Risk & DD | Vetting

Vetting a JV Partner: Red Flags and Green Lights

A bad partner with a great agreement still ends in court. The single highest-leverage thing you can do before signing a JV is talk to people who have worked with the other side before. This page is the diligence checklist.

Red Flags — Walk Away

  • No track record on completed multiplex or similar scale projects
  • Evasive about previous project P&Ls or failed deals
  • Unwilling to provide references from past capital partners or lenders
  • Rushing to sign before lawyers have reviewed the LOI
  • Vague on the buy-sell, default, and dispute resolution sections
  • History of liens, judgments, or regulatory complaints (BC Registry, court records)
  • Demands personal guarantees from you without reciprocating
  • Wants to control both the GC contract and the sponsor role without oversight
  • Cannot explain the capital stack in one sitting without notes

Green Lights — Lean In

  • Completed at least one comparable project with a published outcome
  • Provides references that you can call without pre-approval
  • Walks you through a failed deal honestly
  • Open-book on fees, markups, and any related-party vendors
  • Has legal and accounting teams they have used for more than one project
  • Willing to sign a mutual NDA and non-circumvent without friction
  • Can articulate the downside case in plain numbers, not just the upside

Nine Diligence Questions to Ask Before Signing

1

Track Record

How many multiplex projects have you completed start-to-finish?

2

Track Record

Walk me through your worst project. What went wrong, what did you do, what was the outcome for partners?

3

References

Can I speak to two past capital partners and one past landowner partner without being pre-coached?

4

Financials

What is your personal financial position? Will you sign personal guarantees on this loan?

5

Financials

Do you have other active projects? If so, where is your cash and time going?

6

Legal History

Have you ever been named in a construction lien, builder dispute, or partnership dispute?

7

Operations

Who controls the construction draws? Who reviews them? Is there an independent QS?

8

Related Parties

Will any vendors on this project be owned or controlled by you or your family?

9

Exit

How have your prior projects exited? What did the waterfall actually pay each tier?

Best For

  • Anyone meeting a prospective JV partner for the first time
  • Capital partners building a vetting process
  • Sponsors assessing a landowner who might be hard to deal with

Usually Fails When

  • You only ask the questions on the upside scenario
  • You skip the reference calls
  • You sign before legal review

What To Verify Before Spending Money

  • You spoke to references the partner did not pre-coach
  • You searched BC court records for litigation history
  • Your gut and the data agree

Official Sources Referenced

Explore Your Lot's Joint Venture Potential

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