Contact Us Today! award-winning life + style | Since 1984, this growing company has been a premier builder of Atlanta new homes. (Emphasis in original.). The attorneys say they "anticipate that thousands of homes across Louisiana and the South" built by D.R. at 758(5), 556 S.E.2d 517; Constr. I am very happy with my choice of a Brock Built home in West Highlands. The future site of The Parc. Thank you again to the entire Brock Built family!, I could not have asked for a better experience working with Brock Built. Ron Kaufman. For example, contrary to its allegations that Blake inappropriately accelerated home closings, the uncontradicted evidence shows that Brock Built had contractually agreed to close the homes at issue in 2005, not in 2006. See also Hofrichter/Stiakakis, 291 Ga.App. You already receive all suggested Justia Opinion Summary Newsletters. 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. 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! 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. Breach of contractSeverance. The Contract defined "profit margin" as. A09A1537. It also lists other structural problems with. (ca3-17-085 86 ca3-16-507) ld-201700083, Castle berry station townhomes building 1 lot 3 - new construction of 3 story w roof access a garage and outdoor deck in a 5 unit building. K. kk5 of US. The fact that the amount awarded was less than what he sought does not mean that he was not substantially successful in this litigation. 749 (627 S.E.2d 454) (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. FN20. FN8. (punctuation and footnote omitted); Patterson v. Bates, 295 Ga.App. Accordingly, we find no error in the trial court's decision to award Blake attorney fees and costs.15. 686 S.E.2d 425 (2009) BROCK BUILT, LLC v. BLAKE. The neighborhood would be located on 122 acres at Interstate 75 and Spring. If the two sides do not agree, a lawsuit is filed. 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. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. at 819(1). FN21. 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. " Quality is more than a promise. of Internal Revenue, 115 T.C. 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. [,] 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. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation)..FN14. Blake then asked if that was going to be his last day and whether he needed to arrange for a ride home, to which Brock instructed him to compile a status report of his current projects and return on Monday. 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. FN6. FN10. Copyright 2023, Thomson Reuters. Compare Tidikis v. Network for Med. 1. 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! 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. 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. Constr. I hate that its come to this but I think its in the best interest of the company and my personal interest." In connection with Blake's promotion to president, he negotiated with Brock Built a contract of employment (the "Contract"). Brock Built has established their reputation in the Greater Atlanta Area through quality craftsmanship and exceptional customer service for over 30 years. at 72-74, 110 S.E.2d 128. We are unpersuaded by this argument. See Magill v. Edd Kirby Chevrolet, Inc., 277 Ga.App. There's a cheesy incarnation waiting for you no matter what you palete preferences are. 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. Brock Built does not assert that Blake was terminated for cause; therefore, the Contract entitled him to severance compensation unless he voluntarily resigned. construction will be concrete slab on grade w wood stud walls & wood framed roofs. 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. (Punctuation omitted.) "); Stanziale v. Nachtomi, 330 B.R. Whether Blake forfeited half of his severance was not at issue during the previous appeal. All information contained herein is deemed accurate and reliable. See Cochran v. Murrah, 235 Ga. 304, 307, 219 S.E.2d 421 (1975); ServiceMaster Co. v. Martin, 252 Ga.App. In addition, their post-closing service is phenomenal. 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." 141, 143-144, 671 S.E.2d 195 (2008). I would choose Brock Built again and if you want to make the best choice, you should too!. Dahlia was always prompt in answering and addressing all of our questions and made us feel very confident in our first home purchase. 579, 584(2) (602 S.E.2d 297) (2004). at 890(3). FN4. 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. 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. (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. "But two years later, nothing has happened. at 409-410(2), 491 S.E.2d 853; Rhine, 100 Ga.App. Every step throughout the process was a breeze and the entire team was a pleasure to work with. In these consolidated appeals, we consider for a second time an employment dispute between plaintiff Henry Blake and defendant Brock Built, LLC. 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. FN1. When Brock vaguely referenced that he had "cause" to terminate Blake, Blake inquired as to "what kind of things [he] did." After Salvati responded to questions regarding Brock Built's financial statement for 2005, defense counsel began to question her about the company's 2005 tax return. Who is Brock Built. Then click the filter button to the right to filter community results by the region you selected. [2] In October 2015, the company merged with Standard Pacific Homes to form CalAtlantic Homes . See also Bourke, 277 Ga.App. "[T]he business judgment rule is a policy of judicial restraint born of the recognition that [officers] are, in most cases, more qualified to make business decisions than are judges." 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. Their BuildZoom score of 99 ranks in the top 15% of 84,062 Georgia licensed contractors. TSG Water Resources v. D'Alba & Donovan Certified Public Accountants, 260 Fed.Appx. 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. 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 bench trial in this case commenced on December 1, 2010. building #2 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1919 bay line lane nw. projects. 1, 5(3) (673 S.E.2d 858) (2009). Brohn Homes is building homes in new subdivisions from Georgetown to Lago Vista. 619, 620(1) (627 S.E.2d 207) (2006). We disagree with Blake. 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. 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." Specialties: 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 relies on two general categories of conduct in support of its argument that Blake breached his fiduciary duty: (a) With the improper motive of increasing his incentive compensation, Blake attempted to maximize Brock Built's 2005 profit by both accelerating the construction of houses that were not scheduled to close until 2006 and by delaying the payment of invoices and bonuses until 2006; and (b) Blake neglected to properly oversee the affairs of Brock Built by failing to adequately manage the purchase order system, failing to budget engineering features in the sale prices of certain specific homes, and failing to use proper building materials for noise abatement in other specific homes. See Intl. We most appreciate the punctuality of the entire process. Our commitment to quality and customer service is found in every detail of our new homes in Atlanta. The trial court awarded Blake $207,279 in attorney fees and $32,825 in expenses. Flexible Floorplans. The civil suit, filed today in New Castle [] We find no basis for reversal. Customer Complaints Summary Business's Response Rate: 75% 4 total complaints in the last 3 years. See Medserv Corp., 1997 U.S. Dist. Blake argues that the trial court erred by improperly calculating the amount of incentive compensation he was contractually entitled to receive. 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. 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. FN17. 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. (Punctuation omitted.) Minutes to Historic Marietta Square. The lawsuit says mold developed on basement walls, within the heating and air-conditioning system and in subfloor and carpeting throughout the house. 2019-01-18. A12A0518, challenging the severance and attorney fees portions of the judgment, and Blake appeals in Case No. 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. All rights reserved. 807, 810(1), 619 S.E.2d 481 (2005) (at-will employment contract providing that "a fiduciary and confidential relationship has commenced and will continue to exist between [the employer and employee]" presented a jury question as to whether employee stated an independent claim for breach of fiduciary duty); Spears v. Mack & Bernstein, P.C., 227 Ga.App. (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. Read More. at 818819(1)..FN3. 1:16-cv-07135 (N.D. Ill.). Southern Charm. at 823825(4). at 823825(4)..FN6. Wynn v. Arias, 242 Ga.App. at 818819(1). These facts simply do not support a conclusion that Blake voluntarily resigned. See Magill v. Edd Kirby Chevrolet, Inc., 277 Ga.App. Our building permit records indicate that Brock Built Homes LLC has worked on at least The homes are available with three different floorplans: The Adeline, the Manchester and the Lancaster. 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. 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