financial stability has become a central conversation among business ethics advocates. At this year’s Better Business Bureau Torch Awards in South Florida, MCAs were a major topic. Kirk Gimenez, a financial literacy advocate and a Senior Vice President at Brickell Capital Finance, hosted the ceremony and has been closely monitoring how this unregulated environment is impacting business owners across the country.
“Make no mistake, an MCA can absolutely cost you your business. They are aggressively marketed as traditional loans, but in reality, they are advances on your future sales,” said Gimenez. “That distinction is how they get away with daily or weekly withdrawals that can completely suffocate your cash flow, and carrying costs that can easily top 120% annually. But the worst part isn't just the immediate price tag. It's the fact that the second you sign an MCA, your balance sheet is compromised. You become virtually unbankable in the eyes of traditional banks, the SBA, and reputable alternative lenders.”
The Internal Culprit: Improper Cash Flow Management
While the lack of regulation is a real problem, we must also address why sophisticated operators take MCAs in the first place.
The downward spiral rarely starts with a massive operational failure. Instead, it usually starts with a temporary liquidity gap and a lack of internal financial discipline. To bridge the gap, owners make the misguided decision of attempting to solve a structural cash flow problem with high-friction, expensive MCA debt.
Keith Luu, CPA, CCIFP, and a Partner at KSDT that works closely with construction clients, has seen this pattern play out again and again.
"The construction firms we see in distress almost never have a cash flow problem in isolation," said Luu. "They have an information problem. Job costing systems that lag by weeks, accounting structures that mix overhead across projects, and financials that get reconciled quarterly instead of monthly leave owners flying blind. A MCA looks like a fast answer because the business does not have fast, accurate numbers telling it what is actually happening."
To protect their enterprises, construction executives must look inward for efficiency rather than outward for debt. Here are the core best practices every operator should implement:
1. Divorce Revenue from Liquidity: One of the most dangerous metrics in the construction business is recognized revenue. You cannot pay your subcontractors with an invoice. Implementing a strict rolling 13-week cash flow forecast can provide greater visibility into when cash is expected to enter and leave the business. For example, if a massive new contract is expected to create a negative cash position in week four because of upfront material costs, you can reevaluate the payment schedule or pass on the project. Growth without liquidity is just accelerated insolvency.
2. Trade Ego for Vendor Transparency: When cash gets tight, a panicked owner's first instinct is often to borrow money to pay their suppliers on time, fearing a loss of reputation. However, this tends to be the wrong move. Your vendors have a vested interest in your survival; an alternative lender does not. Communicating with your suppliers before cash flow challenges arise and discussing extended payment terms with transparency rather than taking on additional daily-payment debt to hide the distress can help preserve your business’s cash.
3. Build an Untouchable War Chest: Operating a capital-intensive business with limited available cash may amplify the impact of unexpected operational challenges. Every construction firm faces exogenous headwinds: excavators break down, weather halts progress, and clients default. Depending on individual business circumstances, some business owners choose to allocate a portion of gross profit to a separate operating reserve account until they have accumulated three to six months of core operating expenses. An operating reserve can be the ultimate defense against unpredictable project delays.
Reversing the Bankruptcy Trend
Using short-term, high-cost debt to fund long-term operational needs is a mathematical sinkhole. The surge in construction bankruptcies may be a glaring warning sign, but this devastating trend is not irreversible. Slowing the collapse of these legacy businesses requires a unified, two-front approach.
First, the industry must push for legislative transparency while leaning heavily on its ethical advisory networks. Construction operators should proactively engage CPAs for structural planning and consult business debt settlement specialists to restructure toxic MCA liabilities before Chapter 11 becomes the only option.
Second, until regulatory frameworks catch up, the ultimate burden of protection falls on the business owner. Reversing this trend means acknowledging that true operational stability does not come from a magical spike in sales. It comes from the unglamorous, disciplined, daily management of cash inflows and outflows.
By treating liquidity with the same intensity as project bidding and refusing to mask cash-flow problems with high-cost debt, construction owners can stop putting out fires and ensure the companies they’ve built can survive for decades to come.
About the Author
Nathan Mor
Nathan Mor is Director of Settlement Operations at Coastal Debt Resolve, where he has helped more than 500 small business owners navigate the debt resolution process. With nearly a decade of experience in financial services, he specializes in helping entrepreneurs overcome financial challenges and regain control of their businesses.
