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Commitments and Contingencies | 9 Months Ended
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Sep. 30, 2013
Commitments and Contingencies |
Commitments and Contingencies | 5. Commitments and Contingencies Letters of Credit As of September 30, 2013, the Company had an outstanding irrevocable standby letter of credit of $17.5 million related to the Company’s payment obligation under its insurance programs. As of December 31, 2012, the Company had $19.7 million in outstanding irrevocable standby letters of credit, including one for $17.5 million related to the Company’s payment obligation under its insurance programs and another for approximately $2.2 million related to contract performance obligations. Leases The Company leases real estate, construction equipment and office equipment under operating leases with remaining terms ranging from one to seven years. As of September 30, 2013, future minimum lease payments for operating leases were as follows: $0.7 million for the remainder of 2013, $1.7 million for 2014, $0.8 million for 2015, $0.4 million for 2016, $0.3 million for 2017 and $0.4 million thereafter. Purchase Commitments for Construction Equipment As of September 30, 2013, the Company had approximately $0.8 million in outstanding purchase orders for certain construction equipment with cash outlay requirements scheduled to occur over the next two months. Insurance and Claims Accruals The Company carries insurance policies, which are subject to certain deductibles, for workers’ compensation, general liability, automobile liability and other coverages. The deductible for each line of coverage is $1.0 million until the claim aggregate has been met. Once a policy’s claim aggregate for workers compensation and general liability is reached per line of coverage, the deductible for that policy is reduced to $0.5 million per claim. Certain of the Company’s health insurance benefit plans are subject to a $0.1 million deductible for qualified individuals. Losses up to the stop loss amounts are accrued based upon the Company’s estimates of the ultimate liability for claims reported and an estimate of claims incurred but not yet reported. The insurance and claims accruals are based on known facts, actuarial estimates and historical trends. While recorded accruals are based on the ultimate liability, which includes amounts in excess of the stop loss deductible, a corresponding receivable for amounts in excess of the stop loss deductible is included in current assets in the consolidated balance sheets. Surety Bonds In certain circumstances, the Company is required to provide performance bonds in connection with its future performance on contractual commitments. The Company has indemnified its surety for any expenses paid out under these performance bonds. As of September 30, 2013, an aggregate of approximately $901.1 million in original face amount of bonds issued by the surety were outstanding. Our estimated remaining cost to complete these bonded projects was approximately $236.7 million as of September 30, 2013. Indemnities From time to time, pursuant to its service arrangements, the Company indemnifies its customers for claims related to the services it provides under those service arrangements. These indemnification obligations may subject the Company to indemnity claims and liabilities and related litigation. The Company is not aware of any material unrecorded liabilities for asserted claims in connection with these indemnification obligations. Multi-employer Pension Plans Many of the Company’s subsidiaries’ field labor employees are covered by collective bargaining agreements. The agreements require the subsidiaries to pay specified wages, provide certain benefits and contribute certain amounts to multi-employer pension plans. If a subsidiary withdraws from any of the multi-employer pension plans or if the plans were to otherwise become underfunded, the subsidiary could be assessed liabilities for additional contributions related to the underfunding of these plans. Although the Company has been informed that some of the multi-employer pension plans to which its subsidiaries contribute have been labeled with a “critical” status, the Company is not currently aware of any potential significant liabilities related to this issue. Litigation and Other Legal Matters The Company is from time-to-time party to various lawsuits, claims, and other legal proceedings that arise in the ordinary course of business. These actions typically seek, among other things, compensation for alleged personal injury, breach of contract and/or property damages, punitive damages, civil penalties or other losses, or injunctive or declaratory relief. The Company is routinely subject to other civil claims, litigation and arbitration, and regulatory investigations arising in the ordinary course of our present business as well as in respect of our divested businesses. These claims, lawsuits and other proceedings include claims related to the Company’s current services and operations, as well as our historic operations. With respect to all such lawsuits, claims and proceedings, the Company records reserves when it is probable that a liability has been incurred and the amount of loss can be reasonably estimated. The Company does not believe that any of these proceedings, separately or in the aggregate, would be expected to have a material adverse effect on the Company’s financial position, results of operation or cash flows. In November 2009, a subcontractor working for The L.E. Myers Co. (“L.E. Myers”), a subsidiary of the Company, was involved in a vehicular traffic accident in Manatee County, Florida. Following a jury trial in September 2013, a verdict was entered against L.E. Myers, which included compensatory and punitive damages. The trial court subsequently issued a proposed judgment against L.E. Myers for approximately $0.7 million in compensatory damages and $3.6 million in punitive damages. L. E. Myers has raised objections to this proposed judgment in its entirety, including a motion to reduce the punitive damages to no more than three times the compensatory damages or approximately $2.0 million, which the Company believes is supported by Florida law. The Company intends to continue to defend its positions through the post trial and, if necessary, appeal processes. Should any compensatory damages stand after post trial motions or appeal, if necessary, they will be covered under the Company’s insurance. As a result of the proposed punitive damages judgment and the Company’s belief regarding the applicability of the limitations on punitive damages under Florida law, the Company recorded a legal reserve of $2.3 million during the third quarter of 2013, which represents punitive damages, interest, and the cost of an appeal bond. In January 2013, our subsidiary, L.E. Myers, was joined as a defendant in Northern States Power Company (Wisconsin) v. The City of Ashland, Wisconsin et al., filed in the U.S. District Court for the Western District of Wisconsin. The plaintiff’s lawsuit alleges that L.E. Myers may have constructed or operated a manufactured gas plant that contributed to contamination at a site in Ashland, Wisconsin at some time during the time frame from 1885 to 1947 and that the plaintiff is entitled to payment for certain costs it has incurred in connection with the contamination at the site. This proceeding is subject to many uncertainties and to outcomes that are not predictable and therefore potential liability, if any, cannot be estimated at this time.

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