2. 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. (Citation omitted; emphasis in original.) I met withDahlia Aitova to start making my dream come true of building my first home. 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. 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.. 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." "In two weeks the price of this house will increase by $25,000. Subject to change without notice. 390 projects over the past 3 years. The families bought homes built by Trinity Homes, LLC ("Trinity") in Indiana between June 1, 1998, and October 31, 2002. FN19. In addition, their post-closing service is phenomenal. As Blake concedes on appeal, however, the trial court's award calculation was erroneous. (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. Please try again. See, e.g., Yargus v. Smith, 254 Ga.App. The civil suit, filed today in New Castle [] 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. A12A0518, challenging the severance and attorney fees portions of the judgment, and Blake appeals in Case No. the net profit statement [the accounting firm] produced for Brock Built in 2005, reflecting profits of $944,220, is accurate. at 819(1)..FN10. 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. Lender, 228 Ga.App. 554, 558, n. 4, 2000 WL 1839390 (2000). While building hundreds of new homes, Brock Built always made us feel like our home was the most important one they were working on. Select a region from the list. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. Tuscany is a new community north of Atlantic Avenue, just east of . Construction stopped circa 2007. We most appreciate the punctuality of the entire process. FN18. Learn more about FindLaws newsletters, including our terms of use and privacy policy. We therefore conclude that the record evidence presents a question of fact on this issue proper for jury resolution. 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. 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. Analyzing permits over the last 4 years shows that Brock Built Homes LLC mostly works on Southern Charm. 749 (627 S.E.2d 454) (2006)..FN9. It is undisputed that Blake was an at-will employee of Brock Built. Brock Built also challenges the attorney fee and cost award to Blake. 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 758(5), 556 S.E.2d 517; Constr. 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. See id. 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. 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. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). Like both Blake and the trial court, we are troubled that Brock Built has failed to explain why the discrepancy between its net income figures is not reflected on the IRS Schedule M-1 (titled "Reconciliation of Income (Loss) per Books With Income (Loss) per Return"), which reports "net income per books" and serves to identify "the different treatment of income and expense items for book and tax purposes." FN12. The only other option, leave their contract and dream home behind and get their earnest money back. The HOAs then work with the builder to fix work allegedly completed improperly. Obviously. In these consolidated appeals, we consider for a second time an employment dispute between plaintiff Henry Blake and defendant Brock Built, LLC. See id. The trial was continued to May 31, 2011, when Salvati testified. At no time during *429 the meeting did Blake indicate that their employment relationship was being severed due to any voluntary conduct on his part. The trial court, however, awarded Blake 40 percent of the total amount of damages Blake sought at trial, including the amount he sought on his incentive compensation claim.18 Therefore, we affirm the imposition of attorney fees and costs, but we vacate the attorney fees and costs award and remand the case for proper calculation thereof consistent with this opinion. 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. In Georgia, an attorney cannot recover for professional services without proof of the value of those services. 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. Craftsman Chic. K. kk5 of US. 2021 Brock Built LLC, Builder of New Construction Homes. at 818819(1)..FN3. Stay up-to-date with how the law affects your life. McReynolds v. Krebs, 307 Ga.App. Customer Complaints Summary Business's Response Rate: 75% 4 total complaints in the last 3 years. This argument misconstrues the trial court's ruling. 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. 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." 2019-01-18. Wynn v. Arias, 242 Ga.App. See Turner Broadcasting System v. CBS, 627 F. Supp. The fact that the amount awarded was less than what he sought does not mean that he was not substantially successful in this litigation. 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. This graph shows the distribution of these job values. As you search for your new home, you'll find that we deliver everything from the suburban lifestyle of Woodstock to the in-town lifestyle of West Midtown, or unique vineyard living in Norcross. 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. 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. See Cochran v. Murrah, 235 Ga. 304, 307, 219 S.E.2d 421 (1975); ServiceMaster Co. v. Martin, 252 Ga.App. 712, 716(3), 531 S.E.2d 126 (2000); Constr. (Punctuation omitted.) 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. Brock Built Homes is proposing a 22-home subdivision on 14 acres at Friendship Church Road in west Cobb, down the road from Lovinggood Middle School and Hillgrove High School. (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. Everyone, and I mean everyone, was so helpful, wonderful, understanding, consultative, nurturing, educational, etc all during the process. " Quality is more than a promise. Lender v. Sutter, 228 Ga.App. new construction FN7. From skilled contractors to building materials, only the best will do. Brock Built Homes is the construction partner on the project, and Niles Bolton is the architect designing Generation Avondale East. Brock Built is the Atlanta, GA home builder that develops, designs, and builds to meet the needs of your life + style. 1:16-cv-07135 (N.D. Ill.). 22, 2012). The agreement between the parties provided that: [t]he Company shall pay or reimburse Blake for all costs and expenses (including court costs and reasonable attorney[] fees) incurred by Blake in connection with any litigation seeking to enforce Blake's rights under this Agreement, provided that Blake is substantially successful in such litigation.. It's over." Constr. at 409-410(2), 491 S.E.2d 853; Rhine, 100 Ga.App. You're all set! Find Out About Great Interest Rate Specials and Reduced Pricing. We disagree with Blake. On appeal, Brock Built challenges the trial court's ruling. A court may consider a contingent fee agreement and the amount it would have generated as evidence of usual and customary fees in determining both the reasonableness and the amount of an award of attorney fees. The lawsuit demands $550,000 in damages, claiming Adair Homes lost prospective sales because of the negative online reviews. It's genuine performance. The trial court awarded Blake $207,279 in attorney fees and $32,825 in expenses. Minutes to Historic Marietta Square. Tvrdeich, 268 Ga.App. (Emphasis in original.). In determining whether a corporate officer has fulfilled his or her statutory duty, Georgia courts apply the business judgment rule. About a mile and a half east of Marietta's historic square, within clucking . See id. 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. We find no basis for reversal. A09A1537. projects. 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. (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. 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. First AG lawsuit of its kind in US. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). Get in touch with Brock Built today. 579, 584(2) (602 S.E.2d 297) (2004). Ins. (Punctuation omitted.) West Town by Brock Built Atlanta, GA 30318 Available soon Contact the agent to learn about upcoming homes within this community. "I cried day and night because all I wanted to do, honestly, was . FN6. FN8. 1. His homes. See also Bourke, 277 Ga.App. FN17. KING COUNTY, Wash. A new class-action lawsuit in the works accuses home developer LGI Homes of shoddy construction and violating the Consumer . 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. Visit Website. 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. Family Values.. The total amount of the judgment to Blake was $256,589 (inclusive of interest) plus $240,104 in attorney fees, costs, and expenses.. The homes are available with three different floorplans: The Adeline, the Manchester and the Lancaster. FN13. I hear this is very rare. 56, 63-65(IV)(C) (D.Del.2004) (affirming dismissal of claim for breach of fiduciary duty despite allegations that corporate officers and directors "abdicated their responsibility over the management and business affairs of the [corporation]"). 230, 233(3), 430 S.E.2d 385 (1993). See id. etc., Research, 274 Ga.App. Brock Built appeals in Case No. See, e.g., Yargus v. Smith, 254 Ga.App. Both parties filed cross-motions for summary judgment. 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. 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. Blake concedes that he began doing business for Terranova Properties in February 2006, the same month his employment relationship with Brock Built was terminated. The email address cannot be subscribed. 3. 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. 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. See also Hofrichter/Stiakakis, 291 Ga.App. San Francisco, And generally, no fiduciary duty runs from an employer to an at-will employee. 300 Ga.App. See Magill v. Edd Kirby Chevrolet, Inc., 277 Ga.App. We are continuously working to improve the accessibility of our web experience for everyone, and we welcome feedback and accommodation requests. 330, 334(2) (705 S.E.2d 214) (2010). The model was advertised for $450, 000. 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. Sep 18, 2015 11:49 am EDT. FN4. If the two sides do not agree, a lawsuit is filed. 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). Brock Built agreed to provide Blake "incentive compensation" by sharing with him a set percentage of Brock Built's "profit margin." We . at 890(3). (Punctuation omitted.) at 821823(3). 1846 Brooks Dr Nw, Atlanta, GA, 30318. 2d 122, 211(II)(D)(4)(c) (D.Conn.2004) ("the M-1 schedule is designed to notify the IRS of differences in book income/loss and tax income/loss"). Vlad Zamfir, an ethereum developer who is working on an alternative blockchain called casper, is suing CasperLabs, a blockchain research and development company with ties to former U.S . 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