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Commitments and Contingencies
12 Months Ended
Dec. 31, 2018
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies

NOTE 14 – COMMITMENTS AND CONTINGENCIES

Accrued General Liability

Accrued general insurance reserves included on the Consolidated Balance Sheets were as follows (in thousands):

 

     As of December 31,  
     2018      2017  

Included in other current liabilities

   $ 1,848      $ 2,033  

Included in other long-term liabilities

     6,608        7,073  
  

 

 

    

 

 

 
   $ 8,456      $ 9,106  
  

 

 

    

 

 

 

 

We also had insurance receivables and an indemnification asset included on the Consolidated Balance Sheets that, in aggregate, offset an equal liability included within the reserve amounts noted above. The amounts were as follows (in thousands):

 

     As of December 31,  
     2018      2017  

Insurance receivable and indemnification asset for claims under a fully insured policy

   $ 2,484      $ 2,773  

Insurance receivable for claims that exceeded the stop loss limit

     53        2  
  

 

 

    

 

 

 

Total insurance receivables included in other non-current assets

   $ 2,537      $ 2,775  
  

 

 

    

 

 

 

Leases

We are obligated under capital leases covering vehicles and certain equipment. The vehicle and equipment leases generally have initial terms ranging from four to six years. Total assets relating to capital leases were approximately $58.7 million and $63.4 million as of December 31, 2018 and 2017, respectively, and a total of approximately $32.0 million and $26.8 million were fully depreciated as of December 31, 2018 and 2017, respectively. The net book value of assets under capital leases was approximately $9.5 million and $13.0 million as of December 31, 2018 and 2017, respectively. Amortization of assets held under capital leases is included within cost of sales on the Consolidated Statements of Operations and Comprehensive Income.

We also have several noncancellable operating leases, primarily for buildings, improvements, equipment and certain vehicles. These leases generally contain renewal options for periods ranging from one to five years and require us to pay all executory costs such as property taxes, maintenance and insurance.

Future minimum lease payments under noncancellable operating leases (with initial or remaining lease terms in excess of one year) and future minimum capital lease payments as of December 31, 2018 are as follows (in thousands):

 

     Capital Leases     Operating Leases  
           Related Party      Other      Total Operating  

2019

   $ 5,207     $ 1,159      $ 14,418      $ 15,577  

2020

     2,253       1,184        11,293        12,477  

2021

     1,339       1,058        7,014        8,072  

2022

     452       972        4,335        5,307  

2023

     93       51        2,613        2,664  

Thereafter

     —         —          4,695        4,695  
  

 

 

   

 

 

    

 

 

    

 

 

 
     9,344     $ 4,424      $ 44,368      $ 48,792  
    

 

 

    

 

 

    

 

 

 

Less: Amounts representing executory costs

     (255        

Less: Amounts representing interest

     (459        
  

 

 

         

Total obligation under capital leases

     8,630          

Less: Current portion of capital leases

     (4,806        
  

 

 

         

Long term capital lease obligation

   $ 3,824          
  

 

 

         

 

Total rent expense under these operating leases, which is included in the Consolidated Statements of Operations and Comprehensive Income, was as follows (in thousands):

 

     Years ended December 31,  
     2018      2017      2016  

Cost of Sales

   $ 546      $ 813      $ 848  

Administrative

     16,693        14,310        10,732  
  

 

 

    

 

 

    

 

 

 

Total

   $ 17,239      $ 15,123      $ 11,580  
  

 

 

    

 

 

    

 

 

 

Other Commitments and Contingencies

From time to time, various claims and litigation are asserted or commenced against us principally arising from contractual matters and personnel and employment disputes. In determining loss contingencies, management considers the likelihood of loss as well as the ability to reasonably estimate the amount of such loss or liability. An estimated loss is recorded when it is considered probable that such a liability has been incurred and when the amount of loss can be reasonably estimated. As litigation is subject to inherent uncertainties, we cannot be certain that we will prevail in these matters. However, we do not believe that the ultimate outcome of any pending matters will have a material adverse effect on our consolidated financial position, results of operations or cash flows.

During the year ended December 31, 2018, we entered into an agreement with one of our suppliers to purchase a portion of the insulation materials we utilize across our business. This agreement is effective January 1, 2019 through December 31, 2021 with a purchase obligation of $16.4 million for 2019, $21.4 million for 2020 and $15.0 million for 2021. Additionally, we entered into an agreement with a chemical supplier with a purchase obligation of $0.6 million in 2019.