See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. A09A1537. (Punctuation omitted.) Quality craftsman style homes you expect from decades of experience building in Atlantas best neighborhoods. Zillow (Canada), Inc. holds real estate brokerage licenses in multiple provinces. 442-H New York Standard Operating Procedures New York Fair Housing NoticeTREC: Information about brokerage services, Consumer protection noticeCalifornia DRE #1522444Contact Zillow, Inc. FN1. FN16. Negotiations are continuing on attorney fees . 619, 620(1) (627 S.E.2d 207) (2006). Since 1984, Brock Built has been a premier local Atlanta, GA home builder, dedicated to consistently earning our reputation as the top builder of new homes in Atlanta, GA. Our commitment to quality craftsmanship and customer service is visible in every detail of our new semi-custom homes. New construction homes designed with you in mind. 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." Deadlines were met on the day we were told and most importantly, we actually closed on time, on the exact day expected! FN8. 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. LEXIS 18246 at *9-11(II); Stanziale, 330 B.R. Blake testified that Terranova Properties was a one-man operation, and he was solely responsible for preparing estimates, proposals, bids, contracts, and invoices, reviewing bills, and maintaining the profitability of the corporation. When it came to comparing the two options the biggest factors for me were the simple pleasures: the quaintness of the neighborhood, being able to go for walks and having a quiet cup of coffee on my porch. But, even assuming that Brock Built's consolidated financial report and the 2005 tax return constitute inconsistent statements, we are not authorized on summary judgment to construe them against Brock Built in light of the sworn declaration from the nonparty accountant who prepared both documents. _ (Case No. I love the team, I love the house, I love the neighborhood, and Thank God everyday for giving me the opportunity to live in the most beautiful home that I have ever owned! These facts simply do not support a conclusion that Blake voluntarily resigned. 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. Compare TSG Water Resources, 260 Fed.Appx. 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. See Thompson v. Ezor, 272 Ga. 849, 852(2), 536 S.E.2d 749 (2000) ("The holding that `the testimony of a party who offers himself as a witness in his own behalf is to be construed most strongly against him,' when passing upon a motion for summary judgment, does not apply to contradictory statements by witnesses who are not parties to the litigation.") Their BuildZoom score of 99 ranks in the top 15% of 84,062 Georgia licensed contractors. 356, 357, 677 S.E.2d 321 (2009). 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. Breach of Contract Failure to Pay Incentive Compensation. Pursuant to the employment agreement, Brock Built agreed to pay Blake a designated annual base salary, plus incentive compensation, which was comprised of a set percentage of the company's profit margin. The agreement defined profit margin as. to update company info and see who's viewing your profile. The Ryland Group, Inc. was a company engaged in home construction based in Westlake Village, California. Brock of Hemet, CA Verified Reviewer. Brock Built City Neighborhoods, LLC ("Brock Built") appeals from the trial court's entry of default judgment against it and in favor of Century Fire Protection, LLC ("Century"), contending that it was not properly served with the complaint. A court may consider a contingent fee agreement and the amount it would have generated as evidence of usual and customary fees in determining both the reasonableness and the amount of an award of attorney fees. (ca3-17-085 86 ca3-16-507) ld-201700083, Castle berry station townhomes building 1 lot 2 - new construction of 3 story w roof access a garage and outdoor deck in a 5 unit building. at 758(5), 556 S.E.2d 517; Constr. 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. Whether Blake forfeited half of his severance was not at issue during the previous appeal. Hanson Staple Co. v. Eckelberry, 297 Ga.App. Innovative. Then when I am ready for the hustle and bustle I am only minutes away from Atlantic Station and Midtown. Munger & Stone, Thomas J. Munger, Benjamin A. Customer Complaints Summary Business's Response Rate: 75% 4 total complaints in the last 3 years. Brock Built contends that, when calculating Blake's incentive compensation, it relied upon a 2005 consolidated financial report prepared by an outside certified public accountant which reported Brock Built's net income as less than $1 million. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. FN20. FN17. Working with Brock Built was great. (punctuation and footnote omitted); Patterson v. Bates, 295 Ga.App. 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..FN18. at 181(2)(b)(ii), 643 S.E.2d 560 (2007) ("Georgia's business judgment rule relieves officers and directors from liability for ordinary negligence in discharging their duties. The employment contract between Brock Built and Blake entitled Blake to severance compensation if Brock Built terminated the employment relationship, unless it was terminated for cause. Second, the transcript memorializing the February 10 meeting between Brock and Blake demonstrates no such resignation. 22, 2012)..FN15. Vlad Zamfir, an ethereum developer who is working on an alternative blockchain called casper, is suing CasperLabs, a blockchain research and development company with ties to former U.S . See also Hofrichter/Stiakakis, 291 Ga.App. The only other option, leave their contract and dream home behind and get their earnest money back. Brock Built Homes LLC is proposing to develop a 275-home community in booming Bartow County, northwest of Atlanta. FN7. FN18. The Contract defined "profit margin" as. An aerial view of the proposed Echo Street Project (Special: Brock Built Homes) The market rate would be $1,800 a month rent for a two-bedroom. Blake alleged that he was entitled to severance and incentive compensation under his agreement with Brock Built, and he framed his claims as breach of contract and breach of good faith and fair dealing. [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. See, e.g., Yargus v. Smith, 254 Ga.App. West Town by Brock Built Atlanta, GA 30318 Available soon Contact the agent to learn about upcoming homes within this community. 1110 Northchase Pkwy SE Ste 150. Their BuildZoom score of 107 ranks in the top 6% of 84,062 Georgia licensed contractors. Brock Built Homes is seeking to build a mixed-use community in Alpharetta, with 37 single-family homes, 144 townhomes and four office buildings, according to plans filed with the city. 749 (627 S.E.2d 454) (2006)..FN9. Finally, Brock Built argues that the trial court erred in denying its motion for *432 summary judgment on Blake's claim for breach of good faith and fair dealing. (Citation and punctuation omitted.) Ron Kaufman. 1, 5(3) (673 S.E.2d 858) (2009). LEXIS at *9(II). See id. Contact Information 1110 Northchase Pkwy SE Ste. Located on the revitalized Westside, this industrial-chic community offers the best of both worlds: a suburban-inspired residence in the midst of thriving city life. Brock Built acquired the remaining lots in 2013 & is finishing out the community in 2020. 1, 5(3) (673 S.E.2d 858) (2009). See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. (a)Brock Built argues that Blake was not entitled to attorney fees and costs under the parties' agreement because he was not substantially successful in this litigation, pointing out that Brock Built obtained summary judgment on Blake's claim for breach of good faith and fair dealing. 178, 181(2)(b)(ii), 643 S.E.2d 560 (2007). FN21. Lender, 228 Ga.App. Greenspace. at 817818. construction will be concrete slab on grade w wood stud walls & wood framed roofs. 330, 334(2) (705 S.E.2d 214) (2010)..FN21. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). A09A2373, decided Mar. See also Bourke, 277 Ga.App. 68, 72-74, 110 S.E.2d 128 (1959). 22, 2012). So viewed, the evidence shows that Blake was hired by Brock Built as a construction manager in 2003. I was told by a realtor to look into a community being built by Ashton Woods in Chandler AZ. 330, 334(2) (705 S.E.2d 214) (2010). In these consolidated appeals, we consider for a second time an employment dispute between plaintiff Henry Blake and defendant Brock Built, LLC. Georgia law requires that corporate officers and directors discharge their duties in good faith and with the care of an ordinarily prudent person in a like position. 2021 Brock Built LLC, Builder of New Construction Homes. Likewise, Brock Built's allegations regarding the deficiencies in Blake's management and budgeting amounted at best to a showing of negligent or careless performance of Blake's duties, which is insufficient to show breach of fiduciary duty as a matter of law. 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. FN7. The Adeline is a 3-story townhome with more than 1,900 square feet, three bedrooms and three-and-a-half baths, while the Manchester and Lancaster span . FN3. 2. Who is Brock Built. We disagree. In Southern California, nine cities from Del Mar to Sylmar have received 26 builder's remedy applications in the past eight months, seeking to build 8,642 new homes. Blake, the former president of . _ (Case No. The trial court concluded in the final order that Brock Built's accountant testified that. Breach of Contract Failure to Pay Severance. See Medserv Corp., 1997 U.S. Dist. Pursuant to the terms of the Contract, Brock Built agreed to employ Blake as president through September 2007 at a designated annual base salary, after which time the contract would automatically renew for one-year terms. We disagree with Blake. 2. Stone, Atlanta, for appellee. 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 . By letter dated February 24, Blake objected to Brock Built's termination of him without written notice, denied Brock Built had cause to terminate him, and demanded severance payments in accordance with the terms of the Contract. 1, 5(3) (673 S.E.2d 858) (2009). 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. Everyone, and I mean everyone, was so helpful, wonderful, understanding, consultative, nurturing, educational, etc all during the process. Blake argues that the trial court erred by improperly calculating the amount of incentive compensation he was contractually entitled to receive. 405, 409(2), 491 S.E.2d 853 (1997); Rhine v. Sanders, 100 Ga.App. Thank you again to the entire Brock Built family!, I could not have asked for a better experience working with Brock Built. (Citation omitted.) In 2015, it was the 5th largest homebuilder in the United States. (Punctuation omitted.) We agree with the trial court that Brock Built has not alleged conduct that rises to the level of fraud, bad faith or an abuse of discretion sufficient to establish a claim for breach of fiduciary duty. Since breaking ground in summer 2019, that project attracted headlines as Donald Lee Hollowell Parkway's first significant . FN9. [2] In October 2015, the company merged with Standard Pacific Homes to form CalAtlantic Homes . Williamson v. Strickland & Smith, Inc., 296 Ga.App. Ins. You can explore additional available newsletters here. award-winning life + style | Since 1984, this growing company has been a premier builder of Atlanta new homes. Their constant and open communication throughout the process kept me aware of everything going on as they worked to [meet] my personal deadline. Sign up for our free summaries and get the latest delivered directly to you. at 818819(1). 4 units in building with attached garage porch & patio (ld-201300025) west highlands phase 2 section 2, New townhome- 2107 marietta rd a/k/a 1914 kings cross building #4 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1916 kings cross building. See, e.g., Yargus v. Smith, 254 Ga.App. Tvrdeich, 268 Ga.App. 141, 143-144, 671 S.E.2d 195 (2008). Brohn Homes is building homes in new subdivisions from Georgetown to Lago Vista. (Citation omitted.) Building a home can be very stressful, but we feel that working with Brock Built Homes was the least stressful experience we could have had! projects. 1. All information contained herein is deemed accurate and reliable. 3 story with a basement 10/23/2018 permit extension for 30 days per a. epps, Erect two story single family residence with unfinished basement and finished attic, Erect new two story single family residence with finished basement; weston ii a lot 92, Erect new two story single family with 3rd floor bonus room. At 60 percent AMI that would be $1,080; and at 80 . At no time during *429 the meeting did Blake indicate that their employment relationship was being severed due to any voluntary conduct on his part. at 818819(1)..FN3. Breach of contractSeverance. See id. In addition, the plaintiff must have "an independent injury over and above the mere disappointment of plaintiff's hope to receive the contracted-for benefit." at 819(1). 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. Medserv Corp. v. Nemnom, 1997 *431 U.S. Dist. See also Hofrichter/Stiakakis, 291 Ga.App. I have already recommended Brock Built Homes to people I know and care about who wish to build a home and will continue to do so.. Their team, from the builder Larry all the way up to their agent Dahlia, made my first home buying experience a great one. The total amount of the judgment to Blake was $256,589 (inclusive of interest) plus $240,104 in attorney fees, costs, and expenses.. Honest service and great value are among our top priorities. November 6, 2009. Blake's attorney objected, explaining that during Salvati's April 2007 deposition, Brock Built's counsel instructed her not to offer any testimony regarding the tax return. See id. Finally, at the meeting the following Monday, February 13, Brock presented Blake with his proposed termination agreement (which offered Blake less compensation than that to which he was entitled in the event of termination without cause) and instructed him to review it and "come back with comments." FN11. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 743, 745(2), 490 S.E.2d 463 (1997) (despite the employee being at-will, a separate duty arose from the contractual term agreeing to treat her as "some sort of partner"). FN9. 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. 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). Wynn v. Arias, 242 Ga.App. We are continuously working to improve the accessibility of our web experience for everyone, and we welcome feedback and accommodation requests. The parties dispute whether Blake was terminated or voluntarily resigned during the meeting. FN1. Accordingly, we find no error in the trial court's decision to award Blake attorney fees and costs.15. 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. 554, 558, n. 4, 2000 WL 1839390 (2000). Judgment affirmed in part, and vacated and remanded in part. 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. The meeting went wonderful and I immediately felt that Brock Built and West Highlands at Habersham was where I wanted my dream to come true! Cottle, 849 F.2d at 575(II). at 820821(2). FN15. City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. at 585(2). It's genuine performance. Unlock this free profile Please switch to a supported browser or download one of our Mobile Apps. at 409-410(2), 491 S.E.2d 853; Rhine, 100 Ga.App. 300 Ga.App. driveway and walk way ld-201400006, Castle berry station townhomes building 1 lot 1 - new construction of 3 story w roof access a garage and outdoor deck in a 5 unit building. The Contract further allowed termination of the employment relationship with or without cause by either Blake or Brock Built, provided, however, that "[a]ny termination shall be communicated by written notice *428 of termination to the other party." KING COUNTY, Wash. A new class-action lawsuit in the works accuses home developer LGI Homes of shoddy construction and violating the Consumer . 619, 620(1) (627 S.E.2d 207) (2006). Original review: March 30, 2022. the net profit statement [the accounting firm] produced for Brock Built in 2005, reflecting profits of $944,220, is accurate. (Punctuation omitted.) At the conclusion of the evidence, the trial court concluded that Brock Built's net profits for 2005 were $944,220. If the two sides do not agree, a lawsuit is filed. Bourke v. Webb, 277 Ga.App. Visit Website. This browser is no longer supported. See Turner Broadcasting System v. CBS, 627 F. Supp. 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. The trial court did not find that Terranova Properties was not in fact a third-party, but instead concluded that Blake's role in his own corporation did not constitute employment with a third party as required by the contract in order to find that Blake forfeited half of his severance. Zillow, Inc. holds real estate brokerage licenses in multiple states. (ca3-17-085 86 ca3-16-507) ld-201700083 ca3-17-085 086 ca3-16-507, Castle berry station townhomes building 1 lot 4 - new construction of 3 story w roof access a garage and outdoor deck in a 5 unit building. City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. Brock Built first argues that the trial court erred in granting Blake's motion for summary judgment on his claim for severance compensation. . Blake is entitled to a bonus (as share of the 2005 net profits) of $19,809.20.19, Blake argues that the trial court erred by disregarding the sworn statement by Brock Built (made to both the federal taxing authority and to banks) that its net income per books' for 2005 was over $3.1 million. This argument is belied by the trial court's order, which clearly addresses the discrepancy between the company's financial statement and its tax return. Brock Built does not assert that Blake was terminated for cause; therefore, the Contract entitled him to severance compensation unless he voluntarily resigned. Kaplan anticipates construction to begin in September, with. A09A2373, decided Mar. 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.) 579, 584(2) (602 S.E.2d 297) (2004). It is a family owned and operated business with family members in management roles. The bench trial in this case commenced on December 1, 2010. at 890(3)..FN17. Brock USA, LLC and NexxField, Inc. settled their lawsuit that was pending in the U.S. District Court for the Northern District of Illinois in which Brock asserted that NexxField's Original NexxPAD product infringes six U.S. 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. Brock Built, on the other hand, maintained that Blake was not entitled to severance compensation because he voluntarily resigned from his employment and contended that he had been fully compensated based upon its calculated 2005 profits. In turn, the trial court denied Brock Built's motion for summary judgment on Blake's claims for incentive compensation and tortious breach of the duty of good faith and fair dealing. See also United States v. Norwest Corp., 116 F.3d 1227, 1229(I)(A) (8th Cir.1997) ("The [ ] adjustments between a corporation's book income and the taxable income it reports on *430 the return are reflected by the IRS's Schedule M."); Long Term Capital Holdings v. United States, 330 F. Supp. Learn more about FindLaws newsletters, including our terms of use and privacy policy. at 60-66(IV)(A)-(F). LEXIS 18246, *9-10(II) (N.D.Ga.1997). We have been extremely happy with our home. FN13. In Brock Built, LLC v. Blake, 1 we reviewed the trial court's order on the parties' cross-motions for summary judgment, explaining that this litigation began when. 4 units in building with attached garage porch & patio (ld-201300025) west highlands phase 2 section 2, West highlands townhomes-bldg 5-lot 679-construct new 2 story townhome consist of 4 units in building with attached garage porch & patio. Brock Built agreed to provide Blake "incentive compensation" by sharing with him a set percentage of Brock Built's "profit margin." 4 units in building with attached garage porch & patio (ld-201300025) west highlands phase 2 section 2, West hightland townhomes-bldg 5-lot 680-construct new 2 story townhome. The attorneys say they "anticipate that thousands of homes across Louisiana and the South" built by D.R. st louis missouri missing persons, Findlaw.Com, we actually closed on time, on the day we told. These consolidated appeals, we find no error in the top 15 % of Georgia! 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