390 projects over the past 3 years. 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. Quality craftsman style homes you expect from decades of experience building in Atlantas best neighborhoods. From skilled contractors to building materials, only the best will do. In addition to location and the charm of my home, the price value for the midtown area is exceptional. Tvrdeich, 268 Ga.App. See, e.g., Yargus v. Smith, 254 Ga.App. 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 . Zillow, Inc. holds real estate brokerage licenses in multiple states. 816 (686 S.E.2d 425) (2009). 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. At 60 percent AMI that would be $1,080; and at 80 . 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. This site is protected by reCAPTCHA and the Google. 751, 758(5), 556 S.E.2d 517 (2001); Physician Specialists in Anesthesia v. Wildmon, 238 Ga.App. At best, however, this evidence supports a finding that Blake was given the option to resign, which he clearly declined to do. FN22. The Contract defined "profit margin" as. Contact. etc., Research, 274 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. 330, 334(2) (705 S.E.2d 214) (2010)..FN21. 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. Breach of Contract Failure to Pay Incentive Compensation. In Southern California, nine cities from Del Mar to Sylmar have received 26 builder's remedy applications in the past eight months, seeking to build 8,642 new homes. 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. This appeal followed the trial court's grant of summary judgment to Blake on its contract claims and Brock Built's counterclaims and denial of summary judgment to Brock Built on Blake's claims. FN9. (Punctuation omitted.) The trial court awarded Blake $207,279 in attorney fees and $32,825 in expenses..FN7. 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. 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. Their BuildZoom score of 99 ranks in the top 15% of 84,062 Georgia licensed contractors. FN19. 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. Do Not Sell or Share My Personal Information, 442-H New York Standard Operating Procedures. 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. I would choose Brock Built again and if you want to make the best choice, you should too!. _ (Case No. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. 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. Zillow Group is committed to ensuring digital accessibility for individuals with disabilities. Headquarters. Innovative. at 409-410(2), 491 S.E.2d 853; Rhine, 100 Ga.App. Medserv Corp. v. Nemnom, 1997 *431 U.S. Dist. In connection with Blake's promotion to president, he negotiated with Brock Built a contract of employment (the "Contract"). 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. 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. Marietta, GA 30067-6410. 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. 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. 191, 197(IV)(A) (11th Cir.2007). Brock Built is the Atlanta, GA home builder that develops, designs, and builds to meet the needs of your life + style. LEXIS 18246, *9-10(II) (N.D.Ga.1997). Since breaking ground in summer 2019, that project attracted headlines as Donald Lee Hollowell Parkway's first significant . FN8. The email address cannot be subscribed. 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. 22, 2012). 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. (Punctuation omitted.) Brock Built, 300 Ga.App. 2021 Brock Built LLC, Builder of New Construction Homes. First AG lawsuit of its kind in US. All rights reserved. Since 1984, Brock Built has been a premier builder of Atlanta new homes. 579, 584(2) (602 S.E.2d 297) (2004). The total amount of the judgment to Blake was $256,589 (inclusive of interest) plus $240,104 in attorney fees, costs, and expenses.. 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. 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 meeting went wonderful and I immediately felt that Brock Built and West Highlands at Habersham was where I wanted my dream to come true! 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. 22, 2012)..FN15. Everyone, and I mean everyone, was so helpful, wonderful, understanding, consultative, nurturing, educational, etc all during the process. I toured the model homes and fell in love with everything from the floor plan to the beautiful details throughout the home. 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. "In two weeks the price of this house will increase by $25,000. at 821823(3)..FN5. 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. If I ever have an issue or question, they are always available to help in a kind and timely manner.. First, the Contract required written notice in the event that Blake intended to resign. Their team, from the builder Larry all the way up to their agent Dahlia, made my first home buying experience a great one. We agree and reverse. We disagree. 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.. construction will be concrete slab on grade w wood stud walls & wood framed roofs. He says he and his wife didn't want to sign when they did, but his agent told him prices would rise in two weeks and they should act now. Select details like cabinetry and lighting through our design center. On appeal, Brock Built challenges the trial court's ruling. In the months that followed, Blake argued that he had been terminated without cause and was entitled to severance payments in accordance with the terms of the Contract. 356, 357, 677 S.E.2d 321 (2009). at 758(5), 556 S.E.2d 517; Constr. "But two years later, nothing has happened. The trial was continued to May 31, 2011, when Salvati testified. (KXAN Photo/Chris KXAN investigator Arezow Doost asked him if he was with the Brohn Homes leadership group.. (Citation and punctuation omitted.) Their constant and open communication throughout the process kept me aware of everything going on as they worked to [meet] my personal deadline. All rights reserved. We disagree. 405, 409(2), 491 S.E.2d 853 (1997); Rhine v. Sanders, 100 Ga.App. See id. 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. at 181(2)(b)(ii), 643 S.E.2d 560. In real estate, location is everythingand we take that to heart. 94104, Brock Built Homes LLC has a BuildZoom score of. When it came to comparing the two options the biggest factors for me were the simple pleasures: the quaintness of the neighborhood, being able to go for walks and having a quiet cup of coffee on my porch. Brock Built acquired the remaining lots in 2013 & is finishing out the community in 2020. It is a family owned and operated business with family members in management roles. 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. The fact that the amount awarded was less than what he sought does not mean that he was not substantially successful in this litigation. Thank you Dahlia, Barry, Mark, Steve, Evanne, Brian, Joe and anyone else that helped me with my new home!, We could not be any more pleased with our home purchase through Brock Built. [2] In October 2015, the company merged with Standard Pacific Homes to form CalAtlantic Homes . All Rights Reserved. + Caption. 576, 579(2)(b), 586 S.E.2d 74 (2003) (officer breached fiduciary duty when he converted tens of thousands of dollars of cash belonging to corporation to his own use). building #1 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), Westhighland townhomes - building 5 lot 682- construct new 2 story townhome. (Ron Baselice/Tribune News Service file) TNS NEW! CA Pre-construction Manager (Former Employee) - Atlanta, GA - March 28, 2018. 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. If youre ready to find new construction homes, were ready to help. The lawsuit demands $550,000 in damages, claiming Adair Homes lost prospective sales because of the negative online reviews. Their license was verified as active when we last checked. 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. We cannot say with certainty that Blake was entitled to summary judgment as a matter of law on this breach of contract claim. 730, 732(1)(a), 521 S.E.2d 358 (1999). City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. Cf. Tvrdeich, 268 Ga.App. driveway and walk way ld-201400006, Castle berry station townhomes building 1 lot 1 - new construction of 3 story w roof access a garage and outdoor deck in a 5 unit building. Contact us. Brock Built relies heavily on the fact that during the February 10 meeting, Brock offered to allow Blake to "keep [his] pride" and say that he resigned, and that during the February 13 meeting, when Brock asked if Blake had any discussions with other employees, Blake responded that he told one employee that he "was leaving" and would "probably start [his] own company." FN1. The trial court awarded Blake $207,279 in attorney fees and $32,825 in expenses. When I compared it to a high rise option, I was getting more space for my money. Blake argues that the trial court erred by improperly calculating the amount of incentive compensation he was contractually entitled to receive. 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. , 491 S.E.2d 853 ( 1997 ) ; Rhine, 100 Ga.App that would be $ 1,080 ; and 80. In Anesthesia v. Wildmon, 238 Ga.App, the price of this house will increase $... 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