Annual report pursuant to Section 13 and 15(d)

Commitments and Contingencies

v3.19.1
Commitments and Contingencies
12 Months Ended
Dec. 31, 2018
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies Disclosure [Text Block]
Note 14 – Commitments and Contingencies
 
Leases.
Operating leases consist primarily of leases for real property and equipment. These leases frequently include renewal options, escalation clauses, and require the Company to pay certain occupancy expenses. Lease expense was $4.8 million for the year ended December 31, 2018 and $4.3 million for the year ended December 31, 2017.
 
Capital leases consist primarily of leases for vehicles (see Note 9 – Debt in the Notes to Consolidated Financial Statements). The leases are collateralized by the vehicles and require monthly payments of principal and interest. All leases transfer title at lease end for a nominal cash buyout.
  
The approximate future minimum payments under capital leases and non-cancelable operating leases are as follows as of December 31, 2018:
 
Year ending December 31:
 
Capital
Leases
 
 
Operating

Leases
 
2019
 
$
2,270
 
 
$
4,323
 
2020
 
 
1,781
 
 
 
4,193
 
2021
 
 
1,214
 
 
 
4,203
 
2022
 
 
600
 
 
 
4,140
 
2023
 
 
12
 
 
 
2,803
 
Thereafter
 
 
-
 
 
 
5,411
 
Total minimum lease payments
 
 
5,877
 
 
$
25,073
 
Amounts representing interest
 
 
(732
)
 
 
 
 
Present value of net minimum lease payments
 
$
5,145
 
 
 
 
 
 
Legal.
The Company is continually engaged in administrative proceedings, arbitrations, and litigation with owners, general contractors, suppliers, and other unrelated parties, all arising in the ordinary courses of business. In the opinion of the Company’s management, the results of these actions will not have a material adverse effect on the financial position, results of operations, or cash flows of the Company.
 
LFS and Harper, wholly owned subsidiaries of the Company, are parties to a lawsuit involving a Harper employee who was alleged to be in the course and scope of his employment at the time the personal car he was operating collided with another car causing injuries to three persons and one fatality. During the course of the litigation, the plaintiffs made settlement demands within LFS and Harper’s insurance coverage limits. On or about October 12, 2018, the plaintiffs agreed to settle and dismiss the lawsuit in exchange for an aggregate payment of $30.0 million from LFS and Harper, which amounts will be paid entirely by the Company’s insurance carriers. The Company will not have any monetary exposure. The $30.0 million amounts due from the Company’s insurance carriers and due to the plaintiffs have been included in the captions labeled as Other current assets and Accrued expenses and other current liabilities, respectively, in the Consolidated Balance Sheet as of December 31, 2018 and were subsequently paid in February 2019. See also Note 20 – Subsequent Events in the Notes to Consolidated Financial Statements.
 
Surety.
The terms of our construction contracts frequently require that we obtain from surety companies, and provide to our customers, payment and performance bonds (“Surety Bonds”) as a condition to the award of such contracts. The Surety Bonds secure our payment and performance obligations under such contracts, and we have agreed to indemnify the surety companies for amounts, if any, paid by them in respect of Surety Bonds issued on our behalf. In addition, at the request of labor unions representing certain of our employees, Surety Bonds are sometimes provided to secure obligations for wages and benefits payable to or for such employees. Public sector contracts require Surety Bonds more frequently than private sector contracts, and accordingly, our bonding requirements typically increase as the amount of public sector work increases. As of December 31, 2018, we had approximately $134.2 million in Surety Bonds outstanding. The Surety Bonds are issued by surety companies in return for premiums, which vary depending on the size and type of bond.
  
Collective Bargaining Agreements.
Many of the Company’s craft labor employees are covered by collective bargaining agreements. The agreements require the Company to pay specified wages, provide certain benefits, and contribute certain amounts to multi-employer pension plans. If the Company withdraws from any of the multi-employer pension plans or if the plans were to otherwise become underfunded, the Company could incur additional liabilities related to these plans. Although the Company has been informed that some of the multi-employer pension plans to which it contributes have been classified as “critical” status, the Company is not currently aware of any significant liabilities related to this issue. See Note 18 – Multiemployer Pension Plans in the Notes to Consolidated Financial Statements for further discussion.