XML 114 R20.htm IDEA: XBRL DOCUMENT v2.4.1.9
Note 13 - Commitments and Contingencies
12 Months Ended
Dec. 31, 2014
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies Disclosure [Text Block]
13.  
Commitments and Contingencies

Employment Agreements

At December 31, 2014, the Company’s Chief Executive Officer, its Executive Vice Presidents and certain executive officers of its subsidiaries had employment agreements which provided for payments of annual salary, deferred salary, incentive compensation and certain benefits if their employment is terminated without cause. The Company has also entered into change of control agreements with certain officers providing for additional payments in the event that their employment is terminated without cause just before or within two years after a change of control of the Company.

Self-Insurance

The Company is self-insured for employee health claims. Its policy is to accrue the estimated liability for known claims and for estimated claims that have been incurred but not reported as of each reporting date. In order to reduce the Company’s exposure to large health claims, it has obtained stop-loss coverage for the policy period as follows:

·
Coverage for medical and prescription drug claim amounts in excess of $55,000 for RLW and JBC, and $95,000 for all other entities, for each insured person within a plan year.

·
Combined coverage for medical and prescription drug claim amounts in excess of $5.2 million within a plan year.

For the years ended December 31, 2014, 2013 and 2012, the Company incurred $2.2 million, $2.4 million, and $2.0 million, respectively, in claim expenses related to this plan.

The Company and its subsidiaries are also self-insured for workers’ compensation, general liability, and auto claims up to $250,000, $250,000 and $50,000 per occurrence, respectively, with a maximum aggregate liability of $4.2 million combined casualty losses per year.

The Company’s policy is to accrue the estimated liability for known claims and for estimated workers compensation, employee health, general liability and other claims that have been incurred but not reported as of each reporting date. At December 31, 2014 and 2013, the Company had recorded an estimated liability of $2.8 million and $1.7 million, respectively, which it believes is adequate for such claims based on its claims history and actuarial studies. The Company has a safety and training program in place to help prevent accidents and injuries and works closely with its employees and the insurance company to monitor all claims.

The Company is required by our insurance provider to obtain and hold a standby letter of credit that serves as a guarantee by our lender to pay our insurance provider the incurred claim costs attributable to our general liability, workers compensation and automobile liability claims, up to the amount stated in the standby letter of credit, in the event that these claims were not paid by the Company. If ever demanded, the standby letter of credit would be drawn against our Credit Facility and as a result, reduces our current credit availability. Historically, this standby letter of credit has not been drawn upon. Refer to Note 11 for the amount held in our standby letter of credit at December 31, 2014 and 2013.

Guarantees

The Company obtains bonding on construction contracts through Travelers Casualty and Surety Company of America (“Travelers”). As is customary in the construction industry, the Company indemnifies Travelers for any losses incurred by it in connection with bonds that are issued. The Company has granted Travelers a security interest in accounts receivable and contract rights for that obligation.

The Company typically indemnifies contract owners for claims arising during the construction process and carries insurance coverage for such claims, which in the past have not been material.

The Company’s Certificate of Incorporation provides for indemnification of its officers and directors. The Company has a directors and officers insurance policy that limits their exposure to litigation against them in their capacities as such.

Litigation

In January 2010, a jury trial was held to resolve a dispute between RHB and a subcontractor. The jury rendered a verdict of $1.0 million against RHB, exclusive of interest, court costs and attorney’s fees. The Company recorded this verdict as an expense in the year ended December 31, 2009, but appealed this judgment. The appeal was heard by the Nevada Supreme Court, and during the quarter ended September 30, 2012, the Court upheld the original verdict against RHB. The Company recorded additional expense of $156,000 during that same period to cover court costs and attorney’s fees. Payment for the total judgment, court costs and attorney’s fees was made in October 2012, and this matter is now resolved in its entirety. There are no significant unresolved legal issues as of December 31, 2014.

The Company is the subject of certain other claims and lawsuits occurring in the normal course of business. Management, after consultation with legal counsel, does not believe that the outcome of these other actions will have a material impact on the financial statements of the Company.

Purchase Commitments

To manage the risk of changes in material prices and subcontracting costs used in tendering bids for construction contracts, most of the time, we obtain firm quotations from suppliers and subcontractors before submitting a bid. These quotations do not include any quantity guarantees. As soon as we are advised that our bid is the lowest, we enter into firm contracts with most of our materials suppliers and sub-contractors, thereby mitigating the risk of future price variations affecting the contract costs.