Brock Built also challenges the attorney fee and cost award to Blake. Breach of Contract Failure to Pay Incentive Compensation. 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. The house is very well built and we love it and the neighborhood. Brock Built, 300 Ga.App. 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. at 585(2). Our convenient, carefully curated communities are second-to-none. 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. The . Lender v. Sutter, 228 Ga.App. City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. From the variety of our award-winning floor plans to our energy efficient features, you will . (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. the net profit statement [the accounting firm] produced for Brock Built in 2005, reflecting profits of $944,220, is accurate. Whether Blake forfeited half of his severance was not at issue during the previous appeal. _ (Case No. 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. FN15. Family Values.. "In two weeks the price of this house will increase by $25,000. We . All Rights Reserved. Their constant and open communication throughout the process kept me aware of everything going on as they worked to [meet] my personal deadline. In addition to location and the charm of my home, the price value for the midtown area is exceptional. 3. Headquarters. I knew I wanted to live in the Midtown area based on convenient interstate access and the up and coming Westside community. See also Hofrichter/Stiakakis, 291 Ga.App. At best, however, this evidence supports a finding that Blake was given the option to resign, which he clearly declined to do. Brock Built is the Atlanta, GA home builder that develops, designs, and builds to meet the needs of your life + style. 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. The HOAs then work with the builder to fix work allegedly completed improperly. 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. 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. See id. Brock Built Homes | 1,447 followers on LinkedIn. 53 talking about this. 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. They have always been innovative and on the leading edge of new market development in the Atlanta area. See id. You can explore additional available newsletters here. Contact us. 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. Blake, on the other hand, asserts that not only is the 2005 net income figure reflected in Brock Built's financial report inconsistent with his understanding of the company's financial status at the time that he was terminated, but is also inconsistent with the $3 million plus net income reported on Brock Built's sworn 2005 tax returns. 1. It's over." The parties filed a consolidated pre-trial order on March 29, 2010, and Brock Built listed Salvati as a may call witness in the order. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). 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. 3. From our variety of award winning floor plans to our energy efficient features, you'll find our Craftsman, Old Word, Traditional, Modern, and custom built new homes are . Second, the transcript memorializing the February 10 meeting between Brock and Blake demonstrates no such resignation. View Brock Built (www.brockbuilt.com) location in Georgia, United States , revenue, industry and description. 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. 730, 732(1)(a), 521 S.E.2d 358 (1999). The issues, problems, consequences or repercussions. FN12. at 819(1). 1. Their license was verified as active when we last checked. 2022. 686 S.E.2d 425 (2009) BROCK BUILT, LLC v. BLAKE. Our commitment to quality and customer service is found in every detail of our new homes in Atlanta. Thank you again to the entire Brock Built family!, I could not have asked for a better experience working with Brock Built. FN3. When Brock vaguely referenced that he had "cause" to terminate Blake, Blake inquired as to "what kind of things [he] did." Accordingly, we find no error in the trial court's decision to award Blake attorney fees and costs.15. 94104, Brock Built Homes LLC has a BuildZoom score of. See, e.g., Yargus v. Smith, 254 Ga.App. 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. This graph shows the distribution of these job values. at 817818..FN12. Allegations amounting to mere negligence, carelessness, or "lackadaisical performance" are insufficient as a matter of law. (Emphasis in original.). When I compared it to a high rise option, I was getting more space for my money. at 820821(2)..FN4. building 3 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1851 brooks dr nw. at 585(2). We recommend getting multiple quotes for any construction project. Breach of Good Faith and Fair Dealing. If I ever have an issue or question, they are always available to help in a kind and timely manner.. Craftsman Chic. The trial court did not err by granting Blake summary judgment on this claim. 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. 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). We affirm the imposition of attorney fees and costs against Brock Built, but we reverse and remand the case to the trial court for determination of the proper amount of the award. We are continuously working to improve the accessibility of our web experience for everyone, and we welcome feedback and accommodation requests. About a mile and a half east of Marietta's historic square, within clucking . Cottle, 849 F.2d at 575(II). FN20. The fact that the amount awarded was less than what he sought does not mean that he was not substantially successful in this litigation. Our free bidding system will get you quotes from Brock Built Homes LLC and 2 other top contractors. See Service-Master Co., 252 Ga.App. Who is Brock Built. Visit Website. The evidence produced by [Blake], i.e. See Medserv Corp., 1997 U.S. Dist. The families bought homes built by Trinity Homes, LLC ("Trinity") in Indiana between June 1, 1998, and October 31, 2002. In addition, the plaintiff must have "an independent injury over and above the mere disappointment of plaintiff's hope to receive the contracted-for benefit." New construction homes designed with you in mind. LEXIS 18246, *9-10(II) (N.D.Ga.1997). Breach of Fiduciary Duty. Our building permit records indicate that Brock Built Homes LLC has worked on at least Brock . at 585(2). FN9. construction will be concrete slab on grade w wood stud walls & wood framed roofs. So viewed, the evidence shows that Blake was hired by Brock Built as a construction manager in 2003. 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. A photo of homes comparable to those forthcoming in Marietta by the same builder. Sign up for our free summaries and get the latest delivered directly to you. FN8. See also Bourke, 277 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 . *427 Ashe, Rafuse & Hill, Joshua D. Jewkes, Atlanta, for . Driskell further testified that Brock Built's 2005 tax returns (specifically, the IRS Schedule M1), which reported the company's net income as $3.1 million, was a reasonable proxy for determining the company's net profits according to GAAP. See Regenstein v. J. Regenstein Co., 213 Ga. 157, 162, 97 S.E.2d 693 (1957); Flexible Products Co. v. Ervast, 284 Ga.App. 2019-01-18. City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. We invite you to visit our Atlanta, GA new home communities in exceptional locations including West Midtown, Intown, Downtown, East Atlanta, Norcross, Vinings, Woodstock, Marietta and East Cobb. The homes are available with three different floorplans: The Adeline, the Manchester and the Lancaster. FN7. 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. In real estate, location is everythingand we take that to heart. Contact Information 1110 Northchase Pkwy SE Ste. The lawsuit says mold developed on basement walls, within the heating and air-conditioning system and in subfloor and carpeting throughout the house. 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. 390 projects over the past 3 years. + Caption. Stay up-to-date with how the law affects your life. For example, contrary to its allegations that Blake inappropriately accelerated home closings, the uncontradicted evidence shows that Brock Built had contractually agreed to close the homes at issue in 2005, not in 2006. Blog; Homeowners; Realtors; Careers; Contact Us; 866-551-7995; Search Our Homes Search Our Homes. See Intl. [Blake] failed to produce persuasive evidence to the contrary. The trial court awarded Blake $207,279 in attorney fees and $32,825 in expenses. at 758(5), 556 S.E.2d 517; Constr. 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. FN8. 330, 334(2) (705 S.E.2d 214) (2010). And generally, no fiduciary duty runs from an employer to an at-will employee. FN8. #4 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1918 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 1920 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 1849 brooks dr nw. Various floor plans including 2-4 bedroom townhomes, 2 car garages, basements. at 818819(1)..FN3. at 820821(2). McReynolds v. Krebs, 307 Ga.App. 4. 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. See also Hofrichter/Stiakakis, 291 Ga.App. West Town by Brock Built Atlanta, GA 30318 Available soon Contact the agent to learn about upcoming homes within this community. (Punctuation omitted.) 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