SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C.  20549

 


 

FORM 11-K

 


 

(Mark One)

 

ý

ANNUAL REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

 

For the Fiscal Year Ended December 31, 2004

 

OR

 

o

TRANSITION REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

 

For the transition period from                          to                         

 

Commission file number  1-13011

 

A.                                   Full title of the Plan and address of the Plan, if different from that of the issuer named below:

 

Comfort Systems USA, Inc. 401 (k) Plan

777 Post Oak Blvd., Suite 500

Houston, TX  77056

 

B.                                     Name of issuer of the securities held pursuant to the Plan and the address of its principal executive    office:

 

Comfort Systems USA, Inc.

777 Post Oak Blvd., Suite 500

Houston, TX  77056

 

 



 

Comfort Systems USA, Inc. 401(k) Plan

 

Financial Statements

 

December 31, 2004 and 2003

 

Contents

 

Reports of Independent Registered Public Accounting Firms

 

 

 

Statements of Net Assets Available for Benefits

 

Statements of Changes in Net Assets Available for Benefits

 

Notes to Financial Statements

 

 

 

Supplemental Schedules

 

Schedule H, Line 4(a) – Schedule of Delinquent Participant Contributions

 

Schedule H, Line 4(i) – Schedule of Assets (Held At End of Year)

 

 

 

Signatures

 

Exhibits

 

 



 

Report of Independent Registered Public Accounting Firm

 

To the Plan Administrator of

   Comfort Systems USA, Inc. 401(k) Plan

Houston, Texas

 

We have audited the accompanying statement of net assets available for benefits of Comfort Systems USA, Inc. 401(k) Plan (the “Plan”) as of December 31, 2004, and the related statement of changes in net assets available for benefits for the year then ended.  These financial statements are the responsibility of the Plan’s management.  Our responsibility is to express an opinion on these financial statements based on our audit.  The financial statements of the Plan as of and for the year ended December 31, 2003 were audited by other auditors whose report dated June 16, 2004, expressed an unqualified opinion on those statements.

 

We conducted our audit in accordance with the standards of the Public Company Accounting Oversight Board (United States).  Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement.  An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements.  An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation.  We believe that our audit provides a reasonable basis for our opinion.

 

In our opinion, the financial statements referred to above present fairly, in all material respects, the net assets available for benefits of the Plan as of December 31, 2004, and the changes in its net assets available for benefits for the year then ended in conformity with U.S. generally accepted accounting principles.

 

Our audit was performed for the purpose of forming an opinion on the financial statements taken as a whole. The supplemental schedules of delinquent participant contributions for the year ended December 31, 2004, and assets (held at end of year) as of December 31, 2004, are presented for the purposes of additional analysis and are not a required part of the basic financial statements, but are supplementary information required by the Department of Labor’s Rules and Regulations for Reporting and Disclosure under the Employee Retirement Income Security Act of 1974.  The supplemental schedules are the responsibility of the Plan’s management.  The supplemental schedules have been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, are fairly stated in all material respects in relation to the basic financial statements taken as a whole.

 

 

 

/s/ UHY MANN FRANKFORT STEIN & LIPP CPAs, LLP

 

 

Houston, Texas

June 21, 2005

 

2



 

Report of Independent Registered Public Accounting Firm

 

Plan Administrator

Comfort Systems USA, Inc. 401(k) Plan

 

We have audited the accompanying statement of net assets available for benefits of the Comfort Systems USA, Inc. 401(k) Plan as of December 31, 2003 and the related statement of changes in net assets available for benefits for the year then ended. These financial statements are the responsibility of the Plan’s management. Our responsibility is to express an opinion on these financial statements based on our audit.

 

We conducted our audits in accordance with the standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion.

 

In our opinion, the financial statements referred to above present fairly, in all material respects, the net assets available for benefits of the Plan at December 31, 2003 and the changes in its net assets available for benefits for the year then ended, in conformity with U.S. generally accepted accounting principles.

 

 

 

/s/ Ernst & Young LLP

 

 

Houston, Texas

June 16, 2004

 

3



 

Comfort Systems USA, Inc. 401(k) Plan

 

Statements of Net Assets Available for Benefits

 

 

 

December 31,

 

 

 

2004

 

2003

 

 

 

 

 

 

 

Assets

 

 

 

 

 

Investments, at fair value

 

$

111,926,979

 

$

101,415,698

 

Receivables:

 

 

 

 

 

Employer contributions

 

246,715

 

187,179

 

Participant contributions

 

817,622

 

677,325

 

Total receivables

 

1,064,337

 

864,504

 

Net assets available for benefits

 

$

112,991,316

 

$

102,280,202

 

 

 

See accompanying notes to the financial statements.

 

4



 

Comfort Systems USA, Inc. 401(k) Plan

 

Statements of Changes in Net Assets Available for Benefits

 

 

 

 

Year Ended December 31,

 

 

 

2004

 

2003

 

Additions To Net Assets:

 

 

 

 

 

Investment Income

 

 

 

 

 

Net appreciation in fair value of investments

 

$

8,442,392

 

$

15,101,269

 

Interest income

 

972,842

 

948,452

 

Total Investment Income

 

9,415,234

 

16,049,721

 

 

 

 

 

 

 

Contributions

 

 

 

 

 

Employer

 

3,133,182

 

2,332,927

 

Participant

 

10,111,904

 

9,580,759

 

Participant rollovers

 

459,245

 

577,705

 

Total Contributions

 

13,704,331

 

12,491,391

 

 

 

 

 

 

 

Total Additions To Net Assets

 

23,119,565

 

28,541,112

 

 

 

 

 

 

 

Deductions From Net Assets:

 

 

 

 

 

Benefits paid to participants

 

12,191,800

 

11,354,958

 

Corrective distributions

 

54,719

 

52,233

 

Administrative expenses

 

161,932

 

120,019

 

 

 

 

 

 

 

Total Deductions From Net Assets

 

12,408,451

 

11,527,210

 

 

 

 

 

 

 

Other Changes In Net Assets:

 

 

 

 

 

Transfers from other qualified plans

 

0

 

19,583,157

 

 

 

 

 

 

 

Net Increase

 

10,711,114

 

36,597,059

 

 

 

 

 

 

 

Net Assets Available For Benefits:

 

 

 

 

 

Beginning of Year

 

102,280,202

 

65,683,143

 

End of Year

 

$

112,991,316

 

$

102,280,202

 

 

 

See accompanying notes to the financial statements.

 

 

5



 

Comfort Systems USA, Inc. 401(k) Plan

 

Notes to Financial Statements

 

December 31, 2004 and 2003

 

1. Description of Plan

 

General

 

The following description of the Comfort Systems USA, Inc. 401(k) Plan (the “Plan”) is provided for general information only. Participants should refer to the Summary Plan Description for a more complete description of the Plan’s provisions, a copy of which is available from Comfort Systems USA, Inc. (the “Company”).

 

The Plan is a defined contribution plan, established effective October 1, 1998, as amended and restated effective January 1, 2003, and is subject to the provisions of the Employee Retirement Income Security Act of 1974 (“ERISA”).

 

Transfers From Other Qualified Plans

 

During 2003, net assets from other qualified plans were transferred into the Plan as follows:

 

Plan Name

 

Effective
Date of
Merger

 

Net Assets
Transferred
In

 

 

 

 

 

 

 

MJ Mechanical 401(k) Plan

 

1/1/2003

 

$

5,117,902

 

Quality Air Heating & Cooling, Inc. 401(k) Plan and Trust

 

1/1/2003

 

8,338,097

 

Tri-City Mechanical 401(k) Savings Plan

 

7/1/2003

 

3,211,732

 

Airtemp Mechanical 401(k) Plan

 

9/1/2003

 

454,835

 

Target Construction, Inc. 401(k) Plan

 

11/1/2003

 

2,067,416

 

Design Mechanical, Inc. Profit Sharing/401(k) Plan

 

11/1/2003

 

393,175

 

Total

 

 

 

$

19,583,157

 

 

Eligibility

 

Employees of the Company are eligible to participate in the Plan on the first day of each quarter coincident with or following their date of hire. Participants become eligible to receive the Company’s discretionary matching contribution after the completion of one year of service, as defined by the Plan.

 

Contributions

 

Participants may elect to defer a percentage of their compensation during the plan year which is defined in the Plan and subject to the limits imposed by the Internal Revenue Code.  Participants may also contribute amounts representing rollover distributions from other qualified plans.

 

6



 

The Company may make a discretionary matching contribution to the Plan in an amount equal to a percentage determined by the Company.  Effective May 1, 2003, the Company temporarily suspended the Company match for all highly compensated employees, as defined by the Internal Revenue Service (“IRS”), until January 1, 2004 when these contributions were reinstated.  Additional discretionary contributions may be made at the option of the Company.  No additional discretionary contributions were made for the years ended December 31, 2004 and 2003.  Certain participants whose services are covered by the federal, state, or municipal prevailing wage law or the Davis Bacon Act, as amended, receive Company prevailing wage law profit-sharing contributions.

 

Participants direct the investment allocation of all contributions.

 

Participant Accounts

 

Each participant’s account is credited with the participant’s contribution, the Company discretionary matching contribution, if any, and allocations of (a) the Company’s additional discretionary contribution and (b) Plan earnings, and charged with an allocation of administrative expenses.  Allocations are based on the participant earnings or account balances, as defined by the Plan.  The benefit to which a participant is entitled is the benefit that can be provided from the participant’s vested account.

 

Vesting

 

Participants are immediately vested in their contributions and the prevailing wage law profit-sharing contributions made on behalf of eligible participants plus actual earnings thereon.  Participants are 100% vested in Company discretionary contributions plus earnings upon attainment of age 59½, death, or disability.  Participants whose service terminates prior to age 59½ for reasons other than retirement, death, or disability are eligible to receive vested Company discretionary contributions, if any, and interest thereon based on years of continuous service.  A participant is 20% vested in Company discretionary contributions after one year and an additional 20% for each year thereafter.

 

Participant Loans

 

Participants may borrow from their accounts a minimum of $1,000 up to a maximum equal to the lesser of $50,000 or 50% of their vested account balance, less the participant’s highest outstanding loan balance during the preceding 12 months.  The loans are secured by the balance in the participant’s account.  The loan term may not exceed five years, except for loans used for the purchase of a principal residence, which may be repaid in up to ten years.  The interest rate is fixed at the time of borrowing and shall be a reasonable rate of interest as determined by the plan administrator.  Principal and interest are paid ratably through payroll deductions.  Participant loans were $3,172,960 and $2,787,079 at December 31, 2004 and 2003, respectively.

 

7



 

Payment of Benefits

 

On termination of service due to death, disability, or retirement, a participant may elect to receive either a lump-sum amount equal to the value of the participant’s vested interest in his or her account, or annual installments over a ten-year period.  For termination of service for other reasons, a participant may receive the value of the vested interest in his or her account as a lump-sum distribution.

 

Forfeitures

 

Forfeitures occur when a participant terminates employment before becoming 100% vested with respect to their Company discretionary contributions.  Forfeitures shall be used to reduce future Company discretionary contributions or to pay administrative expenses of the Plan.  At December 31, 2004 and 2003, forfeited nonvested accounts totaled $161,868 and $96,590, respectively.  During 2004 and 2003, Company discretionary contributions were reduced by $1,495 and $282,946 from forfeited nonvested accounts, respectively.  During 2004 and 2003, administrative expenses of $101,078 and $56,916 were paid from forfeited nonvested accounts, respectively.  During January 2005, the Company funded approximately $209,000 of the employer contribution receivable at December 31, 2004 from forfeited nonvested accounts.

 

Administrative Expenses

 

Certain administrative expenses of the Plan are paid by the Company.

 

Plan Termination

 

Although it has not expressed any intent to do so, the Company has the right under the Plan to terminate the Plan subject to the provisions of ERISA.  Upon plan termination, participants would become 100% vested in their account balances.

 

2. Summary of Accounting Policies

 

Basis of Accounting

 

The accompanying financial statements of the Plan are prepared on an accrual method of accounting in accordance with U.S. generally accepted accounting principles.

 

Benefits

 

Benefit payments to participants are recorded upon distribution.

 

8



 

Use of Estimates

 

The preparation of financial statements in conformity with U.S. generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and changes therein, and disclosure of contingent assets and liabilities.  Actual results could differ from those estimates.

 

Investment Valuation

 

Effective October 1, 1998, the Plan entered into a group annuity contract with Connecticut General Life Insurance Company (“CGLIC”), a CIGNA Corporation company (“CIGNA”).  Effective April 1, 2004, Prudential Retirement Insurance and Annuity Company (“PRIAC”), a company of Prudential Financial Inc. (“Prudential”), assumed all obligations and liabilities under the CGLIC group annuity contract.  This assumption is the result of Prudential’s acquisition of CIGNA’s retirement operations.  The contract includes the Prudential (formerly CIGNA) Guaranteed Income Fund, which is invested in Prudential’s general portfolio and is recorded at contract value, which approximates fair value.  The Guaranteed Income Fund does not have a maturity date or penalties for early withdrawals.  Participant-directed transfers among investment options and distributions will normally be made immediately; however, Prudential may exercise its contractual right to defer a transfer or distribution from the Guaranteed Income Fund. It has seldom been necessary for Prudential to invoke this deferral provision.  The rate of credited interest for any period of time will be determined by PRIAC and is guaranteed for six-month periods (January 1 through June 30 and July 1 through December 31).  The average yield for PRIAC and CIGNA was approximately 2.93% and 2.88% for the years ended December 31, 2004 and 2003, respectively.  The crediting interest rate (i.e., the rate at which interest was accrued to the contract balance) for PRIAC and CIGNA was 3.10% and 3.00% as of December 31, 2004 and 2003, respectively.

 

The contract also includes investments in pooled separate accounts, which were stated at fair value as determined by PRIAC and CGLIC at December 31, 2004 and 2003, respectively, based on the quoted market values of the underlying assets in the separate accounts.  Common stock is stated at fair value based on quotations obtained from national securities exchanges.  Participant loans are stated at cost, which approximates fair value.

 

9



 

3. Investments

 

As of December 31, 2004 and 2003, the Plan’s trustee was Prudential Bank & Trust, FSB and CIGNA Bank & Trust Company, FSB, respectively.  Individual investments that represent 5% or more of the Plan’s net assets are as follows:

 

 

 

December 31,

 

 

 

2004

 

2003

 

 

 

 

 

 

 

Prudential Guaranteed Income Fund

 

$

27,306,483

 

 

 

PRIAC pooled separate accounts:

 

 

 

 

 

Balanced I/Wellington Management Fund

 

6,745,153

 

 

 

Dryden S&P 500 Index Fund

 

6,472,204

 

 

 

Large Cap Value/John A. Levin & Co. Fund

 

5,931,996

 

 

 

Large Cap Growth/Goldman Sachs

 

12,814,509

 

 

 

Small Cap Growth/Times Square Fund

 

5,967,313

 

 

 

Oppenheimer Global Fund (Class A)

 

7,646,988

 

 

 

 

 

 

 

 

 

CIGNA Guaranteed Income Fund

 

 

 

$

27,450,741

 

CGLIC pooled separate accounts:

 

 

 

 

 

Balanced I/Wellington Management Fund

 

 

 

6,240,479

 

S&P 500 Index Fund

 

 

 

5,563,946

 

Large Cap Value/John A. Levin & Co. Fund

 

 

 

5,195,230

 

Large Cap Growth/Goldman Sachs

 

 

 

8,470,368

 

Small Cap Growth/Times Square Fund

 

 

 

5,927,504

 

Oppenheimer Global Fund (Class A)

 

 

 

5,898,220

 

 

 

 

 

 

 

Total investments exceeding 5%

 

72,884,646

 

64,746,488

 

Other

 

39,042,333

 

36,669,210

 

 

 

 

 

 

 

TOTAL INVESTMENTS

 

$

111,926,979

 

$

101,415,698

 

 

During 2004 and 2003, the Plan’s investments (including investments bought, sold, and held during the plan year) appreciated as follows:

 

 

 

Year Ended December 31,

 

 

 

2004

 

2003

 

 

 

 

 

 

 

Common Stock

 

$

1,253,116

 

$

1,471,842

 

Pooled separate accounts

 

7,189,276

 

 

13,629,427

 

 

 

$

8,442,392

 

$

15,101,269

 

 

10



 

4. Income Tax Status

 

The Plan obtained its determination letter subsequent to year end on April 1, 2005, in which the Internal Revenue Service stated that the Plan, as designed, is qualified under Section 401(a) of the Internal Revenue Code (the “IRC”).  The plan administrator believes that the Plan is currently designed and operating in compliance with the requirements of the IRC.

 

5. Risks and Uncertainties

 

The Plan provides for various investments in common stock, pooled separate accounts, and a group annuity contract.  Investment securities, in general, are exposed to various risks, such as interest rate, credit, and overall market volatility risks.  Due to the level of risk associated with certain investment securities, it is reasonably possible that changes in the value of investment securities will occur in the near term and that such changes could materially affect the amounts reported in the statements of net assets available for benefits and participant account balances.

 

6. Party-in-Interest Transactions

 

The Plan invests in various PRIAC pooled separate accounts, a company of Prudential.  These investments are considered party-in-interest transactions because Prudential Bank & Trust, FSB, a company of Prudential, serves as trustee of the Plan.  The Plan management has approved these investment options.

 

The Plan also invests in the Company’s common stock.  Transactions in Company stock are considered party-in-interest transactions because the Company is the Plan sponsor.

 

11



 

Comfort Systems USA, Inc. 401(k) Plan

 

Schedule H, Line 4(a) – Schedule of Delinquent Participant Contributions

 

EIN: 76-0526487    PN: 001

 

Year ended December 31, 2004

 

 

 

Total that constitutes nonexempt prohibited transactions

 

 

 

Participant
contributions
transferred
late to plan

 

Contributions
not corrected

 

Contributions
corrected outside
VFCP

 

Contributions
pending correction
in VFCP

 

Total fully
corrected under
VFCP and PTE
2002-51

 

 

 

 

 

 

 

 

 

 

 

$

5,454

 

$

 

$

5,454

 

$

 

$

5,454

 

 

12



 

Comfort Systems USA, Inc. 401(k) Plan

 

Schedule H, Line 4(i) – Schedule of Assets (Held At End of Year)

 

EIN: 76-0526487    PN: 001

 

December 31, 2004

 

(a)

 

(b)

 

(c)

 

(d)

 

(e)

 

Party in
Interest

 

Identity of issue, borrower,
lessor, or similar party

 

Description of Investment including
maturity date, rate of interest, collateral,
par or maturity value

 

Cost

 

Current Value

 

*

 

Prudential Retirement Ins

 

Guaranteed Income

 

N/A

 

$

27,306,483

 

*

 

Prudential Retirement Ins

 

Lifetime20 Fund

 

N/A

 

1,744,941

 

*

 

Prudential Retirement Ins

 

Lifetime30 Fund

 

N/A

 

3,305,803

 

*

 

Prudential Retirement Ins

 

Lifetime40 Fund

 

N/A

 

2,983,838

 

*

 

Prudential Retirement Ins

 

Lifetime50 Fund

 

N/A

 

1,375,371

 

*

 

Prudential Retirement Ins

 

Lifetime60 Fund

 

N/A

 

347,147

 

*

 

Prudential Retirement Ins

 

Dryden S&P 500 Index Fund

 

N/A

 

6,472,204

 

*

 

Prudential Retirement Ins

 

Fidelity Advisor Equity Growth

 

N/A

 

4,354,944

 

*

 

Prudential Retirement Ins

 

AIM Dynamics Fund

 

N/A

 

 

*

 

Prudential Retirement Ins

 

Janus Worldwide Account

 

N/A

 

 

*

 

Prudential Retirement Ins

 

Large Cap Growth/Goldman Sachs

 

N/A

 

12,814,509

 

*

 

Prudential Retirement Ins

 

Small Cap Growth/Times Square

 

N/A

 

5,967,313

 

*

 

Prudential Ret. Brokerage Svcs

 

Comfort Systems USA Stock – 515,050 shares

 

N/A

 

3,955,584

 

*

 

Prudential Retirement Ins

 

Large Cap Value/John A. Levin

 

N/A

 

5,931,996

 

*

 

Prudential Retirement Ins

 

Large Cap GRO/RCM

 

N/A

 

 

*

 

Prudential Retirement Ins

 

Mid Cap Value/Wellington Mgmt

 

N/A

 

3,504,069

 

*

 

Prudential Retirement Ins

 

Small Cap Value/Kennedy Capital F

 

N/A

 

 

*

 

Prudential Retirement Ins

 

Global Value/Morgan Stanley

 

N/A

 

875,467

 

*

 

Prudential Retirement Ins

 

International Blend/The Boston Co

 

N/A

 

892,647

 

*

 

Prudential Retirement Ins

 

Balanced I/Wellington Mgmt.

 

N/A

 

6,745,153

 

*

 

Prudential Retirement Ins

 

Waddell & Reed Accum-CL A SH

 

N/A

 

3,652,414

 

*

 

Prudential Retirement Ins

 

Strong Adv Small Cap Valu-CL Z

 

N/A

 

3,179,500

 

*

 

Prudential Retirement Ins

 

Oppenheimer Global-CL A

 

N/A

 

7,646,988

 

*

 

Prudential Retirement Ins

 

Mid Cap Growth/Goldman Sachs Fund

 

N/A

 

5,272,376

 

*

 

Prudential Retirement Ins

 

St St Global Adv RUS 3000 INDX

 

N/A

 

27,898

 

*

 

Prudential Retirement Ins

 

Large Cap Value/LSV Asset Mgmt

 

N/A

 

380,074

 

*

 

Prudential Retirement Ins

 

Cash Transaction Account (Gst)

 

N/A

 

17,300

 

 

 

Outstanding Participant Loans

 

4.25% - 11.50%, various maturity dates

 

N/A

 

3,172,960

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

111,926,979

 

 


N/A - Not applicable as permitted by Department of Labor for participant-directed individual account plans.

 

13



 

SIGNATURES

 

The Plan.  Pursuant to the requirements of the Securities and Exchange Act of 1934, the 401(k) Investment Committee has duly caused this annual report to be signed on its behalf by the undersigned hereunder duly authorized.

 

 

 

COMFORT SYSTEMS USA, INC. 401(k) PLAN

 

 

 

 

 

By:

/s/ WILLIAM GEORGE

 

 

 

William George

 

 

Executive Vice President and

 

 

Chief Financial Officer of

 

 

Comfort Systems USA, Inc.

 

 

401(k) Investment Committee Member

 

 

 

Date: June 28, 2005

 

 

 

14



 

INDEX TO EXHIBITS

 

The following are included as exhibits to the report:

 

NUMBER

 

DESCRIPTION

 

 

 

23.1

 

Consent of UHY Mann Frankfort Stein & Lipp CPAs, LLP

 

 

 

23.2

 

Consent of Ernst & Young LLP

 

15


EXHIBIT 23.1

 

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

 

 

We hereby consent to the incorporation by reference in the Registration Statement on Form S-8 (File No. 333-44356) pertaining to the Comfort Systems USA, Inc. 401 (k) Plan of our report dated June 21, 2005, related to the financial statements and supplemental schedules of the Comfort Systems USA, Inc. 401 (k) Plan, included in this Annual Report on Form 11-K for the year ended December 31, 2004.

 

 

 

/s/ UHY Mann Frankfort Stein & Lipp CPAs, LLP

 

 

Houston, Texas

June 21, 2005

 

 


 

EXHIBIT 23.2

 

 

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

 

 

We consent to the incorporation by reference in the Registration Statement (Form S-8 No. 333-44356) pertaining to the Comfort Systems USA, Inc. 401 (k) Plan of our report dated June 16, 2004, with respect to the financial statements of the Comfort Systems USA, Inc. 401 (k) Plan included in this Annual Report (Form 11-K) for the year ended December 31, 2003.

 

 

 

/s/ Ernst & Young LLP

 

 

Houston, Texas

June 23, 2005