123-021-3300 Construction Loan Insurance Program (1) Under Construction Loan Insurance, the Department may insure: (a) Up to 80 percent of the original principal amount of a construction loan, provided that the Department's maximum liability for any Deficiency due to a Material Adverse Change under the Construction Loan Insurance is the lesser of $6,000,000 or the product of the Authorized Loan Amount multiplied by the insured percentage. (b) A term of one year unless otherwise approved by the Department. Terms greater than one year may be granted at the sole discretion of the Department. Terms that exceed one year shall be subject to an additional premium based upon the maximum construction loan insurance exposure for each additional year approved. Terms of the Construction Loan Insurance shall be approved based upon the proposed construction schedule accepted by the Financial Institution which may be for less than a full year, provided that the Construction Loan Insurance premium shall not be pro-rated for a portion of a year. (c) Owner-occupied commercial projects as determined by a minimum of 60 percent occupancy by the Borrower or affiliate of the Borrower. (2) A maximum loan to value of 90 percent shall be allowed for commercial or industrial-use properties based upon the lesser of the actual project cost or as-complete appraised value. For single and limited-use properties, or if significant site development is required, a lower advance rate may apply as determined at the sole discretion of the Department. (3) The following projects and activities are ineligible for Construction Loan Insurance: (a) Single-family, multi-family, mixed-use and all other forms of non-commercial or non-industrial real estate; (b) Speculative commercial or industrial real estate developments; and (c) Reimbursements to any owner, including any equity investment or investment of capital for the business’ continuance. (4) To issue Construction Loan Insurance, the Department must determine that the Financial Institution is sufficiently experienced and capable of monitoring the construction loan process effectively. To be considered for approval, in addition to requirements for Conventional Insurance, a complete construction loan application and the Financial Institution’s approved credit display must include or demonstrate, as applicable, the following: (a) A signed copy of the fixed price construction contract and budget. Loans financing time and materials contracts are ineligible for insurance; (b) An arm’s length relationship between the Borrower and general contractor; (c) Construction to be performed by a general contractor that is licensed, adequately bonded and in good standing with the Oregon Construction Contractor’s Board. For general contractors with less than three years of comparable commercial or industrial contracting experience, a payment and performance bond shall be required; (d) At least five percent retainage to be withheld from the general contractor out of each draw until completion; (e) Soft costs that are incurred by the Borrower more than one year before the Financial Institution’s credit approval date are excluded from the total construction project amount; (f) A minimum construction contingency commensurate with the type of project, and acceptable to the Department; (g) Borrower’s equity in the project prior to origination of the construction loan; (h) If land is acquired as part of the loan, that construction will commence within 9 months of acquisition; and (i) An executed, binding loan commitment for permanent financing, as a separate credit facility, from the Financial Institution seeking Construction Loan Insurance. (5) In addition to requirements for loans insured with Conventional Insurance, loans insured with Construction Loan Insurance will be subject to periodic reporting on the construction project and interim financial statements for the Borrower(s) and guarantors. Statutory/Other Authority: ORS 285A.075 & ORS 285B.200 - ORS 285B.218 Statutes/Other Implemented: ORS 285B.200 - ORS 285B.218 History: OBDD 2-2024, adopt filed 03/06/2024, effective 03/08/2024 OBDD 28-2023, temporary adopt filed 10/13/2023, effective 10/13/2023 through 04/05/2024