Brock Built, on the other hand, maintained that Blake was not entitled to severance compensation because he voluntarily resigned from his employment and contended that he had been fully compensated based upon its calculated 2005 profits. Property data maintained by MARKETWAKE, LLC, Pros and Cons of Living in the Florida Panhandle, 5 Airports Near the Florida Panhandle that Make Traveling a Breeze, Best Places to Live in the Florida Panhandle. It would include about 42,000 square feet of retail, offices, and restaurants, 37 single-family homes, and 144 townhomes, with internal greenspaces and ponds claiming the rest. The attorneys say they "anticipate that thousands of homes across Louisiana and the South" built by D.R. 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 . FN20. The total amount of the judgment to Blake was $256,589 (inclusive of interest) plus $240,104 in attorney fees, costs, and expenses.. Driskell conceded, however, that he did not reach an independent determination of the company's net income for 2005 based on Brock Built's financial information. at 823825(4). 749 (627 S.E.2d 454) (2006)..FN9. The Ryland Group, Inc. was a company engaged in home construction based in Westlake Village, California. at 60-66(IV)(A)-(F). Courtesy of Brock Built Homes. Sign up for our free summaries and get the latest delivered directly to you. *427 Ashe, Rafuse & Hill, Joshua D. Jewkes, Atlanta, for appellant. Stone, Atlanta, for appellee. (Citation and punctuation omitted.) at 181(2)(b)(ii), 643 S.E.2d 560 (2007) ("Georgia's business judgment rule relieves officers and directors from liability for ordinary negligence in discharging their duties. at 819(1). He further testified that the customary fee in this area in cases such as this one is usually 40 percent. 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. 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! (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. Breach of contractSeverance. A proposed class action lawsuit filed by members of an Indian Land, South Carolina residential community claims that Pulte Home Company, LLC was negligent in handling the construction of thousands of homes that were built with defective foundations on poorly constructed soils and ill-designed grading. You already receive all suggested Justia Opinion Summary Newsletters. If the two sides do not agree, a lawsuit is filed. 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.. Headquarters. 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. The . 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. Craftsman Chic. His homes. Blake is entitled to a bonus (as share of the 2005 net profits) of $19,809.20.19, Blake argues that the trial court erred by disregarding the sworn statement by Brock Built (made to both the federal taxing authority and to banks) that its net income per books' for 2005 was over $3.1 million. This argument is belied by the trial court's order, which clearly addresses the discrepancy between the company's financial statement and its tax return. 330, 334(2) (705 S.E.2d 214) (2010). building 3 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1921 bay line lane nw. And, contrary to Brock Built's assertion, Blake's statement that he "was leaving" is not synonymous with a statement that he voluntarily resigned, nor does it create a question of fact on that issue in light of the other direct evidence to the contrary. See id. 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. See also Millsap v. American Family Corp., 208 Ga.App. 1. FN11. 141, 143-144, 671 S.E.2d 195 (2008). See also Bourke, 277 Ga.App. Brock Built next argues that the trial court erred in granting Blake summary judgment on its counterclaim for breach of fiduciary duty. This appeal followed the trial court's grant of summary judgment to Blake on its contract claims and Brock Built's counterclaims and denial of summary judgment to Brock Built on Blake's claims. The typical size of their permits is approximately $186,713. Used under license. at 818819(1). (Punctuation omitted.) 816 (686 S.E.2d 425) (2009). FN21. 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. 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. 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. Both the consolidated financial report and Brock Built's 2005 tax returns were prepared by the same outside certified public accountant. It is undisputed that no such notice was ever given. Brock builds a great product and has . McReynolds v. Krebs, 307 Ga.App. Get in touch with Brock Built today. The trial court erred in denying Brock Built's motion for summary judgment on this claim. LEXIS at *9(II). FN7. Honest service and great value are among our top priorities. See id. 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. 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. Blake subsequently was promoted first to vice president and then, in October 2005, to president of the company. 749 (627 S.E.2d 454) (2006). On 3/29/22 we are experiencing another plumbing leak in our 2nd story plumbing that is leaking down to the 1st story roof. 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. See, e.g., Yargus v. Smith, 254 Ga.App. McReynolds v. Krebs, 307 Ga.App. Brock Built, LLC, sued Brock Built alleging that Brock Built breached his employment contract by terminating him and failing to pay the severance . We agree and reverse. This is a growing and well positioned company. See id. Brock Built does not assert that Blake was terminated for cause; therefore, the Contract entitled him to severance compensation unless he voluntarily resigned. 901, 909-910 (N.D.Ga.1985) (that corporate officers or directors may stand to gain personally from their actions does not obviate the application of the business judgment rule). Court of Appeals of Georgia. LEXIS 18246, *9-10(II) (N.D.Ga.1997). 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. Unlock this free profile Please switch to a supported browser or download one of our Mobile Apps. If I ever have an issue or question, they are always available to help in a kind and timely manner.. 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. Quality craftsman style homes you expect from decades of experience building in Atlantas best neighborhoods. Since 1984, Brock Built has been a premier builder of Atlanta new homes. 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. "); Stanziale v. Nachtomi, 330 B.R. 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. 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. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. Brock Built filed a counterclaim alleging that it was Blake who breached both the contract and his fiduciary duties to Brock Built by engaging in certain conduct during his employment. Our free bidding system will get you quotes from Brock Built Homes LLC and 2 other top contractors. We disagree with Blake. 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. FN19. 356, 357, 677 S.E.2d 321 (2009). Customer Complaints Summary Business's Response Rate: 75% 4 total complaints in the last 3 years. 686 S.E.2d 425 (2009) BROCK BUILT, LLC v. BLAKE. 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. Deadlines were met on the day we were told and most importantly, we actually closed on time, on the exact day expected! We . FN14. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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. Testified that the trial court erred in granting Blake Summary judgment on this claim ( ). 4 total Complaints in the last 3 years building in Atlantas best.... ( 2008 ), quoting home Depot U.S.A. v. Tvrdeich, 268 Ga.App as one. 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