Deadlines were met on the day we were told and most importantly, we actually closed on time, on the exact day expected! The trial court granted Blake summary judgment on his claims for incentive and severance compensation and on Brock Built's counterclaim for breach of fiduciary duty. You're all set! [Blake] failed to produce persuasive evidence to the contrary. (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. 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. (Citation omitted.) From skilled contractors to building materials, only the best will do. See id. The trial court concluded in the final order that Brock Built's accountant testified that. Judgment affirmed in part, and vacated and remanded in part. Honest service and great value are among our top priorities. at 409-410(2), 491 S.E.2d 853; Rhine, 100 Ga.App. This graph shows the distribution of these job values. (Emphasis in original.). On August 11, 2005, the Attorney General obtained an Agreed Temporary Injunction that bars SOL from engaging in these illegal acts. When a party seeks fees based on a contingent fee agreement, the party must show that the contingency fee percentage was a usual or customary fee for such case and that the contingency fee was a valid indicator of the value of the professional services rendered. The Ryland Group, Inc. was a company engaged in home construction based in Westlake Village, California. (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. 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. It's over." at 181(2)(b)(ii), 643 S.E.2d 560. 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. 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. 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. Obviously. (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. 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. In bench trials, the judge sits as trier of fact[,] and the court's findings are analogous to a jury's verdict and should not be disturbed if there is any evidence to support them.9. All Rights Reserved. Customer Complaints Summary Business's Response Rate: 75% 4 total complaints in the last 3 years. *427 Ashe, Rafuse & Hill, Joshua D. Jewkes, Atlanta, for appellant. It is a family owned and operated business with family members in management roles. Brock Built contends that the trial court erred in granting Blake summary judgment on his claim for breach of contract based upon Brock Built's failure to pay Blake the full amount of incentive compensation to which he was entitled. New construction homes designed with you in mind. Working with Brock Built was great. "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! Used under license. This is a growing and well positioned company. 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. 749 (627 S.E.2d 454) (2006). to update company info and see who's viewing your profile. See also Hofrichter/Stiakakis, 291 Ga.App. We disagree. All rights reserved. Patents on Brock's PowerBase and PowerBase YSR products (Case No. McReynolds v. Krebs, 307 Ga.App. + Caption. Williamson v. Strickland & Smith, Inc., 296 Ga.App. Please try again. 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. 554, 558, n. 4, 2000 WL 1839390 (2000). (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. 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. 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. Lender, 228 Ga.App. (Emphasis in original.). 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. 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. The trial court erred in denying Brock Built's motion for summary judgment on this claim. While building hundreds of new homes, Brock Built always made us feel like our home was the most important one they were working on. 22, 2012)..FN15. Select details like cabinetry and lighting through our design center. The civil suit, filed today in New Castle [] Nonetheless, Blake and Brock reconvened the following Monday, February 13, and, in a meeting transcribed in a manner consistent with the first, Brock presented Blake with a proposed severance agreement offering him a fraction of the severance payments to which he was otherwise contractually entitled to receive in the event of termination without cause. It also lists other structural problems with. City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. 1110 Northchase Pkwy SE Ste 150, Marietta, Georgia . Brock Built, LLC, sued Brock Built alleging that Brock Built breached his employment contract by terminating him and failing to pay the severance . See, e.g., Yargus v. Smith, 254 Ga.App. The model was advertised for $450, 000. (Punctuation omitted.) at 751(1)..FN20. Minutes to Historic Marietta Square. LEXIS 18246 at *9-11(II); Stanziale, 330 B.R. 619, 620(1) (627 S.E.2d 207) (2006). 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. 230, 233(3), 430 S.E.2d 385 (1993). Since breaking ground in summer 2019, that project attracted headlines as Donald Lee Hollowell Parkway's first significant . 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). Turner Broadcasting System, 627 F. Supp. And generally, no fiduciary duty runs from an employer to an at-will employee. "); Stanziale v. Nachtomi, 330 B.R. Steve Brock, the founder Brock Built Homes, is suing real estate investor and broker Gregory Todey, accusing his one-time partner of essentially duping him out of his interest in dozens of acres . [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. The typical size of their permits is approximately $186,713. 191, 197(IV)(A) (11th Cir.2007). 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. westbrook ii-b lot 91, Construction of new single family residence with accessory dwelling to include living space of 630 sqft 90 day extension - per gpace - on 10/25/2018 **revisions finish previously unheated attic, 287 castleberry hill walk_unit 16-construction of new 3 story town-home building attached garage non-occupiable roof terrace used for a roof garden and for mechanical equipment ***** ld-20170008 ld 201700083 - castleberry station ca3-16-507 new town-home communities 52 units ca3-17-087 consolidation ca3-17-085 variances, Construct new 3 story single family residence with attached garage & paved driveway ld-201600064, New townhome- 2107 marietta rd a/k/a 1858 brooks dr nw building #5 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1854 brooks dr nw building #5 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1850 brooks dr nw building #5 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1846 brooks dr nw building #5 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1842 brooks dr. nw building #5 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1913 bay line lane nw building #2 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1911 bay line lane nw building #2 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1909 bay line lane nw. See also Millsap v. American Family Corp., 208 Ga.App. adams crossing i-1 model, 2873 barnett ct building 5 lot 15 construction of a new 2 story town home building w attached garage rear concrete patio front porch *** ld 201900010 1464 northwest dr aka 2873 barnett ct building 5 lot 13, 2873 barnett ct building 5 lot 13 construction of a new 2 story town home building w attached garage rear concrete patio front porch *** ld 201900010 1464 northwest dr aka 2873 barnett ct building 5 lot 13, 2873 barnett ct building 5 lot 14 construction of a new 2 story town home building w attached garage rear concrete patio front porch *** ld 201900010 1464 northwest dr aka 2873 barnett ct building 5 lot 13, West highland townhomes -bldg 5-lot 681-construct new 2 story townhome. Breach of Fiduciary Duty. Brock Built appeals in Case No. Brock Built argues that the trial court erred by awarding Blake twelve months severance instead of six months. It's genuine performance. 1, 5(3) (673 S.E.2d 858) (2009). Hopeful homebuyers signed contracts expecting to have a home built within the next year. 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. April 10, 2021 at 10:02 am PDT. In re The Bal Harbour Club, 316 F.3d 1192, 1194-1195(II) (11th Cir.2003). I hate that its come to this but I think its in the best interest of the company and my personal interest." Brock Built, 300 Ga.App. The families bought homes built by Trinity Homes, LLC ("Trinity") in Indiana between June 1, 1998, and October 31, 2002. 356, 357, 677 S.E.2d 321 (2009). CA _ (Case No. See also Bourke, 277 Ga.App. 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. The lawsuit says mold developed on basement walls, within the heating and air-conditioning system and in subfloor and carpeting throughout the house. 901, 909-910 (N.D.Ga.1985) (that corporate officers or directors may stand to gain personally from their actions does not obviate the application of the business judgment rule). FN12. at 819(1)..FN10. We find no basis for reversal. FN8. (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. 1110 Northchase Pkwy SE Ste 150. at 817818. Contact Us Today! (Punctuation omitted.) 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. 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.. City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. Whether Blake forfeited half of his severance was not at issue during the previous appeal. 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. at 409-410(2), 491 S.E.2d 853; Rhine, 100 Ga.App. Brock Built does not assert that Blake was terminated for cause; therefore, the Contract entitled him to severance compensation unless he voluntarily resigned. See also Matter of Munford, Inc., 98 F.3d at 610-611(B); Flexible Products Co., 284 Ga.App. Brock Built Homes is the construction partner on the project, and Niles Bolton is the architect designing Generation Avondale East. The trial was continued to May 31, 2011, when Salvati testified. Brock . Sign up for our free summaries and get the latest delivered directly to you. The email address cannot be subscribed. See, e.g., Yargus v. Smith, 254 Ga.App. FN5. 300 Ga.App. 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. K. kk5 of US. 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. 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. FN22. Both parties filed cross-motions for summary judgment. 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. If you are thinking of hiring Brock Built Homes LLC, we recommend double-checking their license status with the license board and using our bidding system to get competitive quotes. The future site of The Parc. Blake argues that the trial court erred by improperly calculating the amount of incentive compensation he was contractually entitled to receive. at 585(2). Bourke v. Webb, 277 Ga.App. at 409(2), 491 S.E.2d 853. at 585(2). Munger & Stone, Thomas J. Munger, Benjamin A. "In two weeks the price of this house will increase by $25,000. KING COUNTY, Wash. A new class-action lawsuit in the works accuses home developer LGI Homes of shoddy construction and violating the Consumer . We most appreciate the punctuality of the entire process. 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 . Our commitment to superior quality is above the rest. 3. at 823825(4)..FN6. 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. See also Millsap v. American family Corp., 208 Ga.App, 296 Ga.App issue during the previous appeal exact! 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