Commitments and Contingencies

Commitments and contingencies include typical obligations of homebuilders for the completion of contracts and those incurred in the ordinary course of business.

Warranty. The Company provides a limited warranty on all of its homes. The specific terms and conditions of these limited warranties vary depending upon the market in which the Company does business. The Company generally provides a structural warranty of 10 years, a warranty on electrical, heating, cooling, plumbing and other building systems each varying from two to five years based on geographic market and state law, and a warranty of one year for other components of the home. The Company estimates the costs that may be incurred under each limited warranty and records a liability in the amount of such costs at the time the revenue associated with the sale of each home is recognized. Factors that affect the Company’s warranty liability include the number of homes delivered, historical and anticipated rates of warranty claims, and cost per claim. The Company’s primary assumption in estimating the amounts it accrues for warranty costs is that historical claims experience is a strong indicator of future claims experience. The Company periodically assesses the adequacy of its accrued warranty liability, which is included in accrued expenses and other liabilities in its consolidated balance sheets, and adjusts the amount as necessary based on its assessment. The Company’s assessment includes the review of its actual warranty costs incurred to identify trends and changes in its warranty claims experience, and considers the Company’s construction quality and customer service initiatives and outside events. While the Company believes the warranty liability reflected in its consolidated balance sheets to be adequate, unanticipated changes in the legal environment, local weather, land or environmental conditions, quality of materials or methods used in the construction of its homes, or customer service practices could have a significant impact on its actual warranty costs in the future and such amounts could differ from the Company’s current estimates.

The changes in the Company’s warranty liability were as follows (in thousands):



	Nine Months Ended August 31,						Three Months Ended August 31,
	2012			2011			2012			2011
Balance at beginning of period	$	67,693		$	93,988		$	50,866		$	82,630
Warranties issued	5,263			3,236			2,290			1,255
Payments	(14,609		)	(20,483		)	(5,906		)	(6,012		)
Adjustments (a)	(11,021		)	(6,242		)	76			(7,374		)
Balance at end of period	$	47,326		$	70,499		$	47,326		$	70,499

(a)

The Company’s warranty adjustments for the nine months ended August 31, 2012 include $11.2 million of adjustments that were recorded to reflect the Company’s assessment of trends in its overall warranty claims experience on homes previously delivered. The Company's warranty adjustments for the nine months and three months ended August 31, 2011 include $7.4 million of adjustments that also resulted from the Company's assessment of trends in its overall warranty claims experience on homes previously delivered.

The Company’s overall warranty liability of $47.3 million at August 31, 2012 included $3.0 million for estimated remaining repair costs associated with 33 homes that have been identified as containing or suspected of containing allegedly defective drywall manufactured in China. These homes are located in Florida and were primarily delivered in 2006 and 2007. The Company’s overall warranty liability of $67.7 million at November 30, 2011 included $4.8 million for estimated remaining repair costs associated with 87 such identified affected homes. The decrease in the liability for estimated remaining repair costs associated with identified affected homes during the nine months ended August 31, 2012 reflected the lower number of identified affected homes with unresolved repairs at August 31, 2012 compared to November 30, 2011. During the nine months ended August 31, 2012, the Company resolved repairs on 56 identified affected homes and identified two additional affected homes. For these purposes, the Company considers repairs for identified affected homes to be “resolved” when all repairs are complete and all repair costs are fully paid. Repairs for identified affected homes are considered “unresolved” if repairs are not complete and/or there are repair costs remaining to be paid.

During the nine months ended August 31, 2012 and 2011, the Company paid $2.7 million and $11.8 million, respectively, to repair identified affected homes, and estimated its additional repair costs with respect to identified affected homes to be $.9 million and $6.3 million, respectively. Since first identifying affected homes in 2009, the Company has identified a total of 469 affected homes and has resolved repairs on 436 of those homes through August 31, 2012. As of August 31, 2012, the Company has paid $43.2 million of the total estimated repair costs of $46.2 million associated with identified affected homes. The Company believes that it has identified substantially all potentially affected homes and anticipates it will receive only nominal additional claims in future periods.

As of August 31, 2012, the Company has been named as a defendant in 10 lawsuits relating to the allegedly defective drywall material. Seven of these lawsuits are “omnibus” class actions purportedly filed on behalf of numerous homeowners asserting claims for damages against drywall manufacturers, homebuilders and other parties in the supply chain of the allegedly defective drywall material. The Company is also a defendant in two lawsuits brought in Florida state court and one lawsuit brought in Louisiana federal court in each case by individual homeowners. On May 31, 2012, a global settlement of claims relating to the allegedly defective drywall material, including those brought against the Company, was preliminarily approved by the federal court judge overseeing a multidistrict litigation case — In re: Chinese Manufactured Drywall Products Liability Litigation (MDL-2047). A fairness hearing on the preliminary global settlement has been set for November 13, 2012. If the global settlement is finally approved and is accepted by all parties in its current form, it will resolve all current claims against the Company and bar any future claims against all participating defendants, including the Company, related to the allegedly defective drywall material. In such an outcome, the Company's total costs arising from the global settlement would not be material to its consolidated financial statements, and it may be entitled to recover certain amounts for repairs it made to homes affected by the allegedly defective drywall material. If any of the plaintiffs in the current lawsuits against the Company opt out of the global settlement, the Company would continue to defend itself in those cases. Given the current stage of the proceedings, the Company has not determined whether the outcome of any such plaintiff's lawsuit would be material to the Company's consolidated financial statements.

The Company intends to seek and is undertaking efforts, including legal proceedings, to obtain reimbursement from various sources, including suppliers and insurers, for the costs it has incurred or expects to incur to investigate and complete repairs and to defend itself in litigation associated with the allegedly defective drywall material. Given uncertainties in the potential outcomes of these efforts, some of which may involve pursuing claims in international forums, the Company has not recorded any amounts for potential future recoveries as of August 31, 2012, except as described below.

In assessing its overall warranty liability, the Company evaluates the costs related to identified homes affected by the allegedly defective drywall material and other home warranty-related items on a combined basis. Based on its assessments, the Company determined that its overall warranty liability at each reporting date was sufficient with respect to the Company’s then-estimated remaining repair costs associated with identified affected homes and its overall warranty obligations on homes delivered. In light of these assessments, the Company did not incur charges in its consolidated statements of operations for the three months and nine months ended August 31, 2012 or August 31, 2011 with respect to repair costs associated with identified affected homes. Additionally, based on the Company’s assessment of trends in its warranty claims experience, the Company recorded favorable warranty adjustments of $11.2 million and $7.4 million as reductions to construction and land costs in its consolidated statements of operations during the nine months ended August 31, 2012 and August 31, 2011, respectively. The overall warranty liability has decreased in part because of the payments the Company has made to resolve repairs on identified affected homes and the Company's belief that it has identified substantially all potentially affected homes, and in part due to the decrease in the number of homes the Company has delivered over the past several years.

The Company has tendered claims with its liability insurance carriers, seeking reimbursement of costs the Company has incurred to make repairs on and to handle claims with respect to previously delivered homes, including homes affected by the allegedly defective drywall material. During the three months ended August 31, 2012, the Company recognized an insurance recovery of $16.5 million as a reduction to construction and land costs in its consolidated statements of operations, representing the probable amount the Company expects to receive from one of its insurance carriers for a portion of the claims the Company tendered to the carrier. The Company expects to receive the cash from this insurance recovery in the fourth quarter of 2012 and has reflected the $16.5 million as a receivable in its consolidated balance sheet at August 31, 2012. During the three months ended May 31, 2012, the Company recognized an insurance recovery of $10.0 million as a reduction to construction and land costs in its consolidated statements of operations, representing an amount the Company received from the insurance carrier for a portion of the claims the Company tendered to the carrier. While its discussions and negotiations with insurance carriers are ongoing, the Company has not recorded amounts for potential future recoveries from the carriers as of August 31, 2012, other than the $16.5 million.

Guarantees. In the normal course of its business, the Company issues certain representations, warranties and guarantees related to its home sales and land sales that may be affected by Accounting Standards Codification Topic No. 460, “Guarantees.” Based on historical evidence, the Company does not believe any potential liability with respect to these representations, warranties or guarantees would be material to its consolidated financial statements.

Insurance. The Company has, and requires the majority of its subcontractors to have, general liability insurance (including construction defect and bodily injury coverage) and workers’ compensation insurance. These insurance policies protect the Company against a portion of its risk of loss from claims related to its homebuilding activities, subject to certain self-insured retentions, deductibles and other coverage limits. In Arizona, California, Colorado and Nevada, the Company’s general liability insurance takes the form of a wrap-up policy, where eligible subcontractors are enrolled as insureds on each project. The Company self-insures a portion of its overall risk through the use of a captive insurance subsidiary. The Company records expenses and liabilities based on the estimated costs required to cover its self-insured retention and deductible amounts under its insurance policies, and the estimated costs of potential claims and claim adjustment expenses that are above its coverage limits or that are not covered by its policies. These estimated costs are based on an analysis of the Company’s historical claims experience and include an estimate of construction defect claims incurred but not yet reported. The Company’s estimated liabilities for such items were $93.0 million at August 31, 2012 and $94.9 million at November 30, 2011. These amounts are included in accrued expenses and other liabilities in the Company’s consolidated balance sheets. The Company’s expenses associated with self-insurance totaled $1.2 million for the three months ended August 31, 2012 and $2.1 million for the three months ended August 31, 2011. For the nine months ended August 31, 2012 and 2011, the Company’s expenses associated with self-insurance totaled $5.8 million and $6.7 million, respectively. These expenses were largely offset by contributions from subcontractors participating in the wrap-up policy.

Performance Bonds and Letters of Credit. The Company is often required to provide to various municipalities and other government agencies performance bonds and/or letters of credit to secure the completion of its projects and/or in support of obligations to build community improvements such as roads, sewers, water systems and other utilities, and to support similar development activities by certain of its unconsolidated joint ventures. At August 31, 2012, the Company had $290.9 million of performance bonds and $45.2 million of letters of credit outstanding. At November 30, 2011, the Company had $361.6 million of performance bonds and $63.8 million of letters of credit outstanding. If any such performance bonds or letters of credit are called, the Company would be obligated to reimburse the issuer of the performance bond or letter of credit. The Company does not believe that a material amount of any currently outstanding performance bonds or letters of credit will be called. Performance bonds do not have stated expiration dates. Rather, the Company is released from the performance bonds as the underlying performance is completed. The expiration dates of some letters of credit issued in connection with community improvements coincide with the expected completion dates of the related projects or obligations. Most letters of credit, however, are issued with an initial term of one year and are typically extended on a year-to-year basis until the related performance obligations are completed.

Land Option Contracts. In the ordinary course of its business, the Company enters into land option contracts and other similar contracts to procure rights to purchase land parcels for the construction of homes. At August 31, 2012, the Company had total deposits of $29.8 million, comprised of $29.3 million of cash deposits and $.5 million of letters of credit, to purchase land having an aggregate purchase price of $599.0 million. The Company’s land option contracts and other similar contracts generally do not contain provisions requiring the Company’s specific performance.