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. 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. 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. 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. Unlock this free profile The trademarks MLS, Multiple Listing Service and the associated logos are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA. at 751(1). The parties dispute whether Blake was terminated or voluntarily resigned during the meeting. Brock Built, 300 Ga.App. Second, the transcript memorializing the February 10 meeting between Brock and Blake demonstrates no such resignation. I met withDahlia Aitova to start making my dream come true of building my first home. The contract specified that Brock Built was required to pay Blake twelve months salary upon termination, unless Blake becomes employed with a third party within six months of his termination from the Company, in which case Brock Built was required to pay Blake six months salary. 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. 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. Southern Charm. See Turner Broadcasting System v. CBS, 627 F. Supp. These facts simply do not support a conclusion that Blake voluntarily resigned. Since 1984, Brock Built has been a premier builder of Atlanta new homes. Additionally, Adair Homes wants Brooks to shut down his public Facebook . See Medserv Corp., 1997 U.S. Dist. (Punctuation omitted.) at 751(1). You're all set! 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. at 751(1)..FN20. 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. The attorneys say they "anticipate that thousands of homes across Louisiana and the South" built by D.R. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. We agree and reverse. Quality craftsman style homes you expect from decades of experience building in Atlantas best neighborhoods. 300 Ga.App. at 60-66(IV)(A)-(F). We disagree. Obviously. 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. If you wish to report an issue or seek an accommodation, please let us know. 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. at 819(1)..FN10. FN8. construction will be concrete slab on grade w wood stud walls & wood framed roofs. 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. (Emphasis in original.). At the conclusion of the evidence, the trial court concluded that Brock Built's net profits for 2005 were $944,220. 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. Marietta, GA 30067-6410. (Ron Baselice/Tribune News Service file) TNS NEW! LEXIS at *9(II). 330, 334(2) (705 S.E.2d 214) (2010). In real estate, location is everythingand we take that to heart. 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"). See Magill v. Edd Kirby Chevrolet, Inc., 277 Ga.App. On 3/29/22 we are experiencing another plumbing leak in our 2nd story plumbing that is leaking down to the 1st story roof. (404) 472-5707. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. _ (Case No. I toured the model homes and fell in love with everything from the floor plan to the beautiful details throughout the home. (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. Then when I am ready for the hustle and bustle I am only minutes away from Atlantic Station and Midtown. 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. "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! 730, 732(1)(a), 521 S.E.2d 358 (1999). at 72-74, 110 S.E.2d 128. 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. Cf. We disagree. 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. He further testified that the customary fee in this area in cases such as this one is usually 40 percent. 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. First AG lawsuit of its kind in US. Dahlia was always prompt in answering and addressing all of our questions and made us feel very confident in our first home purchase. See id. Although Brock Built initially argued that Blake voluntarily resigned, we concluded on appeal that the facts simply do not support a conclusion that Blake voluntarily resigned.10 Thus, the issue at trial was whether Blake was employed with a third party within six months of his termination from Brock Built.11. Brock Built argues that the trial court erred by awarding Blake twelve months severance instead of six months. FN4. FN10. Compare Tidikis v. Network for Med. Breach of Good Faith and Fair Dealing. Construction stopped circa 2007. A photo of homes comparable to those forthcoming in Marietta by the same builder. It is a family owned and operated business with family members in management roles. Hopeful homebuyers signed contracts expecting to have a home built within the next year. (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. 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. 1. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). 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. See Regenstein v. J. Regenstein Co., 213 Ga. 157, 162, 97 S.E.2d 693 (1957); Flexible Products Co. v. Ervast, 284 Ga.App. If youre ready to find new construction homes, were ready to help. But even construing the record in the light most favorable to Brock Built, the evidence does not support a finding of voluntary resignation. 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) Valuation: $169,841. On August 11, 2005, the Attorney General obtained an Agreed Temporary Injunction that bars SOL from engaging in these illegal acts. This browser is no longer supported. Read More. Brock Built acquired the remaining lots in 2013 & is finishing out the community in 2020. 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. Indeed, the Contract specifically provided that. 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! FN19. See Intl. City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. Brock of Hemet, CA Verified Reviewer. 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. 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). Brock Built contends that, when calculating Blake's incentive compensation, it relied upon a 2005 consolidated financial report prepared by an outside certified public accountant which reported Brock Built's net income as less than $1 million. Our building permit records indicate that Brock Built Homes LLC has worked on at least Whether Blake forfeited half of his severance was not at issue during the previous appeal. 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. 1, 5(3) (673 S.E.2d 858) (2009). All rights reserved. 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. 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. 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. At best, however, this evidence supports a finding that Blake was given the option to resign, which he clearly declined to do. FN15. Whether Blake forfeited half of his severance was not at issue during the previous appeal..FN11. FN18. FN20. See also United States v. Norwest Corp., 116 F.3d 1227, 1229(I)(A) (8th Cir.1997) ("The [ ] adjustments between a corporation's book income and the taxable income it reports on *430 the return are reflected by the IRS's Schedule M."); Long Term Capital Holdings v. United States, 330 F. Supp. at 820821(2)..FN4. 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. Their constant and open communication throughout the process kept me aware of everything going on as they worked to [meet] my personal deadline. Blake subsequently was promoted first to vice president and then, in October 2005, to president of the company. To date, Steve Brock has built more than 1,000 homes in Atlanta. at 823825(4)..FN6. The issues, problems, consequences or repercussions. Our free bidding system will get you quotes from Brock Built Homes LLC and 2 other top contractors. 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. Thank you again to the entire Brock Built family!, I could not have asked for a better experience working with Brock Built. I hate that its come to this but I think its in the best interest of the company and my personal interest." 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 therefore conclude that the record evidence presents a question of fact on this issue proper for jury resolution. Since breaking ground in summer 2019, that project attracted headlines as Donald Lee Hollowell Parkway's first significant . I hear this is very rare. This site is protected by reCAPTCHA and the Google. Brock Built Homes | 1,447 followers on LinkedIn. Brock builds a great product and has . 4. 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. City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. Contact us. to update company info and see who's viewing your profile. 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. Brock Built is the Atlanta, GA home builder that develops, designs, and builds to meet the needs of your life + style. I was told by a realtor to look into a community being built by Ashton Woods in Chandler AZ. 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. Id. 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). [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. You already receive all suggested Justia Opinion Summary Newsletters. Brock Built agreed to provide Blake "incentive compensation" by sharing with him a set percentage of Brock Built's "profit margin." The Contract defined "profit margin" as. Ron Kaufman. at 890(3)..FN17. See id. 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. Also, a few 2 bedroom, 2.5 bath 1 level flats in a mid-rise building. See id. 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. And if you wanted me to force them to make her discuss those tax issues before she testified at trial, I would have been happy to take that issue up. On appeal, Brock Built challenges the trial court's ruling. While building hundreds of new homes, Brock Built always made us feel like our home was the most important one they were working on. Judgment affirmed in part and reversed in part. 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. No. The trial court erred in denying Brock Built's motion for summary judgment on this claim. Analyzing permits over the last 4 years shows that Brock Built Homes LLC mostly works on 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. 300 Ga.App. 554, 558, n. 4, 2000 WL 1839390 (2000). Family Values.. CA Everyone, and I mean everyone, was so helpful, wonderful, understanding, consultative, nurturing, educational, etc all during the process. 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! 2021 Brock Built LLC, Builder of New Construction Homes. 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. 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." Usually 40 percent only minutes away from Atlantic Station and Midtown the same builder update company info see. Temporary Injunction that bars SOL from engaging in these illegal acts wood stud walls & wood framed.., i could not have asked for a better experience working with Brock Built, the trial erred! Cbs, 627 F. Supp am only minutes away from Atlantic Station and Midtown 3 ) 2009. 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