330, 334(2) (705 S.E.2d 214) (2010). Headquarters. Archie Ramos is one of those people who signed with Woodland Homes in February. This browser is no longer supported. See Service-Master Co., 252 Ga.App. Blake concedes that he began doing business for Terranova Properties in February 2006, the same month his employment relationship with Brock Built was terminated. And, contrary to Brock Built's assertion, Blake's statement that he "was leaving" is not synonymous with a statement that he voluntarily resigned, nor does it create a question of fact on that issue in light of the other direct evidence to the contrary. Pre-construction Manager (Former Employee) - Atlanta, GA - March 28, 2018. 1. Thus, the financial statement produced by HLB Gross Collinsthe accounting firm employed by the Companyproperly reflects the profit margin upon which Blake's bonus would be based, as contemplated by the parties in their contract. See also Matter of Munford, Inc., 98 F.3d at 610-611(B); Flexible Products Co., 284 Ga.App. April 10, 2021 at 10:02 am PDT. 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. 300 Ga.App. Various floor plans including 2-4 bedroom townhomes, 2 car garages, basements. Atlanta-based Brock Built Homes is planning 140 townhomes, 35 single-family residences and 41,800 square feet of commercial space, according to documents filed with the City of Alpharetta. He further testified that the customary fee in this area in cases such as this one is usually 40 percent. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. A photo of homes comparable to those forthcoming in Marietta by the same builder. McReynolds v. Krebs, 307 Ga.App. 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. (Punctuation omitted.) 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.2, This Court affirmed the grant of summary judgment to Blake on his claim for severance compensation3 ; reversed the grant of summary judgment to Blake on his claim for breach of contract based on Brock Built's failure to pay him the full amount of incentive compensation to which he was entitled, concluding that the record evidence presents a question of fact on this issue4 ; affirmed the grant of summary judgment to Blake on Brock Built's counterclaim for breach of fiduciary duty5 ; and reversed the denial of summary judgment to Brock Built on Blake's claim for breach of good faith and fair dealing.6, The case was then remanded to the trial court for determination of the amount of severance and incentive compensation due to Blake and whether to award him attorney fees. While building hundreds of new homes, Brock Built always made us feel like our home was the most important one they were working on. 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. at 820821(2). Brock Built agreed to provide Blake "incentive compensation" by sharing with him a set percentage of Brock Built's "profit margin." Everyone, and I mean everyone, was so helpful, wonderful, understanding, consultative, nurturing, educational, etc all during the process. At a cleared, 25-acre site where Haynes Bridge Road meets Morrison Parkway, Brock Built Homes is planning a mixed-use hub called Morrison Park. Then click the filter button to the right to filter community results by the region you selected. Brock Built, 300 Ga.App. Accordingly, we find no error in the trial court's decision to award Blake attorney fees and costs.15. Do Not Sell or Share My Personal Information, 442-H New York Standard Operating Procedures. City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. The determination of profit margin made by the accounting firm employed by the Company shall be final and binding. If youre ready to find new construction homes, were ready to help. 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. FN11. 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. See id. at 890(3). At 60 percent AMI that would be $1,080; and at 80 . 178, 181(2)(b)(ii), 643 S.E.2d 560 (2007). at 758(5), 556 S.E.2d 517; Constr. 730, 732(1)(a), 521 S.E.2d 358 (1999). Ron Kaufman. 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. 22, 2012). 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 . When reviewing the parties' enumerations, we are mindful that, [o]n appellate review of a bench trial, the factual findings shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses. 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). 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! Subject to change without notice. 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 superior quality is above the rest. (Punctuation omitted.) Breach of Good Faith and Fair Dealing. Blake, on the other hand, asserts that not only is the 2005 net income figure reflected in Brock Built's financial report inconsistent with his understanding of the company's financial status at the time that he was terminated, but is also inconsistent with the $3 million plus net income reported on Brock Built's sworn 2005 tax returns. When I compared it to a high rise option, I was getting more space for my money. 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. 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.") 619, 620(1) (627 S.E.2d 207) (2006). Brokerage. We affirm the imposition of attorney fees and costs against Brock Built, but we reverse and remand the case to the trial court for determination of the proper amount of the award. Williamson v. Strickland & Smith, Inc., 296 Ga.App. Blake, the former president of . 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. In determining whether a corporate officer has fulfilled his or her statutory duty, Georgia courts apply the business judgment rule. I hear this is very rare. Brock Built Homes LLC is proposing to develop a 275-home community in booming Bartow County, northwest of Atlanta. (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. (Citation omitted.) Brock Built, 300 Ga.App. Customer Complaints Summary Business's Response Rate: 75% 4 total complaints in the last 3 years. Whether Blake forfeited half of his severance was not at issue during the previous appeal. Sign up for our free summaries and get the latest delivered directly to you. San Francisco, Brock Built next argues that the trial court erred in granting Blake summary judgment on its counterclaim for breach of fiduciary duty. See, e.g., Yargus v. Smith, 254 Ga.App. You're all set! November 6, 2009. 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. 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. Greenspace. So viewed, the evidence shows that Blake was hired by Brock Built as a construction manager in 2003. The total amount of the judgment to Blake was $256,589 (inclusive of interest) plus $240,104 in attorney fees, costs, and expenses.. FN18. And when Blake presented a sworn affidavit asserting that he had never improperly withheld payment of an invoice, Brock Built failed to point to any such properly submitted yet intentionally delayed expense and/or any other competent evidence of invoices not being paid at Blake's direction. The model was advertised for $450, 000. Honest service and great value are among our top priorities. See Matter of Munford, Inc., 98 F.3d at 610-611(B); Cottle, 849 F.2d at 574-579(II)(A)-(D); Medserv Corp., 1997 U.S. Dist. We find no basis for reversal. 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. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). 405, 409(2), 491 S.E.2d 853 (1997); Rhine v. Sanders, 100 Ga.App. Id. 712, 716(3), 531 S.E.2d 126 (2000); Constr. LEXIS 18246, *9-10(II) (N.D.Ga.1997). Brock Built acquired the remaining lots in 2013 & is finishing out the community in 2020. 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. 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. TSG Water Resources v. D'Alba & Donovan Certified Public Accountants, 260 Fed.Appx. Lender, 228 Ga.App. 2022. where current residents and new homeowners can feel at home. The lawsuit says mold developed on basement walls, within the heating and air-conditioning system and in subfloor and carpeting throughout the house. _ (Case No. 3. A proposed class action lawsuit filed by members of an Indian Land, South Carolina residential community claims that Pulte Home Company, LLC was negligent in handling the construction of thousands of homes that were built with defective foundations on poorly constructed soils and ill-designed grading. Indeed, the Contract specifically provided that. 2021 Brock Built LLC, Builder of New Construction Homes. This appeal followed the trial court's grant of summary judgment to Blake on its contract claims and Brock Built's counterclaims and denial of summary judgment to Brock Built on Blake's claims. [t]he plain language of the agreement says that Blake must become employed with a third party within six months. This site is protected by reCAPTCHA and the Google. Prices begin in the high $300,000s, according to Brock Built. (Emphasis in original.). Andrews and Boggs, JJ., concur. When Brock vaguely referenced that he had "cause" to terminate Blake, Blake inquired as to "what kind of things [he] did." We cannot say with certainty that Blake was entitled to summary judgment as a matter of law on this breach of contract claim. (Punctuation omitted.) See id. The trial court erred in denying Brock Built's motion for summary judgment on this claim. Tuscany is a new community north of Atlantic Avenue, just east of . at 585(2). (Emphasis in original.). 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. 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! Both the consolidated financial report and Brock Built's 2005 tax returns were prepared by the same outside certified public accountant. FN3. at 823825(4). See also Hofrichter/Stiakakis, 291 Ga.App. Bourke v. Webb, 277 Ga.App. Sep 18, 2015 11:49 am EDT. I modified an existing floor plan and picked out my own colors and fixtures. See Regenstein v. J. Regenstein Co., 213 Ga. 157, 162, 97 S.E.2d 693 (1957); Flexible Products Co. v. Ervast, 284 Ga.App. "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! Original review: March 30, 2022. In sum, the allegations in the complaint in conjunction with the record evidence are simply not sufficient to rebut the presumption that Blake made good faith business decisions in an informed and deliberate manner or to present a jury question as to whether he engaged in fraud, bad faith, or an abuse of discretion. The issues, problems, consequences or repercussions. I hate that its come to this but I think its in the best interest of the company and my personal interest." 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. 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. In the months that followed, Blake argued that he had been terminated without cause and was entitled to severance payments in accordance with the terms of the Contract. See Intl. Craftsman Chic. Medserv Corp. v. Nemnom, 1997 *431 U.S. Dist. 2019-01-18. At best, however, this evidence supports a finding that Blake was given the option to resign, which he clearly declined to do. Please try again. 300 Ga.App. (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. We disagree. [Blake] failed to produce persuasive evidence to the contrary. 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. 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. 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. It would include about 42,000 square feet of retail, offices, and restaurants, 37 single-family homes, and 144 townhomes, with internal greenspaces and ponds claiming the rest. See id. 356, 357, 677 S.E.2d 321 (2009). building 3 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1921 bay line lane nw. Although [Blake] may disagree with the credibility determinations made by the trial court, it cannot be said on the record before us that there is no evidence to support the trial court's conclusions.20. 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. See id. (Punctuation omitted.) 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. 2d 122, 211(II)(D)(4)(c) (D.Conn.2004) ("the M-1 schedule is designed to notify the IRS of differences in book income/loss and tax income/loss"). The HOAs then work with the builder to fix work allegedly completed improperly. 1, 5(3) (673 S.E.2d 858) (2009). Unlock this free profile 816 (686 S.E.2d 425) (2009). See, e.g., Yargus v. Smith, 254 Ga.App. Court of Appeals of Georgia. View Brock Built (www.brockbuilt.com) location in Georgia, United States , revenue, industry and description. It also lists other structural problems with. Brock Built filed a counterclaim alleging that it was Blake who breached both the contract and his fiduciary duties to Brock Built by engaging in certain conduct during his employment. See also Matter of Munford, Inc., 98 F.3d 604, 611(B) (11th Cir.1996); Medserv Corp. v. Nemnom, 1997 U.S. Dist. FN21. In addition, the party seeking fees must also introduce evidence of hours, rates, or some other indication of the value of the professional services actually rendered.16, At trial, Blake's attorney testified that he charged Blake a 40 percent contingency fee, and he submitted his bills. Williamson v. Strickland & Smith, Inc., 296 Ga.App. (Emphasis in original.). Bourke v. Webb, 277 Ga.App. Lender, 228 Ga.App. His homes. Additionally, Adair Homes wants Brooks to shut down his public Facebook . at 818819(1). It's genuine performance. 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. Brock Built has established their reputation in the Greater Atlanta Area through quality craftsmanship and exceptional customer service for over 30 years. The parties filed the instant cross-appeals, and we affirm the judgment, but vacate the attorney fees and costs award and remand for proper calculation, for the reasons that follow. Breach of Fiduciary Duty. You already receive all suggested Justia Opinion Summary Newsletters. 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. Cottle, 849 F.2d at 575(II). 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. We disagree. award-winning life + style | Since 1984, this growing company has been a premier builder of Atlanta new homes. FN14. 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, Blake, the former president of 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. . We agree and reverse. See Bonney Motor Express v. Yates, 171 Ga.App. City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. The lawsuit demands $550,000 in damages, claiming Adair Homes lost prospective sales because of the negative online reviews. Contact. 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.. at 819(1). In real estate, location is everythingand we take that to heart. 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