building #1 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), Westhighland townhomes - building 5 lot 682- construct new 2 story townhome. 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. 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. No. 749 (627 S.E.2d 454) (2006). Blake was terminated from Brock Built in February 2006.12 It is undisputed that in February 2006, Blake incorporated Terranova Properties, Inc., a residential construction and remodeling company, listing himself as the incorporator, president, and sole member of the Board of Directors. 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. K. kk5 of US. An Atlanta-based builder with a portfolio of some 1,400 homes is setting sights on Bankhead's Donald Lee Hollowell Parkway, where almost no major investment has occurred in recent decades. See also Hofrichter/Stiakakis, 291 Ga.App. 2019-01-18. We disagree. + Caption. CA Regardless, when, reviewing the fact findings of a trial court in a non-jury trial, this Court will not disturb them if there is any evidence to sustain them and this Court does not make credibility determinations. If I ever have an issue or question, they are always available to help in a kind and timely manner.. Copyright 2023, Thomson Reuters. 3. 405, 409(2), 491 S.E.2d 853 (1997); Rhine v. Sanders, 100 Ga.App. All rights reserved. FN15. See also Matter of Munford, Inc., 98 F.3d 604, 611(B) (11th Cir.1996); Medserv Corp. v. Nemnom, 1997 U.S. Dist. Compare TSG Water Resources, 260 Fed.Appx. It is undisputed that Blake was an at-will employee of Brock Built. Select a region from the list. Brock Built acquired the remaining lots in 2013 & is finishing out the community in 2020. See also Bourke, 277 Ga.App. The model was advertised for $450, 000. 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. Deadlines were met on the day we were told and most importantly, we actually closed on time, on the exact day expected! Cf. FN21. 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. This site is protected by reCAPTCHA and the Google. Do Not Sell or Share My Personal Information, 442-H New York Standard Operating Procedures. at 817818. See Regenstein v. J. Regenstein Co., 213 Ga. 157, 162, 97 S.E.2d 693 (1957); Flexible Products Co. v. Ervast, 284 Ga.App. 1995 Westside Blvd Nw, Atlanta, GA, 30318, 285 Castleberry Hill Walk SW, Atlanta, GA, 30313, 1979 Westside Blvd Nw, Atlanta, GA, 30318, 1991 Westside Blvd Nw, Atlanta, GA, 30318, 1317 Azalee Hester Wharton Way Nw, Atlanta, GA, 30318, 1321 Azalee Hester Wharton Way Nw, Atlanta, GA, 30318, 1323 Azalee Hester Wharton Way Nw, Atlanta, GA, 30318, Permits filed by publicly traded companies, Create a general contractor work agreement. 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. Breach of Contract Failure to Pay Severance. Not only was it my first home, it was my first new home, and Brock Builts building and design process helped keep my mind at ease that all the bases were being covered. Although we agree with Blake that, under certain circumstances, factual allegations of misconduct such as those involved in this matter can give rise to a cause of action in tort, this is not one of those cases. at 751(1). See Magill v. Edd Kirby Chevrolet, Inc., 277 Ga.App. Stay up-to-date with how the law affects your life. The HOAs then work with the builder to fix work allegedly completed improperly. While building hundreds of new homes, Brock Built always made us feel like our home was the most important one they were working on. Dahlia was always prompt in answering and addressing all of our questions and made us feel very confident in our first home purchase. Breach of Good Faith and Fair Dealing. 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. Get in touch with Brock Built today. etc., Research, 274 Ga.App. FN8. 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.") 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). It is undisputed that no such notice was ever given. 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. The lawsuit demands $550,000 in damages, claiming Adair Homes lost prospective sales because of the negative online reviews. In fact, in the contract, which both sides testified was negotiated and revised by both, the parties agreed that the accountant's calculation would be final and binding. Blake's bonus, therefore, is calculated using the figure $944,220. 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. 730, 732(1)(a), 521 S.E.2d 358 (1999). The Contract defined "profit margin" as. McReynolds v. Krebs, 307 Ga.App. CAREERS | PRIVACY POLICY | TERMS OF SERVICE | WARRANTY. Co. v. Johns, 874 F.2d 1447, 1461(III)(B)(2) (11th Cir.1989); Cottle v. Storer Communication, 849 F.2d 570, 574(II) (11th Cir.1988); In the Matter of Tom's Foods, Inc., 2005 WL 3022022, *2, 2005 Bankr.LEXIS 2062, *6 (M.D.Ga.2005). The house is very well built and we love it and the neighborhood. Zillow, Inc. holds real estate brokerage licenses in multiple states. 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. Courtesy of Brock Built Homes. (Citation omitted; emphasis in original.) 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. *427 Ashe, Rafuse & Hill, Joshua D. Jewkes, Atlanta, for . 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. A09A1537. A09A2373, decided Mar. The accountant submitted a sworn declaration in which she claimed to be unaware "of any material modifications that should be made to Brock Built's financial statements in order for them to be in conformity with U.S. generally accepted accounting principles" and further stated that the differing net income figures contained within the two documents are not inconsistent and can indeed be rectified by taking into account the differences between financial and tax accounting. 1, 5(3) (673 S.E.2d 858) (2009). He further contended he was owed additional incentive compensation because the consolidated financial statement upon which Brock Built based its 2005 profit margin for the purposes of calculating his share of profit was inaccurate, based upon his knowledge of the company's financial status. It's genuine performance. According to the complaint, Pulte failed to . 3. Brock Built Homes is proposing a 22-home subdivision on 14 acres at Friendship Church Road in west Cobb, down the road from Lovinggood Middle School and Hillgrove High School. Family Values.. 1110 Northchase Pkwy SE Ste 150, Marietta, Georgia . 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). See, e.g., Yargus v. Smith, 254 Ga.App. 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! 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). The lawsuit came in response to consumer complaints that the software did not work and that the company charged for technical support it had advertised as being free. Compare Tidikis v. Network for Med. 1. A12A0518, challenging the severance and attorney fees portions of the judgment, and Blake appeals in Case No. Both parties filed cross-motions for summary judgment. The future site of The Parc. The attorneys say they "anticipate that thousands of homes across Louisiana and the South" built by D.R. 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. Patents on Brock's PowerBase and PowerBase YSR products (Case No. Construction of a new 3 story single family residence with 2 car garage mud room 1 bedroom and 1 bathroom on 1st level; stoop foyer family room kitchen powder room dining room covered porch and patio 2nd level; 3 bedrooms 2 bathrooms laundry room and attic on 3rd level. Contact Information 1110 Northchase Pkwy SE Ste. (Punctuation omitted.) A recent class action settlement brought successful closure to a problem with drastic effects on the lives of thousands of Indiana families represented by Plews Shadley Racher & Braun. As Blake concedes on appeal, however, the trial court's award calculation was erroneous. Quality craftsman style homes you expect from decades of experience building in Atlantas best neighborhoods. 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"). FN1. Breach of Contract Failure to Pay Incentive Compensation. FN9. [Blake] failed to produce persuasive evidence to the contrary. Bourke v. Webb, 277 Ga.App. These facts simply do not support a conclusion that Blake voluntarily resigned. construction will be concrete slab on grade w wood stud walls & wood framed roofs. Lender, 228 Ga.App. 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. 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. FN11. Minutes to Historic Marietta Square. 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. 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. See, e.g., Yargus v. Smith, 254 Ga.App. Obviously. 300 Ga.App. November 6, 2009. 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. Do you work for this business? The . Brock Built argues that the trial court erred by awarding Blake twelve months severance instead of six months. 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. 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. Innovative. And generally, no fiduciary duty runs from an employer to an at-will employee. building 3 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), Construction of a new single family residence garage covered porch upper and lower, Aka boyd avenue - building 1 unit 40 - construction of new townhome ld-201700009, Aka boyd avenue - building 1 unit 38 - construction of new townhome ld-201700009, Aka boyd avenue - building 1 unit 37 - construction of new townhome ld-201700009, Lot 1 - construction of a new single family residence with an unfinished basement, BuildZoom hasn't received any reviews for, Please write a review about Brock Built Homes LLC. (Citation and punctuation omitted.) Constr. Brock Built next argues that the trial court erred in granting Blake summary judgment on its counterclaim for breach of fiduciary duty. 816 (686 S.E.2d 425) (2009). Building permit records show that Brock Built Homes LLC has worked on 1135 permitted projects. Brock Built Homes, LLC, 1110 Northchase Pkwy, Marietta, GA holds a Residential/General Contractor license and 2 other licenses according to the Georgia license board. Used under license. 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. 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. I knew I wanted to live in the Midtown area based on convenient interstate access and the up and coming Westside community. This browser is no longer supported. Since 1977, Eastwood Homes has been the premier home builder for move in ready spec homes with unique floor plans in North Carolina, South Carolina, Richmond & Atlanta. Both parties filed cross-motions for summary judgment. It also lists other structural problems with. We therefore conclude that the record evidence presents a question of fact on this issue proper for jury resolution. 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 823825(4)..FN6. The trial court did not err by granting Blake summary judgment on this claim. new construction According to Brock Built, the trial court disregarded critical evidence and applied the incorrect legal standard in concluding that Brock Built's allegations were insufficient as a matter of law. West Highlands. See also Matter of Munford, Inc., 98 F.3d at 610-611(B); Flexible Products Co., 284 Ga.App. See id. When Brock vaguely referenced that he had "cause" to terminate Blake, Blake inquired as to "what kind of things [he] did." Read More. FN19. Brock Built Homes | 1,447 followers on LinkedIn. A09A2373, decided Mar. (Citation omitted.) At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Construction stopped circa 2007. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. at 585(2). at 818819(1). See id. 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. (Emphasis in original.). 816 (686 S.E.2d 425) (2009). 712, 716(3), 531 S.E.2d 126 (2000); Constr. FN20. You're all set! If the two sides do not agree, a lawsuit is filed. Tvrdeich, 268 Ga.App. FN19. at 585(2). See FPL Group v. Commr. 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. At 60 percent AMI that would be $1,080; and at 80 . I modified an existing floor plan and picked out my own colors and fixtures. 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. 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 Turner Broadcasting System v. CBS, 627 F. Supp. Just down the street, where Bankhead meets English Avenue, Brock Built has recently sold out its 30-unit Oliver Street Townhomes community, where prices ranged from the high $300,000s to around $450,000. Pre-construction Manager (Former Employee) - Atlanta, GA - March 28, 2018. Brock Built Homes is the construction partner on the project, and Niles Bolton is the architect designing Generation Avondale East. 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. 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. V. 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