REVENUE RECOGNITION AND CONTRACTS | REVENUE RECOGNITION AND CONTRACTS Adoption of Accounting Standards Codification ("ASC") Topic 606, Revenue from Contracts with Customers ("Topic 606") On January 1, 2018, we adopted Topic 606 using the modified retrospective method applied to all contracts that were not completed as of January 1, 2018. Results for reporting periods beginning on or after January 1, 2018 are presented under Topic 606, while prior period amounts are not adjusted and continue to be reported under the accounting standards in effect for the prior period. We recorded a $0.5 million net increase to opening retained earnings as of January 1, 2018 from the cumulative effect of adopting Topic 606 that primarily related to transitioning the timing of certain sales commissions expense. The effect on revenue from adopting Topic 606 was not material for the three months ended March 31, 2018. Contract Balances The following represents the components of our contracts in progress and advance billings on contracts included in our Condensed Consolidated Balance Sheets: (in thousands) March 31, 2019 December 31, 2018 $ Change % Change Contract assets - included in contracts in progress: Costs incurred less costs of revenue recognized $ 45,394 $ 49,910 $ (4,516 ) (9 )% Revenues recognized less billings to customers 91,013 94,817 (3,804 ) (4 )% Contracts in progress $ 136,407 $ 144,727 $ (8,320 ) (6 )% Contract liabilities - included in advance billings on contracts: Billings to customers less revenues recognized $ 152,416 $ 140,933 $ 11,483 8 % Costs of revenue recognized less cost incurred 2,863 8,434 (5,571 ) (66 )% Advance billings on contracts $ 155,279 $ 149,367 $ 5,912 4 % Net contract balance $ (18,872 ) $ (4,640 ) $ (14,232 ) 307 % Accrued contract losses $ 25,890 $ 61,651 $ (35,761 ) (58 )% The impact of adopting Topic 606 on components of our contracts in progress and advance billings on contracts was not material at January 1, 2018. Backlog On March 31, 2019 we had $766.0 million of remaining performance obligations, which we also refer to as total backlog. We expect to recognize approximately 50% , 15% and 35% of our remaining performance obligations as revenue in the remainder of 2019, 2020 and thereafter, respectively. Changes in Contract Estimates In the three months ended March 31, 2019 and 2018 , we recognized changes in estimated gross profit related to long-term contracts accounted for on the percentage-of-completion basis, which are summarized as follows: Three months ended March 31, (in thousands) 2019 2018 Increases in gross profits for changes in estimates for over time contracts $ 9,525 $ 5,337 Decreases in gross profits for changes in estimates for over time contracts (9,396 ) (54,865 ) Net changes in gross profits for changes in estimates for over time contracts $ 129 $ (49,528 ) Vølund EPC Loss Contracts We had six Vølund contracts for renewable energy facilities in Europe that were loss contracts at December 31, 2017. The scope of these EPC (Engineer, Procure and Construct) contracts extended beyond our core technology, products and services. In the three months ended March 31, 2019 and 2018, we recorded $4.1 million and $52.6 million and in net losses, respectively, resulting from changes in the estimated revenues and costs to complete the six European Vølund EPC loss contracts. In the three months ended March 31, 2019, we did no t change our estimate of liquidated damages on these contracts. These changes in estimates in the three months ended March 31, 2018 included increases in our estimates of anticipated liquidated damages that reduced revenue associated with these six contracts by $13.3 million . The total anticipated liquidated damages associated with these six contracts were $88.6 million and $90.3 million at March 31, 2019 and March 31, 2018 , respectively. As of March 2019, four of the six Vølund EPC loss contracts had been turned over to the customer, with only punch list or agreed remediation items remaining, some of which are expected to be performed during the customers' scheduled maintenance outages. This applies to the first, third, fourth and sixth loss contracts. The customers for the second and fifth loss contracts are related parties to each other, and a settlement agreement was reached on March 29, 2019 in order to limit our remaining risk related to these contracts. Under that settlement agreement, we paid a combined £70 million ( $91.5 million ) on April 5, 2019 in exchange for limiting and further defining our obligations under the second and fifth loss contracts, including waiver of the rejection and termination rights on the fifth loss contract that could have resulted in repayment of all monies paid to us and our former civil construction partner (up to approximately $144 million ), and requirement to restore the property to its original state if the customer exercised this contractual rejection right. On the fifth loss contract, we agreed to continue to support construction services to complete certain key systems of the plant by a specified date, for which penalty for failure to complete these systems is limited to the unspent portion of our quoted cost of the activities through that date. The settlement eliminated all historical claims and remaining liquidated damages. Upon completion of these activities in accordance with the settlement, we will have no further obligation related to the fifth loss contract other than customary warranty of core products if the plant is used as a biomass plant as designed. We estimated the portion of this settlement related to waiver of the rejection right on the fifth project was $81.1 million , which was recorded in the fourth quarter of 2018 as a reduction in the selling price. We are still pursuing insurance recoveries and claims against subcontractors. Additional engineering or core scope services may be provided by us on the fifth loss contract on commercially acceptable terms. We will provide operations and maintenance services under an existing contract for the fifth loss project if properly notified and the plant is used as a biomass plant as designed. For the second loss project, the settlement limited the remaining performance obligations and settled historic claims for nonconformance and delays, and we expect to turn over the plant in May 2019 and then begin the operations and maintenance contract that follows turnover of this plant. As of March 31, 2019 , the status of these six Vølund EPC loss contracts was as follows: The first contract, a waste-to-energy plant in Denmark, became a loss contract in the second quarter of 2016. As of March 31, 2019 , this contract is approximately 97% complete and construction activities are complete as of the date of this report. The unit became operational during the second quarter of 2017. A settlement was reached with the customer to achieve takeover on January 31, 2019, after which only punch list items and other agreed to remediation items remain, most of which are expected to be performed during the customer's scheduled maintenance outages. As of January 31, 2019, the contract is in the warranty phase. During the quarter ended March 31, 2019 , we did no t recognize further charges on the contract. Our estimate at completion as of March 31, 2019 includes $9.1 million of total expected liquidated damages. As of March 31, 2019 , the reserve for estimated contract losses recorded in "other accrued liabilities" in our Condensed Consolidated Balance Sheets was $3.6 million . In the quarter ended March 31, 2018 , we recognized additional contract losses of $7.1 million as a result of differences in actual and estimated costs and schedule delays. As of March 31, 2018 , this contract had $2.7 million of accrued losses and was 97% complete. The second contract, a biomass plant in the United Kingdom, became a loss contract in the fourth quarter of 2016. As of March 31, 2019 , this contract was approximately 98% complete. Trial operations began in April 2019 and takeover by the customer is expected in May 2019. This project is subject to the March 29, 2019 settlement agreement described above. During the three months ended March 31, 2019 , we recognized additional contract losses of $0.8 million on this contract as a result of repairs required during startup commissioning activities, additional expected punch list and other commissioning costs, and changes in construction cost estimates. Our estimate at completion as of March 31, 2019 includes $19.2 million of total expected liquidated damages due to schedule delays. Our estimates at completion as of March 31, 2019 and 2018 also include contractual bonus opportunities for guaranteed higher power output (discussed further below). As of March 31, 2019 , the reserve for estimated contract losses recorded in "other accrued liabilities" in our Condensed Consolidated Balance Sheets was $1.4 million . In the three months ended March 31, 2018 , we recognized contract losses of $4.1 million from changes in the expected selling price, construction cost estimates and schedule delays, and as of March 31, 2018 , this contract had $9.4 million of accrued losses and was 87% complete. The third contract, a biomass plant in Denmark, became a loss contract in the fourth quarter of 2016. As of March 31, 2019 , this contract was approximately 99% complete. Warranty began in March 2018, when we agreed to a partial takeover with the customer, and we agreed to a full takeover by the customer at the end of October 2018, when we also agreed to a scheduled timeline for remaining punch list activities to be completed around the customer's future planned outages. During the three months ended March 31, 2019 , we did no t recognize additional charges on the contract. Our estimate at completion as of March 31, 2019 includes $6.7 million of total expected liquidated damages due to schedule delays. As of March 31, 2019 , the reserve for estimated contract losses recorded in "other accrued liabilities" in our Condensed Consolidated Balance Sheets was $0.3 million . In the three months ended March 31, 2018 , we recognized charges of $1.9 million from changes in our estimate at completion, and as of March 31, 2018 , this contract had $0.8 million of accrued losses and was 98% complete. The fourth contract, a biomass plant in the United Kingdom, became a loss contract in the fourth quarter of 2016. As of March 31, 2019 , this contract was approximately 99% complete. Trial operations began in November 2018 and takeover by the customer occurred in February 2019, after which only final performance testing, for which performance metrics have been previously demonstrated, and punch list and other agreed upon items remain, some of which are expected to be performed during the customer's scheduled maintenance outages. During the three months ended March 31, 2019 , we recognized an $0.3 million additional contract charge due to changes in estimated cost to complete remaining punch list and other close out items. Our estimate at completion as of March 31, 2019 includes $20.8 million of total expected liquidated damages due to schedule delays. Our estimates at completion as of March 31, 2019 also include contractual bonus opportunities for guaranteed higher power output (discussed further below). As of March 31, 2019 , the reserve for estimated contract losses recorded in "other accrued liabilities" in our Condensed Consolidated Balance Sheets was $0.8 million . In the three months ended March 31, 2018 , we recognized contract losses of $12.1 million from changes in the expected selling price, changes in construction cost estimates and schedule delays, and as of March 31, 2018 , this contract had $5.7 million of accrued losses and was 87% complete. The fifth contract, a biomass plant in the United Kingdom, became a loss contract in the second quarter of 2017. As of March 31, 2019 , this contract was approximately 90% complete. This project is subject to the March 29, 2019 settlement agreement described above. We estimated the portion of this settlement related to waiver of the rejection right on the fifth project was $81.1 million , which was recorded in the fourth quarter of 2018 as a reduction in the selling price. Under the settlement, our remaining performance obligations were limited to support construction services to complete certain key systems of the plant by a specified date. The settlement also eliminates all historical claims and remaining liquidated damages. During the three months ended March 31, 2019, we recognized contract losses of $2.3 million due to change in estimate in subcontractor close out costs. Our estimate at completion as of March 31, 2019 , includes $13.7 million of total expected liquidated damages due to schedule delays. As of March 31, 2019 , the reserve for estimated contract losses recorded in "other accrued liabilities" in our Condensed Consolidated Balance Sheets was $15.8 million . In the three months ended March 31, 2018 , we recognized charges of $18.2 million , respectively from changes in our estimate at completion, and as of March 31, 2018 , this contract had $23.5 million of accrued losses and was 61% complete. The sixth contract, a waste-to-energy plant in the United Kingdom, became a loss contract in the second quarter of 2017. As of March 31, 2019 , this contract was approximately 98% complete. Trial operations began in December 2018 and customer takeover occurred on January 25, 2019, after which only final performance testing, for which performance metrics have been previously demonstrated, and punch list and other agreed upon items remain, some of which are expected to be performed during the customer's scheduled maintenance outages. The contract is in the warranty phase. During the three months ended March 31, 2019 , we revised our estimated revenue and costs at completion for this loss contract, which resulted in additional contract charges of $0.8 million related to matters encountered in completing punch list items. Our estimate at completion as of March 31, 2019 includes $19.1 million of total expected liquidated damages due to schedule delays. As of March 31, 2019 , the reserve for estimated contract losses recorded in "other accrued liabilities" in our Condensed Consolidated Balance Sheets was $0.6 million . In the year ended March 31, 2018 , we recognized additional contract losses of $9.3 million changes in our estimate at completion, and as of March 31, 2018 , this contract had $3.5 million of accrued losses and was 83% complete. In September 2017, we identified the failure of a structural steel beam on the fifth contract, which stopped work in the boiler building and other areas pending corrective actions to stabilize the structure. Provisional regulatory approval to begin structural repairs to the failed beam was obtained on March 29, 2018 (later than previously estimated), and full approval to proceed with repairs was obtained in April 2018. Full access to the site was obtained on June 6, 2018 after completion of the repairs to the structure. The engineering, design and manufacturing of the steel structure were the responsibility of our subcontractors. A similar design was also used on the second and fourth contracts, and although no structural failure occurred on these two other contracts, work was also stopped in certain restricted areas while we added reinforcement to the structures, which also resulted in delays that lasted until late January 2018. The total costs related to the structural steel issues on these three contracts, including contract delays, are estimated to be approximately $36 million , which is included in the March 31, 2019 estimated losses at completion for these three contracts. Also, during the third quarter of 2017, we implemented a design change in three of the renewable facilities to increase the guaranteed power output, which will allow us to achieve contractual bonus opportunities for the higher output. In the fourth quarter of 2017, we obtained agreement from certain customers to increase the value of these bonus opportunities and to provide partial relief on liquidated damages. The bonus opportunities and liquidated damages relief increased the estimated selling price of the three contracts by approximately $19 million in total, and this positive change in estimated cost to complete was fully recognized in 2017 because each was a loss contract. During the third quarter of 2016, we determined it was probable that we would receive a DKK 100.0 million ( $15.5 million ) insurance recovery for a portion of the losses on the first Vølund contract discussed above. In May 2018, our insurer disputed coverage on our insurance claim. We believe that the dispute from the insurer is without merit and continue to believe we are entitled to the full value of the claim. We intend to aggressively pursue full recovery under the policy, and we filed for arbitration in July 2018. However, an allowance for the receivable was recorded in 2018 based upon the dispute by the insurer, which is considered contradictory evidence in the accounting probability assessment of this loss recovery, even if it is believed to be without merit. The insurance recovery of $15.5 million is recorded in "accounts receivable - other" in our Condensed Consolidated Balance Sheets, offset by a $12.2 million reserve at March 31, 2019 . Other Vølund Contract Settlement In March 2019, we entered into a settlement in connection with an additional European waste-to-energy EPC contract, for which notice to proceed was not given and the contract was not started. The £ 5.0 million ( $6.6 million ) settlement eliminates our obligations and our risk related to acting as the prime EPC should the project move forward. SPIG U.S. Loss Contract At March 31, 2019, SPIG had one significant loss contract, which is a contract to engineer, procure materials and then construct a dry cooling system for a gas-fired power plant in the U.S. At March 31, 2019 , the design and procurement are substantially complete, and construction is underway. Overall, the contract is 86% complete and it is expected be fully complete in mid-2019. As of March 31, 2019 , the reserve for estimated contract losses recorded in "other accrued liabilities" in our Condensed Consolidated Balance Sheets was $2.0 million related to this contract. Construction is being performed by the Babcock & Wilcox segment, but the contract loss is included in the SPIG segment. |