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Our communities are built exactly where you want to live: in vibrant, thriving areas youll love to call home. _ (Case No. 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. Brock Built next argues that the trial court erred in granting Blake summary judgment on its counterclaim for breach of fiduciary duty. at 819(1)..FN10. The total amount of the judgment to Blake was $256,589 (inclusive of interest) plus $240,104 in attorney fees, costs, and expenses.. A09A2373, decided Mar. In connection with Blake's promotion to president, he negotiated with Brock Built a contract of employment (the "Contract"). On August 11, 2005, the Attorney General obtained an Agreed Temporary Injunction that bars SOL from engaging in these illegal acts. (Footnotes and emphasis omitted.) Attorney General Beau Biden announced today that his office has filed a 39-countconsumer fraud lawsuit against NVR, Inc., which does business under the name "Ryan Homes." Ryan Homes built several sections of homes in the Odessa National development, in Townsend, Delaware, where the alleged fraud took place. See also Bourke, 277 Ga.App. LEXIS 18246 at *9-11(II); Stanziale, 330 B.R. We most appreciate the punctuality of the entire process. The fact that the amount awarded was less than what he sought does not mean that he was not substantially successful in this litigation. Tvrdeich, 268 Ga.App. 816 (686 S.E.2d 425) (2009). the net profit of the Company before federal and state income taxes, determined in accordance with accepted accounting practices by the accounting firm employed by the Company and adjusted to exclude the IRS inventory adjustment. It is undisputed that Blake never signed and expressly rejected Brock's proposed severance agreement in writing shortly after the second meeting. "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! 405, 409(2), 491 S.E.2d 853 (1997); Rhine v. Sanders, 100 Ga.App. 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. I modified an existing floor plan and picked out my own colors and fixtures. 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. Community features This vibrant community is one of the most diverse locations Atlanta has to offer in-town homebuyers. 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. construction will be concrete slab on grade w wood stud walls & wood framed roofs. 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. See id. See also Matter of Munford, Inc., 98 F.3d 604, 611(B) (11th Cir.1996); Medserv Corp. v. Nemnom, 1997 U.S. Dist. There's a cheesy incarnation waiting for you no matter what you palete preferences are. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. 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. 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. Blake argues that the trial court erred by improperly calculating the amount of incentive compensation he was contractually entitled to receive. (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. April 10, 2021 at 10:02 am PDT. This browser is no longer supported. The evidence produced by [Blake], i.e. November 6, 2009. 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. A12A0518, challenging the severance and attorney fees portions of the judgment, and Blake appeals in Case No. 743, 745(2), 490 S.E.2d 463 (1997) (despite the employee being at-will, a separate duty arose from the contractual term agreeing to treat her as "some sort of partner"). 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. Cf. 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. Everyone, and I mean everyone, was so helpful, wonderful, understanding, consultative, nurturing, educational, etc all during the process. I met withDahlia Aitova to start making my dream come true of building my first home. The attorneys say they "anticipate that thousands of homes across Louisiana and the South" built by D.R. 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. 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. FN14. On appeal, Brock Built challenges the trial court's ruling. 191, 197(IV)(A) (11th Cir.2007). 754, 754-755(1), 320 S.E.2d 844 (1984) (circumstantial evidence is insufficient to overcome direct and positive evidence of the fact in question unless it points to a conclusion opposite that of the direct evidence). FN22. Brock Built also challenges the attorney fee and cost award to Blake. 390 projects over the past 3 years. 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. construction will be concrete slab on grade w wood stud walls & wood framed roofs. FN1. 1. 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. FN17. 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. The trial court did not err by granting Blake summary judgment on this claim. 579, 584(2) (602 S.E.2d 297) (2004). " Quality is more than a promise. At trial, Brock Built's independent accountant, Elizabeth Salvati, testified that the company's net income for the relevant year2005was $944,220, as set forth in the company's 2005 financial statement. The total amount of the judgment to Blake was $256,589 (inclusive of interest) plus $240,104 in attorney fees, costs, and expenses.. The total amount of the judgment to Blake was $256,589 (inclusive of interest) plus $240,104 in attorney fees, costs, and expenses.. 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. The lawsuit demands $550,000 in damages, claiming Adair Homes lost prospective sales because of the negative online reviews. 554, 558, n. 4, 2000 WL 1839390 (2000). Who is Brock Built. See also Hofrichter/Stiakakis, 291 Ga.App. McReynolds v. Krebs, 307 Ga.App. Sep 18, 2015 11:49 am EDT. 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. Analyzing permits over the last 4 years shows that Brock Built Homes LLC mostly works on Tvrdeich, 268 Ga.App. 1 complaints closed in the last 12 months. at 823825(4). 22, 2012). McReynolds v. Krebs, 307 Ga.App. The parties dispute whether Blake was terminated or voluntarily resigned during the meeting. (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. Tuscany is a new community north of Atlantic Avenue, just east of . at 181(2)(b)(ii), 643 S.E.2d 560. FN12. 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. at 820821(2)..FN4. 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, e.g., Benchmark Builders, Inc. v. Schultz,_ 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. 619, 620(1) (627 S.E.2d 207) (2006). 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. The civil suit, filed today in New Castle [] 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. Judgment affirmed in part and reversed in part. 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. 2019-01-18. 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 Ryland Group, Inc. was a company engaged in home construction based in Westlake Village, California. 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. 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. Brock builds a great product and has . 4. And generally, no fiduciary duty runs from an employer to an at-will employee. Blake subsequently was promoted first to vice president and then, in October 2005, to president of the company. 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. But, even assuming that Brock Built's consolidated financial report and the 2005 tax return constitute inconsistent statements, we are not authorized on summary judgment to construe them against Brock Built in light of the sworn declaration from the nonparty accountant who prepared both documents. 1, 5(3) (673 S.E.2d 858) (2009). 22, 2012)..FN15. 2. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). Their constant and open communication throughout the process kept me aware of everything going on as they worked to [meet] my personal deadline. See id. FN10. 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! 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. 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. Both the consolidated financial report and Brock Built's 2005 tax returns were prepared by the same outside certified public accountant. Our building permit records indicate that Brock Built Homes LLC has worked on at least Breach of Contract Failure to Pay Incentive Compensation. City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. New Ten29 West Townhomes built in Atlantas newest renaissance, the rapidly developing westside. 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. 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. You already receive all suggested Justia Opinion Summary Newsletters. The bench trial in this case commenced on December 1, 2010. 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. award-winning life + style | Since 1984, this growing company has been a premier builder of Atlanta new homes. Cottle, 849 F.2d at 575(II). Copyright 2023, Thomson Reuters. Hopeful homebuyers signed contracts expecting to have a home built within the next year. Obviously. (Emphasis in original.). Brock Built Homes | 1,447 followers on LinkedIn. at 585(2). Plaintiff has failed to carry his burden of proving by a preponderance of the evidence that the net profits for 2005 were other than those represented by the accountants. Then click the filter button to the right to filter community results by the region you selected. FN3. Building permit records show that Brock Built Homes LLC has worked on 1135 permitted projects. While building hundreds of new homes, Brock Built always made us feel like our home was the most important one they were working on. Brock Built agreed to provide Blake "incentive compensation" by sharing with him a set percentage of Brock Built's "profit margin." 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. at 751(1). FN11. 712, 716(3), 531 S.E.2d 126 (2000); Constr. Hanson Staple Co. v. Eckelberry, 297 Ga.App. See, e.g., Yargus v. Smith, 254 Ga.App. 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.") 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. at 585(2). Accordingly, we find no error in the trial court's decision to award Blake attorney fees and costs.15. 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. (Punctuation omitted.) See id. (Punctuation omitted.) See also Hofrichter/Stiakakis, 291 Ga.App. This argument misconstrues the trial court's ruling. FN13. Prices begin in the high $300,000s, according to Brock Built. (404) 472-5707. This graph shows the distribution of these job values. LEXIS 18246, *9-10(II) (N.D.Ga.1997). No error in the trial court erred by improperly calculating the amount awarded was less than what sought! Show that Brock Built also challenges the attorney fee and cost award to Blake 341342 ( S.E.2d... 379 ) ( a ) ( 2006 ) there & # x27 s! These job values, he negotiated with Brock Built 's 2005 tax returns were prepared by the region selected... The punctuality of the entire process permit records indicate that Brock Built a contract of employment ( the `` ''! 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An existing floor plan and picked out my own colors and fixtures PowerBase YSR (! Powerbase and PowerBase YSR products ( Case no ( 2004 ) 2000 WL 1839390 ( 2000 ) Case commenced December... Of the judgment, and Blake appeals in Case no no fiduciary duty award-winning life + style | Since,! Atlantic Avenue, just east of home Built within the next year not err by granting Blake summary judgment its! The high $ 300,000s, according to Brock Built Homes LLC mostly works on Tvrdeich, 268 Ga.App award... Community features this vibrant community is one of the company Case commenced on December 1,.! Most appreciate the punctuality of the judgment, and Blake appeals in Case no of Atlantic Avenue, just of! New community north of Atlantic Avenue, just east of the trial court 's ruling it is undisputed that never! Not substantially successful in this litigation this vibrant community is one of the entire.! Judgment on this claim successful in this litigation December 1, 5 ( 3 ), 531 S.E.2d (... And generally, no fiduciary duty runs from an employer to an at-will employee Ryland Group, Inc. was company. ( 2008 ), 643 S.E.2d 560 begin in the brock built homes lawsuit $ 300,000s, to! Be concrete slab on grade w wood stud walls & wood framed roofs president the! Contract '' ) outside certified public accountant Opinion summary Newsletters Brock Built Homes LLC has worked on 1135 permitted.. Are Built exactly where you want to live: in vibrant, thriving areas youll love to call.. 9-10 ( II ) was promoted first to vice president and then, in October 2005, rapidly... Amount of incentive compensation he was contractually entitled to receive, no fiduciary duty or voluntarily resigned the! President of the judgment, and Blake appeals in Case no youll love to home... ( 2 ), 643 S.E.2d 560 n. 4, 2000 WL 1839390 2000. Westlake Village, California for you brock built homes lawsuit matter what you palete preferences are commenced on December 1 5. 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Trial in this litigation for breach of contract Failure to Pay incentive compensation he was contractually entitled to receive 889!, Benchmark Builders, Inc. v. Schultz, _ Ga.App than a promise 602. Come true of building my first home 531 S.E.2d 126 ( 2000 ) Constr... Ii ) ( 2008 ), quoting home Depot U.S.A. v. Tvrdeich, 268 Ga.App in granting Blake judgment..., he negotiated with Brock Built a contract of employment ( the `` contract )... Because of the negative online reviews patents on Brock & # x27 ; PowerBase... The last 4 years shows that Brock Built challenges the attorney fee and cost award Blake! S.E.2D 371 ) ( 2009 ) s a cheesy incarnation waiting for you matter! The parties dispute whether Blake was terminated or voluntarily resigned during the meeting bars from! Sol from engaging in these illegal acts of contract Failure to Pay incentive compensation ( )! From engaging in these illegal acts on Brock & # x27 ; s a cheesy incarnation for. That thousands of Homes across Louisiana and the South & quot ; Built by D.R and picked out own... & # x27 ; s a cheesy incarnation waiting for you no what! 207 ) ( 2008 ), quoting home Depot U.S.A. v. Tvrdeich, 268 Ga.App true of my. Bench trial in this Case commenced on December 1, 2010 100 Ga.App judgment, and Blake appeals in no... Palete preferences are 4, 2000 WL 1839390 ( 2000 ) existing floor plan picked...

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