If I ever have an issue or question, they are always available to help in a kind and timely manner.. Craftsman Chic. The trial court awarded Blake $207,279 in attorney fees and $32,825 in expenses. Following a bench trial, the trial court entered judgment in favor of Blake as follows: severance pay in the amount of $180,000 (representing 12 months salary); incentive compensation/percentage of net profits in the amount of $19,809.20; attorney fees and costs in the amount of $240,1047 ; and interest in the amount of $66,780.8. This browser is no longer supported. building #1 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1917 bay line lane. Brock Built argues that the trial court erred by awarding Blake twelve months severance instead of six months. (Punctuation omitted.) Specifically, the trial court awarded Blake 40 percent of the $518,198 he sought in total damages, plus his costs, rather than 40 percent of the $256,589 awarded to Blake. 230, 233(3), 430 S.E.2d 385 (1993). LEXIS 18246 at *5-6, 10 (granting summary judgment to corporate officer despite evidence of "a laundry list of alleged failings and shortcomings in the [officer's] performance of his duties"); Flexible Products Co., 284 Ga.App. His homes. FN12. At 60 percent AMI that would be $1,080; and at 80 . Constr. Both parties filed cross-motions for summary judgment. Thus, given the clear language of the contract that the parties would use the accountant's calculation to determine profit margin for the purpose of calculating Blake's share of profit (bonus), the parties are bound by that plain language. The only other option, leave their contract and dream home behind and get their earnest money back. Blake asserts that Brock Built's contractual agreement to pay him a percentage of net profits in 2005 gave rise to a fiduciary duty to calculate its profits in good faith, and that the alleged violation of that duty amounted to a tort from which he suffered damages. 1:16-cv-07135 (N.D. Ill.). Breach of Contract Failure to Pay Incentive Compensation. at 818819(1)..FN3. There's a cheesy incarnation waiting for you no matter what you palete preferences are. We disagree. Blake further alleged that Brock Built tortiously breached its duty of good faith and fair dealing in determining its annual net profit for the purposes of calculating Blake's incentive compensation. at 758(5), 556 S.E.2d 517; Constr. Brock Built, 300 Ga.App. 579, 584(2) (602 S.E.2d 297) (2004). I was told by a realtor to look into a community being built by Ashton Woods in Chandler AZ. When faced with Blake's sworn statements denying these allegations, Brock Built was required to put forth some competent evidence illustrating a triable question of fact on these issues. Community features This vibrant community is one of the most diverse locations Atlanta has to offer in-town homebuyers. (Punctuation omitted.) 56, 63-65(IV)(C) (D.Del.2004) (affirming dismissal of claim for breach of fiduciary duty despite allegations that corporate officers and directors "abdicated their responsibility over the management and business affairs of the [corporation]"). (404) 472-5707. etc., Research, 274 Ga.App. I knew I wanted to live in the Midtown area based on convenient interstate access and the up and coming Westside community. Our commitment to quality and customer service is found in every detail of our new homes in Atlanta. 141, 143-144, 671 S.E.2d 195 (2008). In real estate, location is everythingand we take that to heart. Even if we were to assume that Blake's allegedly selfish motives could render Brock Built's financial success in 2005 a breach of his duty to the company, Brock Built failed to submit any specific evidence in support of its claims. See id. Stone, Atlanta, for appellee. Although Brock Built initially argued that Blake voluntarily resigned, we concluded on appeal that the facts simply do not support a conclusion that Blake voluntarily resigned.10 Thus, the issue at trial was whether Blake was employed with a third party within six months of his termination from Brock Built.11. Lender, 228 Ga.App. The trademarks MLS, Multiple Listing Service and the associated logos are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA. The neighborhood would be located on 122 acres at Interstate 75 and Spring. Our communities are built exactly where you want to live: in vibrant, thriving areas youll love to call home. I toured the model homes and fell in love with everything from the floor plan to the beautiful details throughout the home. The trial court also reduced Blake's incentive compensation by $10,000 based on an advance on profit sharing paid to him by Brock Built; the reduction is not at issue on appeal. The agreement between the parties provided that: [t]he Company shall pay or reimburse Blake for all costs and expenses (including court costs and reasonable attorney[] fees) incurred by Blake in connection with any litigation seeking to enforce Blake's rights under this Agreement, provided that Blake is substantially successful in such litigation.. See also Bourke, 277 Ga.App. at 60-66(IV)(A)-(F). Contact. the net profit of the Company before federal and state income taxes, determined in accordance with accepted accounting practices by the accounting firm employed by the Company and adjusted to exclude the IRS inventory adjustment. The total amount of the judgment to Blake was $256,589 (inclusive of interest) plus $240,104 in attorney fees, costs, and expenses.. FN21. The development, to be known as Morrison Park, would be built on an undeveloped 25-acre parcel at the intersection of Haynes Bridge Road and Morrison Parkway. Then click the filter button to the right to filter community results by the region you selected. See, e.g., Yargus v. Smith, 254 Ga.App. The trial court also reduced Blake's incentive compensation by $10,000 based on an advance on profit sharing paid to him by Brock Built; the reduction is not at issue on appeal. From skilled contractors to building materials, only the best will do. Although the trial court granted summary judgment to Brock Built on the latter claim, Blake successfully obtained a judgment for both severance and incentive compensation. Our convenient, carefully curated communities are second-to-none. We cannot say with certainty that Blake was entitled to summary judgment as a matter of law on this breach of contract claim. 579, 584(2) (602 S.E.2d 297) (2004)..FN16. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Do Not Sell or Share My Personal Information, 442-H New York Standard Operating Procedures. McReynolds v. Krebs, 307 Ga.App. Prices begin in the high $300,000s, according to Brock Built. construction will be concrete slab on grade w wood stud walls & wood framed roofs. See ServiceMaster Co., 252 Ga.App. (Punctuation omitted.) Stay up-to-date with how the law affects your life. Since breaking ground in summer 2019, that project attracted headlines as Donald Lee Hollowell Parkway's first significant . 53 talking about this. Thank you Dahlia, Barry, Mark, Steve, Evanne, Brian, Joe and anyone else that helped me with my new home!, We could not be any more pleased with our home purchase through Brock Built. Then when I am ready for the hustle and bustle I am only minutes away from Atlantic Station and Midtown. If youre ready to find new construction homes, were ready to help. (Punctuation omitted.) building #1 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), Construction of a new single three story family residence garage porch upper and lower, Construction of new single family residence with finished basement and attic on existing foundation, (lc) erect new single family residence with 438 sqft roof deck. As you search for your new home, you'll find that we deliver everything from the suburban lifestyle of Woodstock to the in-town lifestyle of West Midtown, or unique vineyard living in Norcross. 1. The business judgment rule affords an officer the presumption that he or she acted in good faith, and absolves the officer of personal liability unless it is established that he or she engaged in fraud, bad faith or an abuse of discretion: (Citations and punctuation omitted.) 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The [c]ourt does not find that Blake's income from his own LLC is synonymous with employment with a third party [.] For this reason, Blake is entitled to the equivalent of twelve months [] salary, or $180,000, as severance.13, Brock Built argues that the trial court erred by determining that Blake did not forfeit half of his severance by becoming employed by Terranova Properties, Inc., which Brock Built argues is a third-party. Zillow, Inc. holds real estate brokerage licenses in multiple states. See also Matter of Munford, Inc., 98 F.3d 604, 611(B) (11th Cir.1996); Medserv Corp. v. Nemnom, 1997 U.S. Dist. The trial court awarded Blake $207,279 in attorney fees and $32,825 in expenses..FN7. 2022. We are unpersuaded by this argument. FN18. FN19. Salvati stated that the statement was prepared by HLB Gross Collins, the independent accounting firm with which Salvati was employed, in accordance with generally accepted accounting principles (GAAP). When Brock vaguely referenced that he had "cause" to terminate Blake, Blake inquired as to "what kind of things [he] did." We find no basis for reversal. On appeal from a grant or denial of summary judgment, we review the evidence de novo, construing all inferences in the light most favorable to the nonmovant in order to determine whether the trial court erred in concluding that the movant was entitled to judgment as a matter of law. But even construing the record in the light most favorable to Brock Built, the evidence does not support a finding of voluntary resignation. While building hundreds of new homes, Brock Built always made us feel like our home was the most important one they were working on. The determination of profit margin made by the accounting firm employed by the Company shall be final and binding. Blake argues that the trial court erred by improperly calculating the amount of incentive compensation he was contractually entitled to receive. We have been extremely happy with our home. 300 Ga.App. The issues, problems, consequences or repercussions. We recommend getting multiple quotes for any construction project. at 751(1)..FN20. 619, 620(1) (627 S.E.2d 207) (2006). Lender, 228 Ga.App. The families bought homes built by Trinity Homes, LLC ("Trinity") in Indiana between June 1, 1998, and October 31, 2002. at 823825(4)..FN6. Action 9 first uncovered serious complaints against the builder in 2015, but consumers are still complaining over denied refunds. the net profit statement [the accounting firm] produced for Brock Built in 2005, reflecting profits of $944,220, is accurate. Compare Prophecy Corp. v. Charles Rossignol, Inc., 256 Ga. 27, 28-30(1), 343 S.E.2d 680 (1986) (a party's self-contradictory testimony is subject to an unfavorable construction on summary judgment). Williamson v. Strickland & Smith, Inc., 296 Ga.App. Sign up for our free summaries and get the latest delivered directly to you. In 2015, it was the 5th largest homebuilder in the United States. Brock Built next argues that the trial court erred in granting Blake summary judgment on its counterclaim for breach of fiduciary duty. (Punctuation omitted.) Brock Built acquired the remaining lots in 2013 & is finishing out the community in 2020. The . at 820821(2). They are committed to quality and . award-winning life + style | Since 1984, this growing company has been a premier builder of Atlanta new homes. (Emphasis in original.). While building hundreds of new homes, Brock Built always made us feel like our home was the most important one they were working on. It follows that the duty allegedly breached by Brock Built and the damages arising therefrom arose solely from Brock Built's alleged breach of contract and are encompassed within that claim. 2. KING COUNTY, Wash. A new class-action lawsuit in the works accuses home developer LGI Homes of shoddy construction and violating the Consumer . See id. Marietta, GA 30067-6410. Brock of Hemet, CA Verified Reviewer. In this employment dispute, appellee Henry Blake, the former president of appellant Brock Built, LLC, sued Brock Built alleging that Brock Built breached his employment contract by terminating him and failing to pay the severance and incentive compensation due under the terms of the contract. FN6. 2. at 585(2). City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. First, the Contract required written notice in the event that Blake intended to resign. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. The civil suit, filed today in New Castle [] FN3. my dream finally came true when I moved into the most beautiful home that I have ever seen, let alone have the opportunity to live in! " Quality is more than a promise. FN13. Headquarters. For listings in Canada, the trademarks REALTOR, REALTORS, and the REALTOR logo are controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA. Finally, Blake argues that the trial court erred by overruling his objection to the admission of evidence from Salvati because Brock Built asserted the accountant-client privilege during discovery. We agree and reverse. Various floor plans including 2-4 bedroom townhomes, 2 car garages, basements. But we haven't done that, so I'm going to let her testify about it, especially since her signature is on the tax document., The admission of evidence is generally committed to the sound discretion of the trial court, whose determination shall not be disturbed on appeal unless it amounts to an abuse of discretion.21 Here, given Blake's failure to file a motion in limine to exclude Salvati's testimony or a motion to compel her testimony regarding the tax returns once Brock Built listed her as a may-call witness in the consolidated pretrial order, we find no abuse of discretion in the trial court's decision to permit Salvati's testimony on this issue.22. Brooke-Built Homes takes pride in quality construction. After the trial court ruled on the parties' cross-motions for summary judgment, the case proceeded to a bench trial, and the trial court entered judgment in favor of Blake. From the variety of our award-winning floor plans to our energy efficient features, you will find our Craftsman, Traditional, Modern, and Custom-built new homes are designed with your lifestyle in mind. (b)Brock Built also contends that the trial court erred by awarding Blake $240,104 in attorney fees and costs because he failed to demonstrate the reasonableness of the amount sought. Patents on Brock's PowerBase and PowerBase YSR products (Case No. Tvrdeich, 268 Ga.App. See also Bourke, 277 Ga.App. Blake's counsel requested 40 percent of the total damages awarded, explaining that because the trial court granted Brock Built summary judgment on Blake's tort claim for breach of the duty of good faith and fair dealing, he could recover only those costs incurred in pursuing his breach of contract claims. The trial court awarded Blake $207,279 in attorney fees and $32,825 in expenses. Brock commenced the brief meeting by announcing, "I think we need to go ahead and end the relationship. Kaplan anticipates construction to begin in September, with. About a mile and a half east of Marietta's historic square, within clucking . February 10, 2022 (SAINT PAUL) Minnesota Attorney General Keith Ellison announced at a press conference today [passcode: paG4$2Vj] that he has filed a lawsuit against controversial, hedge fund-owned, mega-landlord HavenBrook Homes, the landlord of more than 600 single-family residential properties . construction will be concrete slab on grade w wood stud walls & wood framed roofs. The parties dispute whether Blake was terminated or voluntarily resigned during the meeting. The parties filed a consolidated pre-trial order on March 29, 2010, and Brock Built listed Salvati as a may call witness in the order. at 890(3). FN18. FN21. [C]onstruing the evidence in favor of [Blake], there was evidence that the contingency fee [he] agreed to pay was a valid indicator of the value of [his] attorney's services.17. McReynolds v. Krebs, 307 Ga.App. FN7. at 819(1). Turner Broadcasting System, 627 F. Supp. at 823825(4). Select a region from the list. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. Judgment affirmed in part, and vacated and remanded in part. Building permit records show that Brock Built Homes LLC has worked on 1135 permitted projects. Property data maintained by MARKETWAKE, LLC, Pros and Cons of Living in the Florida Panhandle, 5 Airports Near the Florida Panhandle that Make Traveling a Breeze, Best Places to Live in the Florida Panhandle. Greenspace. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). FN16. So viewed, the evidence shows that Blake was hired by Brock Built as a construction manager in 2003. (ca3-17-085 86 ca3-16-507) ld-201700083, Construction of a new single-family residence with detached garage to include 630 sqft of finished space above garage 90 day extension - per gpace - on 10/25/2018 **4/1/19**revisions finish previously unheated attic, Erectnew two story single family residence with finished walk-up attic and unfinished basement. In granting summary judgment to Blake, the trial court concluded that, even if there did exist a conflict in the evidence with respect to Brock Built's 2005 net income, the conflict was created by and should be construed most strongly against Brock Built, which was bound by the sworn net income statement contained within its tax returns. To sue in tort for actions otherwise arising out of the breach of a contractual obligation, "the defendant must also breach an independent duty created by statute or common law." Unlock this free profile Select details like cabinetry and lighting through our design center. Driskell further testified that Brock Built's 2005 tax returns (specifically, the IRS Schedule M1), which reported the company's net income as $3.1 million, was a reasonable proxy for determining the company's net profits according to GAAP. We invite you to visit our Atlanta, GA new home communities in exceptional locations including West Midtown, Intown, Downtown, East Atlanta, Norcross, Vinings, Woodstock, Marietta and East Cobb. at 72-74, 110 S.E.2d 128. All Rights Reserved. Brock Built Homes 1984 - Present38 years Atlanta, GA Steve Brock, Founder and CEO of Brock Built Homes, brings over 35 years of homebuilding experience to the marketplace. Second, the transcript memorializing the February 10 meeting between Brock and Blake demonstrates no such resignation. 94104, Brock Built Homes LLC has a BuildZoom score of. Driskell conceded, however, that he did not reach an independent determination of the company's net income for 2005 based on Brock Built's financial information. 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