REVENUE RECOGNITION AND CONTRACTS | REVENUE RECOGNITION AND CONTRACTS Revenue Recognition A performance obligation is a contractual promise to transfer a distinct good or service to the customer. A contract's transaction price is allocated to each distinct performance obligation and is recognized as revenue when (point in time) or as (over time) the performance obligation is satisfied. Revenue from goods and services transferred to customers at a point in time, which includes certain aftermarket parts and services primarily in the B&W Thermal segment , accounted for 34% and 25% for the three months ended September 30, 2020 and 2019, respectively and 32% and 20% of our revenue for the nine months ended September 30, 2020 and 2019, respectively. Revenue on these contracts is recognized when the customer obtains control of the asset, which is generally upon shipment or delivery and acceptance by the customer. Standard commercial payment terms generally apply to these sales. Revenue from products and services transferred to customers over time accounted for 66% and 75% of our revenue for the three months ended September 30, 2020 and 2019, respectively and 68% and 80% of our revenue for the nine months ended September 30, 2020 and 2019, respectively. Revenue recognized over time primarily relates to customized, engineered solutions and construction services from all three of our segments. Typically, revenue is recognized over time using the cost-to-cost input method that uses costs incurred to date relative to total estimated costs at completion to measure progress toward satisfying our performance obligations. Incurred cost represents work performed, which corresponds with, and thereby best depicts, the transfer of control to the customer. Contract costs include labor, material, overhead and, when appropriate, SG&A expenses. Variable consideration in these contracts includes estimates of liquidated damages, contractual bonuses and penalties, and contract modifications. Substantially all of our revenue recognized over time under the cost-to-cost input method contains a single performance obligation as the interdependent nature of the goods and services provided prevents them from being separately identifiable within the contract. Generally, we try to structure contract milestones to mirror our expected cash outflows over the course of the contract; however, the timing of milestone receipts can greatly affect our overall cash position and have in our B&W Renewable segment . Refer to Note 3 for our disaggregation of revenue by product line. As of September 30, 2020 , we have estimated the costs to complete all of our in-process contracts in order to estimate revenues using a cost-to-cost input method. However, it is possible that current estimates could change due to unforeseen events, which could result in adjustments to overall contract costs. The risk on fixed-priced contracts is that revenue from the customer does not cover increases in our costs. It is possible that current estimates could materially change for various reasons, including, but not limited to, fluctuations in forecasted labor productivity, transportation, fluctuations in foreign exchange rates or steel and other raw material prices. Increases in costs on our fixed-price contracts could have a material adverse impact on our consolidated financial condition, results of operations and cash flows. Alternatively, reductions in overall contract costs at completion could materially improve our consolidated financial condition, results of operations and cash flows. Variations from estimated contract performance could result in material adjustments to operating results for any fiscal quarter or year. Contract modifications are routine in the performance of our contracts. Contracts are often modified to account for changes in the contract specifications or requirements. In most instances, contract modifications are for goods or services that are not distinct and, therefore, are accounted for as part of the existing contract, with cumulative adjustment to revenue. We recognize accrued claims in contract revenues for extra work or changes in scope of work to the extent of costs incurred when we believe we have an enforceable right to the modification or claim and the amount can be estimated reliably, and its realization is probable. In evaluating these criteria, we consider the contractual/legal basis for enforcing the claim, the cause of any additional costs incurred and whether those costs are identifiable or otherwise determinable, the nature and reasonableness of those costs, the objective evidence available to support the amount of the claim, and our relevant history with the counter-party that supports our expectations about their willingness and ability to pay for the additional cost along with a reasonable margin. We generally recognize sales commissions in equal proportion as revenue is recognized. Our sales agreements are structured such that commissions are only payable upon receipt of payment, thus a capitalized asset at contract inception has not been recorded for sales commissions as a liability has not been incurred at that point. 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) September 30, 2020 December 31, 2019 $ Change % Change Contract assets - included in contracts in progress: Costs incurred less costs of revenue recognized $ 26,359 $ 29,877 $ (3,518 ) (12 )% Revenues recognized less billings to customers 47,523 61,702 (14,179 ) (23 )% Contracts in progress $ 73,882 $ 91,579 $ (17,697 ) (19 )% Contract liabilities - included in advance billings on contracts: Billings to customers less revenues recognized $ 52,410 $ 76,468 $ (24,058 ) (31 )% Costs of revenue recognized less cost incurred 1,636 (1,181 ) 2,817 (239 )% Advance billings on contracts $ 54,046 $ 75,287 $ (21,241 ) (28 )% Net contract balance $ 19,836 $ 16,292 $ 3,544 22 % Accrued contract losses $ 845 $ 6,193 $ (5,348 ) (86 )% Backlog On September 30, 2020 we had $509.0 million of remaining performance obligations, which we also refer to as total backlog. We expect to recognize approximately 18.3% , 34.6% and 47.1% of our remaining performance obligations as revenue in the remainder of 2020, 2021 and thereafter, respectively. Changes in Contract Estimates In the three and nine months ended September 30, 2020 and 2019 , we recognized changes in estimated gross profit related to long-term contracts accounted for on the over time basis, which are summarized as follows: Three months ended September 30, Nine months ended September 30, (in thousands) 2020 2019 2020 2019 Increases in gross profits for changes in estimates for over time contracts (1) $ 27,237 $ 10,279 $ 34,453 $ 25,089 Decreases in gross profits for changes in estimates for over time contracts (8,058 ) (13,248 ) (13,003 ) (35,892 ) Net changes in gross profits for changes in estimates for over time contracts $ 19,179 $ (2,969 ) $ 21,450 $ (10,803 ) (1) Increases in gross profits for changes in estimates for over time contracts reflects a non-recurring insurance loss recovery of $26.0 million in the three and nine months ended September 30, 2020 . B&W Renewable EPC Loss Contracts We had six B&W Renewable EPC 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 addition to these loss contracts, we have one remaining extended scope contract in our Babcock & Wilcox Renewable segment which turned into a loss contract in the fourth quarter of 2019. In the three months ended September 30, 2020 and 2019, we recorded $1.1 million and $0.7 million in net losses, respectively, inclusive of warranty expense as described in Note 10 , resulting from changes in the estimated revenues and costs to complete the six European B&W Renewable EPC loss contracts. In the three months ended September 30, 2020 we did no t change our estimate of liquidated damages on these contracts and in the three months ended September 30, 2019 , we reduced our estimate of liquidated damages on these contracts by $1.8 million . In the nine months ended September 30, 2020 and 2019, we recorded $1.4 million and $8.0 million in net losses, respectively, inclusive of warranty expense as described in Note 10 , resulting from changes in the estimated revenues and costs to complete the six European B&W Renewable EPC loss contracts. In the nine months ended September 30, 2020 we did no t change our estimate of liquidated damages on these contracts and in the nine months ended September 30, 2019 , we reduced our estimate of liquidated damages on these contracts by $2.2 million . Total anticipated liquidated damages associated with these six contracts were $92.7 million and $86.3 million at September 30, 2020 and September 30, 2019 , respectively. As of September 30, 2020, five of the six European B&W Renewable EPC loss contracts had been turned over to the customer, with only punch list or agreed remediation items and performance testing remaining, some of which are expected to be performed during the customers' scheduled maintenance outages. Turnover is not applicable to the fifth loss contract under the terms of the March 29, 2019 settlement agreement with the customers of the second and fifth loss contracts, who are related parties to each other. Under that settlement agreement, we limited our remaining risk related to these contracts by paying 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 May 31, 2019, 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. In accordance with the settlement, we 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 loss contract 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. For the second loss contract, the settlement limited the remaining performance obligations and settled historic claims for nonconformance and delays, and we turned over the plant in May 2019, and subsequently began the operations and maintenance contract to operate this plant. As of September 30, 2020 , the status of these six B&W Renewable 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 September 30, 2020 , this contract was approximately 100% 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 three and nine months ended September 30, 2020 , we recognized additional contract losses of $1.1 million and $1.9 million , respectively, inclusive of warranty. Our estimate at completion as of September 30, 2020 includes $9.5 million of total estimated liquidated damages. As of September 30, 2020 , we expect no future charges due to this contract and, accordingly, have no reserve for estimated contract losses. During the three and nine months ended September 30, 2019 , we recognized additional contract losses of $0.3 million and $2.3 million , respectively, on the contract as a result of identifying additional remediation costs in the third quarter of 2019. As of September 30, 2019 , this contract had $1.6 million of accrued losses and was approximately 98% complete. • The second contract, a biomass plant in the United Kingdom, became a loss contract in the fourth quarter of 2016. As of September 30, 2020 , this contract was approximately 100% complete. Trial operations began in April 2019 and takeover by the customer occurred effective May 2019. This project is subject to the March 29, 2019 settlement agreement described above. During the three months ended September 30, 2020 , we did no t recognize additional contract losses and during the nine months ended September 30, 2020 , we recognized additional contract losses of $0.1 million on this contract as a result of additional punch list and other commissioning costs. Our estimate at completion as of September 30, 2020 includes $20.0 million of total estimated liquidated damages due to schedule delays. Our estimates at completion as of September 30, 2020 and 2019 also include contractual bonus opportunities for guaranteed higher power output and other performance metrics. As of September 30, 2020 , we expect no future charges due to this contract and, accordingly, have no reserve for estimated contract losses. In the three and nine months ended September 30, 2019 , we recognized contract losses of $0.7 million and $2.6 million , respectively, 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. As of September 30, 2019 , this contract had $0.2 million of accrued losses and was approximately 100% complete. • The third contract, a biomass plant in Denmark, became a loss contract in the fourth quarter of 2016. As of September 30, 2020 , this contract was approximately 100% 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 and nine months ended September 30, 2020 , we did no t recognize additional contract losses. Our estimate at completion as of September 30, 2020 includes $7.1 million of total estimated liquidated damages due to schedule delays. As of September 30, 2020 , we expect no future charges due to this contract and, accordingly, we have no reserve for estimated contract losses. In the three and nine months ended September 30, 2019 , we did no t recognize additional contract losses. As of September 30, 2019 , this contract had no reserve for estimated contract losses and was approximately 100% complete. • The fourth contract, a biomass plant in the United Kingdom, became a loss contract in the fourth quarter of 2016. As of September 30, 2020 , this contract was approximately 100% 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 and nine months ended September 30, 2020 , we recognized additional contract charges of $0.1 million and $0.3 million , respectively, on this contract due to changes in cost to complete remaining punch list and other close out items. Our estimate at completion as of September 30, 2020 includes $21.8 million of total estimated liquidated damages due to schedule delays. Our estimates at completion as of September 30, 2020 also include contractual bonus opportunities for guaranteed higher power output and other performance metrics. As of September 30, 2020 , we expect no future charges due to this contract and, accordingly, we have no reserve for estimated contract losses. In the three and nine months ended September 30, 2019 , we recognized additional contract losses of $0.4 million and $4.8 million , respectively, on this contract due to changes in estimated bonus revenue and cost to complete remaining punch list, remediation of certain performance guarantees and other close out items. Our estimates at completion as of September 30, 2019 also included contractual bonus opportunities for guaranteed higher power output and other performance metrics. As of September 30, 2019 , this contract had $0.3 million of accrued losses and was approximately 99% complete. • The fifth contract, a biomass plant in the United Kingdom, became a loss contract in the second quarter of 2017. As of September 30, 2020 , this contract was approximately 100% 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 loss contract 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 construction support services to complete certain key systems of the plant by May 31, 2019. The settlement also eliminated all historical claims and remaining liquidated damages. Remaining items at September 30, 2020 are primarily related to punch list and other finalization items for the key systems under the terms of the settlement and subcontract close outs. During the nine months ended September 30, 2020 , our estimated loss on the contract improved by $0.4 million . Our estimate at completion as of September 30, 2020 , includes $14.3 million of total estimated liquidated damages due to schedule delays. As of September 30, 2020 , we expect no future charges due to this contract and, accordingly, we have no reserve for estimated contract losses. During the three and nine months ended September 30, 2019 , our estimated loss on the contract improved by $0.9 million and $2.6 million , respectively, inclusive of warranty. As of September 30, 2019 , this contract had $3.4 million of accrued losses and was approximately 98% 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 September 30, 2020 , this contract was approximately 100% complete. Trial operations began in December 2018 and customer takeover occurred on January 25, 2019. The contract is in the warranty phase. During the three and nine months ended September 30, 2020 , our estimated loss on the contract improved by $0.1 million and $0.5 million , respectively, inclusive of warranty. Our estimate at completion as of September 30, 2020 includes $20.0 million of total estimated liquidated damages due to schedule delays. As of September 30, 2020 , the reserve for estimated contract losses recorded in other accrued liabilities in our Consolidated Balance Sheets was $0.1 million . In the three and nine months ended September 30, 2019 , we revised our revenue and costs at completion for this contract, which resulted in additional contract losses of $0.1 million and $1.0 million , respectively, related to matters encountered in completing punch list items. As of September 30, 2019 , this contract had $0.1 million of accrued losses and was approximately 100% complete. In the fourth quarter of 2019, one of our other B&W Renewable energy contracts turned into a loss contract (estimated loss of $0.2 million ) due to the extension of time and other start-up costs associated with the completion of the trial operations run and turnover to the client. This contract was turned over to the client in October 2019. During the three and nine months ended September 30, 2020 , we recognized additional contract charges of $3.0 million on this contract due to increase of project close out costs. During the three and nine months ended September 30, 2019 , we recognized additional charges of $1.5 million and $3.0 million , respectively, on this contract. 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 September 30, 2020 estimated losses at completion for these three contracts. We are continuing to aggressively pursue recovery of this cost from responsible subcontractors. In June 2019, we agreed in principle to a settlement agreement under one insurance policy related to recover GBP 2.8 million ( $3.5 million ) of certain losses on the fifth project; which our insurer paid us in September 2019. In October 2020, we entered into a settlement agreement with an insurer under which we received a settlement of $26.0 million to settle claims in connection with five of six European B&W Renewable EPC loss contracts disclosed above. We recognized this non-recurring loss recovery of $26.0 million as a reduction of our Cost of operations in our Condensed Consolidated Statements of Operations and recorded the insurance receivable in Accounts receivable - other in our Condensed Consolidated Balance Sheets at September 30, 2020 because we determined the loss recovery was probable as of such date. On October 23, 2020, we received $26.0 million of gross proceeds under the settlement agreement. As required by the Company’s U.S. Revolving Credit Facility, 50% of the net proceeds (gross proceeds less costs) or approximately $8.0 million of the settlement received by the Company was applied as a permanent reduction of the U.S. Revolving Credit Facility in October 2020. The Company is continuing to pursue other additional potential claims where appropriate and available. Other B&W Renewable 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. We made a payment of £ 5.0 million (approximately $6.6 million ) on April 5, 2019 for the settlement which eliminated our obligations to act, and our risk related to acting, as the prime EPC should the project have moved forward. B&W Environmental Loss Contracts At September 30, 2020 , the B&W Environmental segment had two significant loss contracts, each of which are contracts for a dry cooling system for a gas-fired power plant in the United States. In the three and nine months ended September 30, 2020 , we recognized $1.3 million of additional charges on these contracts. In the three months ended September 30, 2019 , we did no t recognize additional charges on these contracts and in the nine months ended September 30, 2019 , our estimated loss on the second contract improved by $0.7 million , respectively, due to recovery of tariffs. At September 30, 2020 , the design and procurement are substantially complete, and construction is nearing completion on the first loss contract. Overall, the contract is approximately 100% complete with only performance testing remaining which is anticipated to be complete in the fourth quarter of 2020. As of September 30, 2020 , we have no reserve for estimated contract losses. As of September 30, 2019 , this contract had accrued losses of $0.5 million and was 97% complete. Construction is being performed by the B&W Thermal segment , but the contract loss is included in the B&W Environmental segment . At September 30, 2020 , the design and procurement are nearing completion on the second loss contract. Overall, the contract is approximately 97% complete and final completion is expected to be in the fourth quarter of 2020 . As of September 30, 2020 , the reserve for estimated contract losses recorded in other accrued liabilities in our Condensed Consolidated Balance Sheets was $0.2 million related to this contract. As of September 30, 2019 , this contract had accrued losses of $0.1 million and was 98% complete. The percent completion declined at September 30, 2020 compared to the prior year period due to an increase in additional contract charges of $3.3 million recognized in late 2019 due to issues with the seismic design and fans. |