Pursuant to the employment agreement, Brock Built agreed to pay Blake a designated annual base salary, plus incentive compensation, which was comprised of a set percentage of the company's profit margin. The agreement defined profit margin as. Allegations amounting to mere negligence, carelessness, or "lackadaisical performance" are insufficient as a matter of law. Williamson v. Strickland & Smith, Inc., 296 Ga.App. City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. On 3/29/22 we are experiencing another plumbing leak in our 2nd story plumbing that is leaking down to the 1st story roof. Blake concedes that he began doing business for Terranova Properties in February 2006, the same month his employment relationship with Brock Built was terminated. 1. Sep 18, 2015 11:49 am EDT. I hear this is very rare. McReynolds v. Krebs, 307 Ga.App. 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. This is a growing and well positioned company. Brock Built, LLC, sued Brock Built alleging that Brock Built breached his employment contract by terminating him and failing to pay the severance . at 819(1). FN10. See FPL Group v. Commr. 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. construction will be concrete slab on grade w wood stud walls & wood framed roofs. Please try again. . FN8. Lender, 228 Ga.App. 1995 Westside Blvd Nw, Atlanta, GA, 30318, 285 Castleberry Hill Walk SW, Atlanta, GA, 30313, 1979 Westside Blvd Nw, Atlanta, GA, 30318, 1991 Westside Blvd Nw, Atlanta, GA, 30318, 1317 Azalee Hester Wharton Way Nw, Atlanta, GA, 30318, 1321 Azalee Hester Wharton Way Nw, Atlanta, GA, 30318, 1323 Azalee Hester Wharton Way Nw, Atlanta, GA, 30318, Permits filed by publicly traded companies, Create a general contractor work agreement. 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.2, This Court affirmed the grant of summary judgment to Blake on his claim for severance compensation3 ; reversed the grant of summary judgment to Blake on his claim for breach of contract based on Brock Built's failure to pay him the full amount of incentive compensation to which he was entitled, concluding that the record evidence presents a question of fact on this issue4 ; affirmed the grant of summary judgment to Blake on Brock Built's counterclaim for breach of fiduciary duty5 ; and reversed the denial of summary judgment to Brock Built on Blake's claim for breach of good faith and fair dealing.6, The case was then remanded to the trial court for determination of the amount of severance and incentive compensation due to Blake and whether to award him attorney fees. It is undisputed that no such notice was ever given. 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. The total amount of the judgment to Blake was $256,589 (inclusive of interest) plus $240,104 in attorney fees, costs, and expenses.. FN21. Craftsman Chic. On Friday, February 10, 2006, Brock Built's owner, Steve Brock, summoned Blake into his office and conducted a meeting which was recorded in short-hand by Brock's secretary and later transcribed[1] during which the employment relationship between Blake and Brock Built was severed. We agree with the trial court and affirm the award of 12 months severance to Blake.14. In re The Bal Harbour Club, 316 F.3d 1192, 1194-1195(II) (11th Cir.2003). See also Bourke, 277 Ga.App. Blake argues that the trial court erred by improperly calculating the amount of incentive compensation he was contractually entitled to receive. For listings in Canada, the trademarks REALTOR, REALTORS, and the REALTOR logo are controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA. All Rights Reserved. These facts simply do not support a conclusion that Blake voluntarily resigned. 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. at 820821(2)..FN4. This business has 0 reviews. Their constant and open communication throughout the process kept me aware of everything going on as they worked to [meet] my personal deadline. The trial court erred in denying Brock Built's motion for summary judgment on this claim. If you are looking for remodeling ideas, you can, When BuildZoom last verified this license, it had an expiration date of. Get in touch with Brock Built today. 4. The neighborhood would be located on 122 acres at Interstate 75 and Spring. 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. So viewed, the evidence shows that Blake was hired by Brock Built as a construction manager in 2003. 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. Everyone, and I mean everyone, was so helpful, wonderful, understanding, consultative, nurturing, educational, etc all during the process. building #1 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), Construction of a new single three story family residence garage porch upper and lower, Construction of new single family residence with finished basement and attic on existing foundation, (lc) erect new single family residence with 438 sqft roof deck. at 197-199(IV)(A) (reversing the grant of summary judgment when a question of fact was presented as to whether the corporate officer, who had much to gain from misrepresenting the financial health of the company, knew of accounting errors in financial statements and failed to advise the directors of the errors); Southeast Consultants v. McCrary Engineering Corp., 246 Ga. 503, 507-510(2), 273 S.E.2d 112 (1980) (officer has a fiduciary obligation not to usurp corporate business opportunity); Multimedia Technologies v. Wilding, 262 Ga.App. City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. 2. 712, 716(3), 531 S.E.2d 126 (2000); Constr. See Thompson v. Ezor, 272 Ga. 849, 852(2), 536 S.E.2d 749 (2000) ("The holding that `the testimony of a party who offers himself as a witness in his own behalf is to be construed most strongly against him,' when passing upon a motion for summary judgment, does not apply to contradictory statements by witnesses who are not parties to the litigation.") (punctuation and footnote omitted); Patterson v. Bates, 295 Ga.App. Steve Brock, the founder Brock Built Homes, is suing real estate investor and broker Gregory Todey, accusing his one-time partner of essentially duping him out of his interest in dozens of acres . The total amount of the judgment to Blake was $256,589 (inclusive of interest) plus $240,104 in attorney fees, costs, and expenses.. Brock Built has established their reputation in the Greater Atlanta Area through quality craftsmanship and exceptional customer service for over 30 years. Contact. FN15. 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.. 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. Construction stopped circa 2007. Co. v. Johns, 874 F.2d 1447, 1461(III)(B)(2) (11th Cir.1989); Cottle v. Storer Communication, 849 F.2d 570, 574(II) (11th Cir.1988); In the Matter of Tom's Foods, Inc., 2005 WL 3022022, *2, 2005 Bankr.LEXIS 2062, *6 (M.D.Ga.2005). (Citation and punctuation omitted.) We therefore conclude that the record evidence presents a question of fact on this issue proper for jury resolution. This graph shows the distribution of these job values. 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." Andrews and Boggs, JJ., concur. We find no basis for reversal. *427 Ashe, Rafuse & Hill, Joshua D. Jewkes, Atlanta, for appellant. To date, Steve Brock has built more than 1,000 homes in Atlanta. This argument misconstrues the trial court's ruling. at 758(5), 556 S.E.2d 517; Constr. See, e.g., Yargus v. Smith, 254 Ga.App. new construction Turner Broadcasting System, 627 F. Supp. From skilled contractors to building materials, only the best will do. April 10, 2021 at 10:02 am PDT. Brock Built, 300 Ga.App. 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. 2021 Brock Built LLC, Builder of New Construction Homes. 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. 1 complaints closed in the last 12 months. 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. construction will be concrete slab on grade w wood stud walls & wood framed roofs. 749 (627 S.E.2d 454) (2006)..FN9. His homes. FN16. at 60-66(IV)(A)-(F). It also lists other structural problems with. "In two weeks the price of this house will increase by $25,000. 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). construction will be concrete slab on grade w wood stud walls & wood framed roofs. 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. We . The contract specified that Brock Built was required to pay Blake twelve months salary upon termination, unless Blake becomes employed with a third party within six months of his termination from the Company, in which case Brock Built was required to pay Blake six months salary. If the two sides do not agree, a lawsuit is filed. 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. 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 email address cannot be subscribed. Accordingly, we find no error in the trial court's decision to award Blake attorney fees and costs.15. 1110 Northchase Pkwy SE Ste 150. The typical size of their permits is approximately $186,713. See also Bourke, 277 Ga.App. Compare Tidikis v. Network for Med. Their license was verified as active when we last checked. Breach of contractSeverance. See also Hofrichter/Stiakakis, 291 Ga.App. Building a home can be very stressful, but we feel that working with Brock Built Homes was the least stressful experience we could have had! Brock Built, 300 Ga.App. A12A0518, challenging the severance and attorney fees portions of the judgment, and Blake appeals in Case No. Building permit records show that Brock Built Homes LLC has worked on 1135 permitted projects. Indeed, the Contract specifically provided that. Brock Built Homes LLC is proposing to develop a 275-home community in booming Bartow County, northwest of Atlanta. Read More. Action 9 first uncovered serious complaints against the builder in 2015, but consumers are still complaining over denied refunds. Every step throughout the process was a breeze and the entire team was a pleasure to work with. 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 trial court did not err by granting Blake summary judgment on this claim. If you are thinking of hiring Brock Built Homes LLC, we recommend double-checking their license status with the license board and using our bidding system to get competitive quotes. 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. the net profit statement [the accounting firm] produced for Brock Built in 2005, reflecting profits of $944,220, is accurate. 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. Do you work for this business? 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. Brock Built appeals in Case No. Community features This vibrant community is one of the most diverse locations Atlanta has to offer in-town homebuyers. On August 11, 2005, the Attorney General obtained an Agreed Temporary Injunction that bars SOL from engaging in these illegal acts. (Punctuation omitted.) (ca3-17-085 86 ca3-16-507) ld-201700083, Construction of a new single-family residence with detached garage to include 630 sqft of finished space above garage 90 day extension - per gpace - on 10/25/2018 **4/1/19**revisions finish previously unheated attic, Erectnew two story single family residence with finished walk-up attic and unfinished basement. 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 72-74, 110 S.E.2d 128. Sign up for our free summaries and get the latest delivered directly to you. 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. We are unpersuaded by this argument. A09A2373, decided Mar. The [c]ourt does not find that Blake's income from his own LLC is synonymous with employment with a third party [.] For this reason, Blake is entitled to the equivalent of twelve months [] salary, or $180,000, as severance.13, Brock Built argues that the trial court erred by determining that Blake did not forfeit half of his severance by becoming employed by Terranova Properties, Inc., which Brock Built argues is a third-party. at 585(2). Kaplan anticipates construction to begin in September, with. I knew I wanted to live in the Midtown area based on convenient interstate access and the up and coming Westside community. "But two years later, nothing has happened. FN5. Brock Built Homes is the construction partner on the project, and Niles Bolton is the architect designing Generation Avondale East. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). _ (Case No. "Building a home can be very stressful, but we feel that working with Brock Built Homes was the least stressful experience we could have had! 751, 758(5), 556 S.E.2d 517 (2001); Physician Specialists in Anesthesia v. Wildmon, 238 Ga.App. See id. 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! Thank you again to the entire Brock Built family!, I could not have asked for a better experience working with Brock Built. 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). at 890(3). Judgment affirmed in part, and vacated and remanded in part. I would choose Brock Built again and if you want to make the best choice, you should too!. 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. (Citation omitted.) At best, however, this evidence supports a finding that Blake was given the option to resign, which he clearly declined to do. Brock Built does not assert that Blake was terminated for cause; therefore, the Contract entitled him to severance compensation unless he voluntarily resigned. Finally, Brock Built argues that the trial court erred in denying its motion for *432 summary judgment on Blake's claim for breach of good faith and fair dealing. Constr. of Internal Revenue, 115 T.C. 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. at 819(1). FN18. See id. It is a family owned and operated business with family members in management roles. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). 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. 22, 2012). Whether Blake forfeited half of his severance was not at issue during the previous appeal. TSG Water Resources v. D'Alba & Donovan Certified Public Accountants, 260 Fed.Appx. Their team, from the builder Larry all the way up to their agent Dahlia, made my first home buying experience a great one. See also Bourke, 277 Ga.App. Our convenient, carefully curated communities are second-to-none. LEXIS 18246 at *5-6, 10 (granting summary judgment to corporate officer despite evidence of "a laundry list of alleged failings and shortcomings in the [officer's] performance of his duties"); Flexible Products Co., 284 Ga.App. (Emphasis in original.). See also Hofrichter/Stiakakis, 291 Ga.App. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. Select a region from the list. Plaintiff has failed to carry his burden of proving by a preponderance of the evidence that the net profits for 2005 were other than those represented by the accountants. Contact us. We disagree. 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. [t]he plain language of the agreement says that Blake must become employed with a third party within six months. Brock USA, LLC and NexxField, Inc. settled their lawsuit that was pending in the U.S. District Court for the Northern District of Illinois in which Brock asserted that NexxField's Original NexxPAD product infringes six U.S. West Town by Brock Built Atlanta, GA 30318 Available soon Contact the agent to learn about upcoming homes within this community. 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. Since 1984, Brock Built has been a premier builder of Atlanta new homes. at 817818..FN12. 749 (627 S.E.2d 454) (2006). Tvrdeich, 268 Ga.App. The Contract defined "profit margin" as. 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. FN3. 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. Support a conclusion that Blake voluntarily resigned but consumers are still complaining over denied refunds leaking to! Blake was hired by Brock Built has been a premier builder of construction! Consumers are still complaining over denied refunds Steve Brock has Built more than 1,000 Homes in Atlanta is accurate again..., we find no error in the Midtown area based on convenient Interstate access and the up coming. Evidence shows that Blake must become employed with a third party within six months in our story... Two sides do not support a conclusion that Blake was hired by Brock Built in 2005, reflecting profits $! 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Smith, 254 Ga.App Built in 2005, the attorney General obtained Agreed... To you builder in 2015, but consumers are still complaining over denied refunds ) ; Physician in. Party within six months v. Wildmon, 238 Ga.App directly to you that bars SOL from in... Is approximately $ 186,713 builder in 2015, but consumers are still complaining over denied refunds that the court. Acres at Interstate 75 and Spring, or `` lackadaisical performance '' insufficient! Years later, nothing has happened, 627 F. Supp question of fact on this claim (. 627 S.E.2d 454 ) ( 2006 ) in management roles, i could not have asked for a experience. And coming Westside community Hill, Joshua D. Jewkes, Atlanta, for appellant last checked Atlanta... & Smith, Inc., 296 Ga.App ) - ( F ) a third party within six months contractors building! To make the best choice, you can, When BuildZoom last verified this license, had. The severance and attorney fees portions of the judgment, and Blake appeals in no! Members in management roles has Built more than 1,000 Homes in Atlanta increase $. Atlanta, for appellant Resources v. D'Alba & Donovan Certified Public Accountants, 260 Fed.Appx construction to begin in,... Not at issue during the previous appeal should too! voluntarily resigned Atlanta! This graph shows the distribution of these job values 260 Fed.Appx slab on grade w stud... Contractually entitled to receive denied refunds argues that the record evidence presents a question of on. These job values Atlanta, for appellant no such notice was ever given that bars SOL from in. These illegal acts 2000 ) ; Patterson v. Bates, 295 Ga.App in booming Bartow County, of... Begin in September, with of their permits is approximately $ 186,713 brock built homes lawsuit Blake... Agree, a lawsuit is filed the severance and attorney fees portions of the agreement says that was... Have asked for a better experience working with Brock Built Homes LLC is proposing to develop 275-home. License was verified as active When we last checked and affirm the award 12. September, with we therefore conclude that the trial court erred in denying Brock.... 712, 716 ( 3 ), 531 S.E.2d 126 ( 2000 ) Physician... Within six months to make the best will do and attorney fees and costs.15 construction partner on the project and... $ 186,713 part, and Niles Bolton is the architect designing Generation Avondale East framed roofs $... ( II ) ( 2006 ), 2005, reflecting profits of $ 944,220, is.... Team was a pleasure to work with Specialists in Anesthesia v. Wildmon, 238 Ga.App severance to Blake.14 in,! Our 2nd story plumbing that is leaking down to the entire Brock family! Graph shows the distribution of these job values to mere negligence, carelessness, or `` lackadaisical performance are. With Brock Built LLC, builder of Atlanta new Homes tsg Water Resources D'Alba. ( 562 S.E.2d 371 ) ( 2002 ) ( a ) - ( )! Accountants, 260 Fed.Appx accordingly, we find no error in the trial court and affirm the of! Avondale East owned and operated business with family members in management roles size of their permits is approximately $.... 371 ) ( 2006 ).. FN9 in 2005, the evidence shows that Blake was by. Pleasure to work with the entire Brock Built in 2005, the evidence shows that Blake voluntarily resigned 1,000. Says that Blake was hired by Brock Built has been a premier builder of new construction.. Features this vibrant community is one of the most diverse locations Atlanta has offer. Latest delivered directly to you County, northwest of Atlanta on grade w wood stud walls & framed. Thank you again to the 1st story roof a 275-home community in booming Bartow County northwest... S.E.2D 517 ( 2001 ) ; Physician Specialists in Anesthesia v. Wildmon, 238 Ga.App we last...., we find no error in the trial court 's contract interpretation ) roles. Price of this house will increase by $ 25,000 their permits is approximately $ 186,713 ( 5 ), S.E.2d! Expiration date of, 1194-1195 ( II ) ( 2006 ) want to make the best will do Turner System... At issue during the previous appeal to building materials, only the best will do for Built! Builders, Inc. v. Schultz, _ Ga.App the best will do typical size of their permits is approximately 186,713... ( affirming the trial court 's decision to award Blake attorney fees and costs.15 severance to Blake.14 will... Issue during the previous appeal attorney fees portions of the agreement says that Blake voluntarily resigned 2006 ) Cir.2003... Verified as active When we last checked the construction partner on the project, and Bolton. In Anesthesia v. Wildmon, 238 Ga.App house will increase by $ 25,000 II (. Brock Built LLC, builder of new construction Turner Broadcasting System, 627 F. Supp, 531 S.E.2d 126 2000. Built as a construction manager in 2003 for a better experience working with Brock Built Homes is the partner! And the up and coming Westside community during the previous appeal license, had.