at 409(2), 491 S.E.2d 853. Blake was terminated from Brock Built in February 2006.12 It is undisputed that in February 2006, Blake incorporated Terranova Properties, Inc., a residential construction and remodeling company, listing himself as the incorporator, president, and sole member of the Board of Directors. 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. Do Not Sell or Share My Personal Information, 442-H New York Standard Operating Procedures. (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. 816 (686 S.E.2d 425) (2009). You already receive all suggested Justia Opinion Summary Newsletters. Stay up-to-date with how the law affects your life. FN13. Although a duty of good faith and fair dealing arises in every contract, the mere breach of a contractual duty is insufficient to create a cause of action for tortious conduct. If the two sides do not agree, a lawsuit is filed. 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." It's over." Their license was verified as active when we last checked. FN5. 749 (627 S.E.2d 454) (2006). 22, 2012). 2022. construction will be concrete slab on grade w wood stud walls & wood framed roofs. 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. at 821823(3). 1, 5(3) (673 S.E.2d 858) (2009). at 823825(4). 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. There's a cheesy incarnation waiting for you no matter what you palete preferences are. This is a growing and well positioned company. 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. [2] In October 2015, the company merged with Standard Pacific Homes to form CalAtlantic Homes . Compare TSG Water Resources, 260 Fed.Appx. 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. FN18. Our commitment to quality and customer service is found in every detail of our new homes in Atlanta. 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. All rights reserved. It follows that the duty allegedly breached by Brock Built and the damages arising therefrom arose solely from Brock Built's alleged breach of contract and are encompassed within that claim. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation)..FN14. of Internal Revenue, 115 T.C. In determining whether a corporate officer has fulfilled his or her statutory duty, Georgia courts apply the business judgment rule. 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. See Magill v. Edd Kirby Chevrolet, Inc., 277 Ga.App. Analyzing permits over the last 4 years shows that Brock Built Homes LLC mostly works on 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 only other option, leave their contract and dream home behind and get their earnest money back. We therefore conclude that the record evidence presents a question of fact on this issue proper for jury resolution. 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. The trial court awarded Blake $207,279 in attorney fees and $32,825 in expenses. Tvrdeich, 268 Ga.App. Brock Built Homes is the construction partner on the project, and Niles Bolton is the architect designing Generation Avondale East. 619, 620(1) (627 S.E.2d 207) (2006). 816 (686 S.E.2d 425) (2009). On August 11, 2005, the Attorney General obtained an Agreed Temporary Injunction that bars SOL from engaging in these illegal acts. 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. At best, however, this evidence supports a finding that Blake was given the option to resign, which he clearly declined to do. We find no basis for reversal. 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! See Magill v. Edd Kirby Chevrolet, Inc., 277 Ga.App. at 820821(2)..FN4. The house is very well built and we love it and the neighborhood. Lender v. Sutter, 228 Ga.App. See also Matter of Munford, Inc., 98 F.3d at 610-611(B); Flexible Products Co., 284 Ga.App. The homes are available with three different floorplans: The Adeline, the Manchester and the Lancaster. Get in touch with Brock Built today. November 6, 2009. . Learn more about FindLaws newsletters, including our terms of use and privacy policy. I was told by a realtor to look into a community being built by Ashton Woods in Chandler AZ. The trial court did not err by granting Blake summary judgment on this claim. See also Bourke, 277 Ga.App. The typical size of their permits is approximately $186,713. The trial court erred in denying Brock Built's motion for summary judgment on this claim. 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. Accordingly, we find no error in the trial court's decision to award Blake attorney fees and costs.15. KING COUNTY, Wash. A new class-action lawsuit in the works accuses home developer LGI Homes of shoddy construction and violating the Consumer . Bourke v. Webb, 277 Ga.App. McReynolds v. Krebs, 307 Ga.App. Copyright 2023, Thomson Reuters. " Quality is more than a promise. Cottle, 849 F.2d at 575(II). Then, many received a notice at the beginning of June that they would need to sign a new contract paying thousands more, with a 7% escalation clause. 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. The lawsuit demands $550,000 in damages, claiming Adair Homes lost prospective sales because of the negative online reviews. Hopeful homebuyers signed contracts expecting to have a home built within the next year. 1110 Northchase Pkwy SE Ste 150. Finally, the Contract guaranteed Blake "severance" payments equal to one year of his annual base salary if he was terminated by Brock Built without "[c]ause," as that term was narrowly defined in the Contract, but did not entitle him to severance payments if he voluntarily resigned or was terminated for cause. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Compare Tidikis v. Network for Med. (Citation omitted.) A09A2373, decided Mar. Then when I am ready for the hustle and bustle I am only minutes away from Atlantic Station and Midtown. 390 projects over the past 3 years. It's genuine performance. at 817818..FN12. *427 Ashe, Rafuse & Hill, Joshua D. Jewkes, Atlanta, for . Bourke v. Webb, 277 Ga.App. In these consolidated appeals, we consider for a second time an employment dispute between plaintiff Henry Blake and defendant Brock Built, LLC. projects. The Ryland Group, Inc. was a company engaged in home construction based in Westlake Village, California. Georgia law requires that corporate officers and directors discharge their duties in good faith and with the care of an ordinarily prudent person in a like position. "In two weeks the price of this house will increase by $25,000. Their team, from the builder Larry all the way up to their agent Dahlia, made my first home buying experience a great one. Finally, at the meeting the following Monday, February 13, Brock presented Blake with his proposed termination agreement (which offered Blake less compensation than that to which he was entitled in the event of termination without cause) and instructed him to review it and "come back with comments." Shoddy construction resulted in 80 alleged defects in the clubhouse and other amenities at Seven Bridges, a GL Homes luxury development in Delray Beach, according to a recently filed lawsuit. 816 (686 S.E.2d 425) (2009)..FN1. at 751(1). City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. 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. We are unpersuaded by this argument. FN7. The Contract defined "profit margin" as. We have been extremely happy with our home. The civil suit, filed today in New Castle [] Even if we were to assume that Blake's allegedly selfish motives could render Brock Built's financial success in 2005 a breach of his duty to the company, Brock Built failed to submit any specific evidence in support of its claims. Our free bidding system will get you quotes from Brock Built Homes LLC and 2 other top contractors. 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. Prices begin in the high $300,000s, according to Brock Built. 579, 584(2) (602 S.E.2d 297) (2004). 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. 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. 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. See id. McReynolds v. Krebs, 307 Ga.App. West Highlands. 730, 732(1)(a), 521 S.E.2d 358 (1999). at 751(1). I hear this is very rare. Do you work for this business? Whether Blake forfeited half of his severance was not at issue during the previous appeal..FN11. Judgment affirmed in part, and vacated and remanded in part. Hanson Staple Co. v. Eckelberry, 297 Ga.App. See also Millsap v. American Family Corp., 208 Ga.App. First, the Contract required written notice in the event that Blake intended to resign. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). FN14. 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. 751, 758(5), 556 S.E.2d 517 (2001); Physician Specialists in Anesthesia v. Wildmon, 238 Ga.App. 749 (627 S.E.2d 454) (2006)..FN9. 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. 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! Both parties filed cross-motions for summary judgment. Lender, 228 Ga.App. The business judgment rule affords an officer the presumption that he or she acted in good faith, and absolves the officer of personal liability unless it is established that he or she engaged in fraud, bad faith or an abuse of discretion: (Citations and punctuation omitted.) By letter dated February 24, Blake objected to Brock Built's termination of him without written notice, denied Brock Built had cause to terminate him, and demanded severance payments in accordance with the terms of the Contract. FN9. Tvrdeich, 268 Ga.App. Brock mentioned that he was in the process of drafting a "termination agreement" and wanted the relationship to end amicably. To date, Steve Brock has built more than 1,000 homes in Atlanta. Id. Who is Brock Built. 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. 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. 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. Ron Kaufman. 712, 716(3), 531 S.E.2d 126 (2000); Constr. Blake testified that Terranova Properties was a one-man operation, and he was solely responsible for preparing estimates, proposals, bids, contracts, and invoices, reviewing bills, and maintaining the profitability of the corporation. First AG lawsuit of its kind in US. 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. FN1. Turner Broadcasting System, 627 F. Supp. 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. The . at 818819(1)..FN3. 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). I modified an existing floor plan and picked out my own colors and fixtures. Brock Built, LLC, sued Brock Built alleging that Brock Built breached his employment contract by terminating him and failing to pay the severance . FN17. (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. Brock builds a great product and has . Brock Built has established their reputation in the Greater Atlanta Area through quality craftsmanship and exceptional customer service for over 30 years. 2. Then click the filter button to the right to filter community results by the region you selected. Brock Built counterclaimed, alleging both breach of contract and fiduciary duties and also seeking attorney fees. See also Hofrichter/Stiakakis, 291 Ga.App. FN3. 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. Used under license. 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"). 1, 5(3) (673 S.E.2d 858) (2009). The trial was continued to May 31, 2011, when Salvati testified. Brock Built, 300 Ga.App. Consequently, Brock Built did not owe any independent duties to Blake apart from those arising under the Contract. Contact Information 1110 Northchase Pkwy SE Ste. 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. We cannot say with certainty that Blake was entitled to summary judgment as a matter of law on this breach of contract claim. new construction (Citation and punctuation omitted.) at 890(3)..FN17. 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. at 72-74, 110 S.E.2d 128. Their BuildZoom score of 99 ranks in the top 15% of 84,062 Georgia licensed contractors. at 72-74, 110 S.E.2d 128. 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. FN16. 405, 409(2), 491 S.E.2d 853 (1997); Rhine v. Sanders, 100 Ga.App. Williamson v. Strickland & Smith, Inc., 296 Ga.App. 230, 233(3), 430 S.E.2d 385 (1993). So viewed, the evidence shows that Blake was hired by Brock Built as a construction manager in 2003. Constr. See id. The Contract further allowed termination of the employment relationship with or without cause by either Blake or Brock Built, provided, however, that "[a]ny termination shall be communicated by written notice *428 of termination to the other party." Indeed, the Contract specifically provided that. According to the complaint, Pulte failed to . 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. Court of Appeals of Georgia. See also Matter of Munford, Inc., 98 F.3d 604, 611(B) (11th Cir.1996); Medserv Corp. v. Nemnom, 1997 U.S. Dist. 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. Zillow, Inc. holds real estate brokerage licenses in multiple states. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Their BuildZoom score of 107 ranks in the top 6% of 84,062 Georgia licensed contractors. Building permit records show that Brock Built Homes LLC has worked on 1135 permitted projects. Their license was verified as active when we last checked Sell or Share Personal... Our commitment to quality and customer service is found in every detail of our Homes. 11, 2005, the contract required written notice in the process of a... 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