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. Quality you deserve, dependability you can count on! 1110 Northchase Pkwy SE Ste 150. at 823825(4)..FN6. The . 1. Marietta, GA 30067-6410. Brock Built is the Atlanta, GA home builder that develops, designs, and builds to meet the needs of your life + style. 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. where current residents and new homeowners can feel at home. See also Hofrichter/Stiakakis, 291 Ga.App. The trial was continued to May 31, 2011, when Salvati testified. Stay up-to-date with how the law affects your life. Since 1984, Brock Built has been a premier builder of Atlanta new homes. construction will be concrete slab on grade w wood stud walls & wood framed roofs. construction will be concrete slab on grade w wood stud walls & wood framed roofs. In addition, their post-closing service is phenomenal. 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). Negotiations are continuing on attorney fees . at 818819(1)..FN3. Blake asserts that Brock Built's contractual agreement to pay him a percentage of net profits in 2005 gave rise to a fiduciary duty to calculate its profits in good faith, and that the alleged violation of that duty amounted to a tort from which he suffered damages. 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. It is a family owned and operated business with family members in management roles. After the trial court ruled on the parties' cross-motions for summary judgment, the case proceeded to a bench trial, and the trial court entered judgment in favor of Blake. 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. at 819(1)..FN10. City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. I am very happy with my choice of a Brock Built home in West Highlands. 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. Everyone, and I mean everyone, was so helpful, wonderful, understanding, consultative, nurturing, educational, etc all during the process. We find no basis for reversal. Brohn Homes is building homes in new subdivisions from Georgetown to Lago Vista. my dream finally came true when I moved into the most beautiful home that I have ever seen, let alone have the opportunity to live in! 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. First, the Contract required written notice in the event that Blake intended to resign. The house is very well built and we love it and the neighborhood. 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. 1, 5(3) (673 S.E.2d 858) (2009). 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). An Atlanta-based builder with a portfolio of some 1,400 homes is setting sights on Bankhead's Donald Lee Hollowell Parkway, where almost no major investment has occurred in recent decades. And generally, no fiduciary duty runs from an employer to an at-will employee. 4. 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"). 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. Get free summaries of new Court of Appeals of Georgia opinions delivered to your inbox! FN22. While building hundreds of new homes, Brock Built always made us feel like our home was the most important one they were working on. Find Out About Great Interest Rate Specials and Reduced Pricing. Attorney General Beau Biden announced today that his office has filed a 39-countconsumer fraud lawsuit against NVR, Inc., which does business under the name "Ryan Homes." Ryan Homes built several sections of homes in the Odessa National development, in Townsend, Delaware, where the alleged fraud took place. 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. projects. Additionally, Adair Homes wants Brooks to shut down his public Facebook . at 72-74, 110 S.E.2d 128. We disagree. Brock mentioned that he was in the process of drafting a "termination agreement" and wanted the relationship to end amicably. 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. Indeed, the Contract specifically provided that. On August 11, 2005, the Attorney General obtained an Agreed Temporary Injunction that bars SOL from engaging in these illegal acts. 2021 Brock Built LLC, Builder of New Construction Homes. 751, 758(5), 556 S.E.2d 517 (2001); Physician Specialists in Anesthesia v. Wildmon, 238 Ga.App. See Turner Broadcasting System v. CBS, 627 F. Supp. 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." Tvrdeich, 268 Ga.App. Whether Blake forfeited half of his severance was not at issue during the previous appeal. FN4. 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." building 3 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), Construction of a new single family residence garage covered porch upper and lower, Aka boyd avenue - building 1 unit 40 - construction of new townhome ld-201700009, Aka boyd avenue - building 1 unit 38 - construction of new townhome ld-201700009, Aka boyd avenue - building 1 unit 37 - construction of new townhome ld-201700009, Lot 1 - construction of a new single family residence with an unfinished basement, BuildZoom hasn't received any reviews for, Please write a review about Brock Built Homes LLC. FN21. (punctuation and footnote omitted); Patterson v. Bates, 295 Ga.App. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. In these consolidated appeals, we consider for a second time an employment dispute between plaintiff Henry Blake and defendant Brock Built, LLC. On 3/29/22 we are experiencing another plumbing leak in our 2nd story plumbing that is leaking down to the 1st story roof. 712, 716(3), 531 S.E.2d 126 (2000); Constr. Medserv Corp. v. Nemnom, 1997 *431 U.S. Dist. Innovative. From the variety of our award-winning floor plans to our energy efficient features, you will find our Craftsman, Traditional, Modern, and Custom-built new homes are designed with your lifestyle in mind. The determination of profit margin made by the accounting firm employed by the Company shall be final and binding. 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. So viewed, the evidence shows that Blake was hired by Brock Built as a construction manager in 2003. FN10. 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. It is undisputed that no such notice was ever given. Horton are experiencing similar problems. 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. [t]he plain language of the agreement says that Blake must become employed with a third party within six months. If you wish to report an issue or seek an accommodation, please let us know. Brock Built Homes | 1,447 followers on LinkedIn. Sep 18, 2015 11:49 am EDT. at 758(5), 556 S.E.2d 517; Constr. See id. at 821823(3)..FN5. 356, 357, 677 S.E.2d 321 (2009). West Town by Brock Built Atlanta, GA 30318 Available soon Contact the agent to learn about upcoming homes within this community. FN16. Community features This vibrant community is one of the most diverse locations Atlanta has to offer in-town homebuyers. The lawsuit claims KB ignored the Florida attorney general's 2016 settlement that ordered the builder to repair homes built since 2006. They are committed to quality and . When faced with Blake's sworn statements denying these allegations, Brock Built was required to put forth some competent evidence illustrating a triable question of fact on these issues. See Intl. at 585(2). 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. Constr. at 890(3)..FN17. See Magill v. Edd Kirby Chevrolet, Inc., 277 Ga.App. Lender, 228 Ga.App. Brock commenced the brief meeting by announcing, "I think we need to go ahead and end the relationship. We disagree with Blake. See Bonney Motor Express v. Yates, 171 Ga.App. As Blake concedes on appeal, however, the trial court's award calculation was erroneous. Get in touch with Brock Built today. 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. . at 909-911. Stone, Atlanta, for appellee. 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. Our convenient, carefully curated communities are second-to-none. 619, 620(1) (627 S.E.2d 207) (2006)..FN22. (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.