XML 41 R24.htm IDEA: XBRL DOCUMENT v3.3.1.900
Commitments and Contingencies
12 Months Ended
Dec. 31, 2015
Commitments and Contingencies  
Commitments and Contingencies

18.Commitments and Contingencies

 

Legal Proceedings

 

The Company is from time to time involved in various disputes, lawsuits, warranty claims, environmental and other matters arising in the ordinary course of its business. Management makes assumptions and estimates concerning the likelihood and amount of any potential loss relating to these matters.

 

The Company currently is a party to various legal proceedings, none of which management expects will have a material adverse effect on the Company’s financial position, results of operations or liquidity. Management accrues a liability for litigation if an unfavorable outcome is determined to be probable and the amount of loss can be reasonably estimated. If an unfavorable outcome is determined by management to be probable and a range of loss can be reasonably estimated, management accrues the best estimate within the range; however, if no amount within the range is a better estimate than any other, the minimum amount within the range is accrued. Legal fees related to litigation are expensed as incurred. Management does not believe that the ultimate outcome of these matters, either individually or in the aggregate, could have a material adverse effect on the Company’s financial position or results of operations; however, litigation is subject to inherent uncertainties.

 

Under the Company’s leases, tenants are typically obligated to indemnify the Company from and against all liabilities, costs and expenses imposed upon or asserted against it as owner of the properties due to certain matters relating to the operation of the properties by the tenant.

 

Commitments

 

The Company has a bonding line of credit for its general contracting construction business and is contingently liable under performance and payment bonds, bonds for cancellation of mechanics liens and defect bonds. Such bonds collectively totaled $183.0 million and $192.2 million as of December 31, 2015 and 2014, respectively.

 

The Operating Partnership has entered into standby letters of credit using the available capacity under the credit facility. The letters of credit relate to the guarantee of future performance on certain of the Company’s construction contracts. Letters of credit generally are available for draw down in the event the Company does not perform. As of December 31, 2015 and 2014, the Operating Partnership had total outstanding letters of credit of $8.0 million and $8.5 million, respectively.

 

The Company has five ground leases on four properties with initial terms that range from 20 to 65 years and options to extend up to an additional 40 years in certain cases. The Company also leases automobiles and equipment.

 

Future minimum rental payments during each of the next five years and thereafter are as follows (in thousands):

 

 

 

 

 

 

2016

    

$

1,587

 

2017

 

 

1,734

 

2018

 

 

1,738

 

2019

 

 

1,813

 

2020

 

 

1,821

 

Thereafter

 

 

93,293

 

Total

 

$

101,986

 

 

Ground rent expense for each of the three years ended December 31, 2015 was $1.7 million, $1.8 million and $1.5 million, respectively.

 

Concentrations of Credit Risk

 

The majority of the Company’s properties are located in Hampton Roads, Virginia. For each of the three years ended December 31, 2015, rental revenues from Hampton Roads properties represented 68%,  69% and 70%,  respectively, of the Company’s rental revenues. Many of the Company’s Hampton Roads properties are located in the Town Center of Virginia Beach. For each of the three years ended December 31, 2015, rental revenues from Town Center properties represented 46%,  47% and 48%,  respectively, of the Company’s rental revenues. Rental revenues from Richmond Tower individually represented 11%,  13% and 15% of the Company’s rental revenues for each of the three years ended December 31, 2015, respectively. As of December 31, 2015, a single tenant—Williams Mullen, a prominent Mid-Atlantic law firm—occupied over 80% of Richmond Tower, which the Company sold on January 8, 2016. 

 

A single construction project in Baltimore, Maryland represented 64% and 41% of the Company’s general contracting and real estate services revenues for the years ended December 31, 2015 and 2014, respectively. The same project represented 50% and 27% of the Company’s general contracting and real estate services segment gross profit for the years ended December 31, 2015 and 2014, respectively.