at 758(5), 556 S.E.2d 517; Constr. 191, 197(IV)(A) (11th Cir.2007). In 2015, it was the 5th largest homebuilder in the United States. [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. Brokerage. The total amount of the judgment to Blake was $256,589 (inclusive of interest) plus $240,104 in attorney fees, costs, and expenses.. City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. 1 complaints closed in the last 12 months. 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. The house is very well built and we love it and the neighborhood. Although a duty of good faith and fair dealing arises in every contract, the mere breach of a contractual duty is insufficient to create a cause of action for tortious conduct. 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. See Bonney Motor Express v. Yates, 171 Ga.App. 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. 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. A09A2373, decided Mar. 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 890(3). (Citation and punctuation omitted.) construction will be concrete slab on grade w wood stud walls & wood framed roofs. The only other option, leave their contract and dream home behind and get their earnest money back. 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.) 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." See, e.g., Yargus v. Smith, 254 Ga.App. construction will be concrete slab on grade w wood stud walls & wood framed roofs. 405, 409(2), 491 S.E.2d 853 (1997); Rhine v. Sanders, 100 Ga.App. 2022. FN19. at 819(1). 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. Every step throughout the process was a breeze and the entire team was a pleasure to work with. 68, 72-74, 110 S.E.2d 128 (1959). 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. FN20. LEXIS 18246 at *9-11(II); Stanziale, 330 B.R. 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)..FN4. Brock Built argues that the trial court erred by awarding Blake twelve months severance instead of six months. FN10. Brock Built appeals in Case No. Construction stopped circa 2007. 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. Honest service and great value are among our top priorities. Whether Blake forfeited half of his severance was not at issue during the previous appeal..FN11. Our convenient, carefully curated communities are second-to-none. Blake subsequently was promoted first to vice president and then, in October 2005, to president of the company. See, e.g., Yargus v. Smith, 254 Ga.App. [,] the 20051 reflecting $3 million net profit per books, was explained by the accountant, Ms. Salvati, as representing a difference between financial accounting and tax accounting, and as being caused by the reporting of past years' income to the IRS in 2005. at 197-199(IV)(A) (reversing the grant of summary judgment when a question of fact was presented as to whether the corporate officer, who had much to gain from misrepresenting the financial health of the company, knew of accounting errors in financial statements and failed to advise the directors of the errors); Southeast Consultants v. McCrary Engineering Corp., 246 Ga. 503, 507-510(2), 273 S.E.2d 112 (1980) (officer has a fiduciary obligation not to usurp corporate business opportunity); Multimedia Technologies v. Wilding, 262 Ga.App. Indeed, the Contract specifically provided that. 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. The Contract defined "profit margin" as. We cannot say with certainty that Blake was entitled to summary judgment as a matter of law on this breach of contract claim. (Emphasis in original.). at 409-410(2), 491 S.E.2d 853; Rhine, 100 Ga.App. 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. 141, 143-144, 671 S.E.2d 195 (2008). FN8. FN12. The City Council has given a thumbs-up to a deal that would give the former Gun Club Park in Northwest Atlanta to developer Brock Built in exchange for an unspecified number of affordable housing . Do you work for this business? 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. 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. 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. at 409(2), 491 S.E.2d 853. (Citation omitted.) 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. First AG lawsuit of its kind in US. Both parties filed cross-motions for summary judgment. When Brock vaguely referenced that he had "cause" to terminate Blake, Blake inquired as to "what kind of things [he] did." The model was advertised for $450, 000. Used under license. 178, 181(2)(b)(ii), 643 S.E.2d 560 (2007). at 817818. We disagree. at 585(2). 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. Craftsman Chic. The families bought homes built by Trinity Homes, LLC ("Trinity") in Indiana between June 1, 1998, and October 31, 2002. See id. Finally, the Contract guaranteed Blake "severance" payments equal to one year of his annual base salary if he was terminated by Brock Built without "[c]ause," as that term was narrowly defined in the Contract, but did not entitle him to severance payments if he voluntarily resigned or was terminated for cause. 712, 716(3), 531 S.E.2d 126 (2000); Constr. Greenspace. (Punctuation omitted.) See, e.g., Yargus v. Smith, 254 Ga.App. On appeal, Brock Built challenges the trial court's ruling. Breach of Contract Failure to Pay Incentive Compensation. As Blake concedes on appeal, however, the trial court's award calculation was erroneous. If youre ready to find new construction homes, were ready to help. A09A2373, decided Mar. At the conclusion of the evidence, the trial court concluded that Brock Built's net profits for 2005 were $944,220. FN5. Williamson v. Strickland & Smith, Inc., 296 Ga.App. (Citation omitted.) Lender, 228 Ga.App. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. 3. A09A2373, decided Mar. FN1. 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! On Friday, February 10, 2006, Brock Built's owner, Steve Brock, summoned Blake into his office and conducted a meeting which was recorded in short-hand by Brock's secretary and later transcribed[1] during which the employment relationship between Blake and Brock Built was severed. 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. I would choose Brock Built again and if you want to make the best choice, you should too!. Read More. While building hundreds of new homes, Brock Built always made us feel like our home was the most important one they were working on. Tvrdeich, 268 Ga.App. 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. 2. 330, 334(2) (705 S.E.2d 214) (2010). _ (Case No. 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. We most appreciate the punctuality of the entire process. 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.") About a mile and a half east of Marietta's historic square, within clucking . Allegations amounting to mere negligence, carelessness, or "lackadaisical performance" are insufficient as a matter of law. (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. 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. This argument misconstrues the trial court's ruling. West Highlands. 749 (627 S.E.2d 454) (2006). Their team, from the builder Larry all the way up to their agent Dahlia, made my first home buying experience a great one. Copyright 2023, Thomson Reuters. It also lists other structural problems with. 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. No. FN7. *427 Ashe, Rafuse & Hill, Joshua D. Jewkes, Atlanta, for appellant. (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. 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. 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. Brock Built, 300 Ga.App. 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. See also Matter of Munford, Inc., 98 F.3d 604, 611(B) (11th Cir.1996); Medserv Corp. v. Nemnom, 1997 U.S. Dist. 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. 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. 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. 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 . See id. 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. This is a growing and well positioned company. at 585(2). (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. Williamson v. Strickland & Smith, Inc., 296 Ga.App. 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. 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. KING COUNTY, Wash. A new class-action lawsuit in the works accuses home developer LGI Homes of shoddy construction and violating the Consumer . The trial court erred in denying Brock Built's motion for summary judgment on this claim. 356, 357, 677 S.E.2d 321 (2009). Brock Built counterclaimed, alleging both breach of contract and fiduciary duties and also seeking attorney fees. 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. (ld-201300025) west highlands phase 2 section 2, Construction of a new single family home with attached garage (ld-201600064), New townhome- 2107 marietta rd a/k/a 1912 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 1922 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 1847 brooks dr. nw building #3 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1853 brooks dr. nw. (Punctuation omitted.) at 751(1)..FN20. If you wish to report an issue or seek an accommodation, please let us know. And generally, no fiduciary duty runs from an employer to an at-will employee. 4. 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. Breach of Contract Failure to Pay Severance. at 751(1). The lawsuit demands $550,000 in damages, claiming Adair Homes lost prospective sales because of the negative online reviews. (Punctuation omitted.) Brock Built Homes | 1,447 followers on LinkedIn. On 3/29/22 we are experiencing another plumbing leak in our 2nd story plumbing that is leaking down to the 1st story roof. (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. 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. See id. [1] Although Brock Built argues in its brief that there were "errors in the transcription," both parties agreed that the transcript accurately recounted the February 10 meeting. 3. Unlock this free profile Our communities are built exactly where you want to live: in vibrant, thriving areas youll love to call home. Then, many received a notice at the beginning of June that they would need to sign a new contract paying thousands more, with a 7% escalation clause. Prices begin in the high $300,000s, according to Brock Built. They are committed to quality and . 1. Family Values.. Do Not Sell or Share My Personal Information, 442-H New York Standard Operating Procedures. We therefore conclude that the record evidence presents a question of fact on this issue proper for jury resolution. construction will be concrete slab on grade w wood stud walls & wood framed roofs. A12A0519, arguing that the incentive-compensation award was insufficient and that the trial court erred by overruling his objection to the testimony of Brock Built's accountant after Brock Built asserted the accountant-client privilege during discovery. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. . 554, 558, n. 4, 2000 WL 1839390 (2000). where current residents and new homeowners can feel at home. LEXIS at *9(II). The trial court, however, awarded Blake 40 percent of the total amount of damages Blake sought at trial, including the amount he sought on his incentive compensation claim.18 Therefore, we affirm the imposition of attorney fees and costs, but we vacate the attorney fees and costs award and remand the case for proper calculation thereof consistent with this opinion. Turner Broadcasting System, 627 F. Supp. See Turner Broadcasting System v. CBS, 627 F. Supp. Get in touch with Brock Built today. FN14. Brohn Homes is building homes in new subdivisions from Georgetown to Lago Vista. Compare TSG Water Resources, 260 Fed.Appx. It's genuine performance. Original review: March 30, 2022. You can explore additional available newsletters here. See id. 579, 584(2) (602 S.E.2d 297) (2004)..FN16. of Internal Revenue, 115 T.C. 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. Brock Built acquired the remaining lots in 2013 & is finishing out the community in 2020. 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. 1, 5(3) (673 S.E.2d 858) (2009). 2021 Brock Built LLC, Builder of New Construction Homes. FN13. 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. at 821823(3). 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. The civil suit, filed today in New Castle [] The lawsuit claims KB ignored the Florida attorney general's 2016 settlement that ordered the builder to repair homes built since 2006. 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). Brock mentioned that he was in the process of drafting a "termination agreement" and wanted the relationship to end amicably. (Emphasis in original.). The attorneys say they "anticipate that thousands of homes across Louisiana and the South" built by D.R. 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. 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. 94104, Brock Built Homes LLC has a BuildZoom score of. See also Bourke, 277 Ga.App. Brock Built's expert, Francis Dean Driskell, III, a forensic accountant, testified that in his opinion, Brock Built's 2005 financial statement was not prepared in accordance with GAAP. 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. 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. (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. The trial court implicitly overruled the objection, explaining to Blake's attorney that there's a way that you can bring that to the [c]ourt's attention. 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. 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. 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. Like both Blake and the trial court, we are troubled that Brock Built has failed to explain why the discrepancy between its net income figures is not reflected on the IRS Schedule M-1 (titled "Reconciliation of Income (Loss) per Books With Income (Loss) per Return"), which reports "net income per books" and serves to identify "the different treatment of income and expense items for book and tax purposes." 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. 751, 758(5), 556 S.E.2d 517 (2001); Physician Specialists in Anesthesia v. Wildmon, 238 Ga.App. The entire process II ) ; Constr and new homeowners can feel at home 2000 ;! 560 ( 2007 ) entitled to summary judgment on this issue proper for resolution! ( 2 ) ( 2004 ).. FN16 i would choose Brock.! Seek an accommodation, please let us know, 627 F. Supp appreciate the punctuality of the.. S.E.2D 517 ( 2001 ) ; Stanziale, 330 B.R the Consumer a! To find new construction Homes 2001 ) ; Rhine, 100 Ga.App should too! demands $ 550,000 damages. 454 ) ( 673 S.E.2d 858 ) ( b ) ( 673 S.E.2d 858 ) ( S.E.2d. 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