Andrews and Boggs, JJ., concur. We disagree. See FPL Group v. Commr. The bench trial in this case commenced on December 1, 2010. 1, 5(3) (673 S.E.2d 858) (2009). projects. At best, however, this evidence supports a finding that Blake was given the option to resign, which he clearly declined to do. Tvrdeich, 268 Ga.App. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Their BuildZoom score of 107 ranks in the top 6% of 84,062 Georgia licensed contractors. November 6, 2009. FN15. See also Matter of Munford, Inc., 98 F.3d at 610-611(B); Flexible Products Co., 284 Ga.App. 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. Judgment affirmed in part, and vacated and remanded in part. The trial court did not err by granting Blake summary judgment on this claim. _ (Case No. Tuscany is a new community north of Atlantic Avenue, just east of . See Medserv Corp., 1997 U.S. Dist. Flexible Floorplans. Compare TSG Water Resources, 260 Fed.Appx. 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. Contact Information 1110 Northchase Pkwy SE Ste. at 821823(3). San Francisco, FN9. Blake's counsel requested 40 percent of the total damages awarded, explaining that because the trial court granted Brock Built summary judgment on Blake's tort claim for breach of the duty of good faith and fair dealing, he could recover only those costs incurred in pursuing his breach of contract claims. Bourke v. Webb, 277 Ga.App. (Punctuation omitted.) At 60 percent AMI that would be $1,080; and at 80 . We . 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. Not only was it my first home, it was my first new home, and Brock Builts building and design process helped keep my mind at ease that all the bases were being covered. Headquarters. Contact us. 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. where current residents and new homeowners can feel at home. Brock Built, 300 Ga.App. TSG Water Resources v. D'Alba & Donovan Certified Public Accountants, 260 Fed.Appx. Please switch to a supported browser or download one of our Mobile Apps. OCGA 14-2-830(a); 14-2-842(a). See ServiceMaster Co., 252 Ga.App. I toured the model homes and fell in love with everything from the floor plan to the beautiful details throughout the home. 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. "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! 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. to update company info and see who's viewing your profile. An aerial view of the proposed Echo Street Project (Special: Brock Built Homes) The market rate would be $1,800 a month rent for a two-bedroom. at 758(5), 556 S.E.2d 517; Constr. 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. We cannot say with certainty that Blake was entitled to summary judgment as a matter of law on this breach of contract claim. Breach of Contract Failure to Pay Incentive Compensation. at 818819(1). etc., Research, 274 Ga.App. Tvrdeich, 268 Ga.App. 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. From the variety of our award-winning floor plans to our energy efficient features, you will . 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. Zillow, Inc. holds real estate brokerage licenses in multiple states. See also Millsap v. American Family Corp., 208 Ga.App. 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. On August 11, 2005, the Attorney General obtained an Agreed Temporary Injunction that bars SOL from engaging in these illegal acts. (Punctuation omitted.) Blake further alleged that Brock Built tortiously breached its duty of good faith and fair dealing in determining its annual net profit for the purposes of calculating Blake's incentive compensation. We are continuously working to improve the accessibility of our web experience for everyone, and we welcome feedback and accommodation requests. Bourke v. Webb, 277 Ga.App. Our free bidding system will get you quotes from Brock Built Homes LLC and 2 other top contractors. Courtesy of Brock Built Homes. Learn why life is better when its Brock Built. 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. FN17. 330, 334(2) (705 S.E.2d 214) (2010)..FN21. If youre ready to find new construction homes, were ready to help. [Blake] failed to produce persuasive evidence to the contrary. 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. It's genuine performance. See id. 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. Our building permit records indicate that Brock Built Homes LLC has worked on at least The families bought homes built by Trinity Homes, LLC ("Trinity") in Indiana between June 1, 1998, and October 31, 2002. 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. Vlad Zamfir, an ethereum developer who is working on an alternative blockchain called casper, is suing CasperLabs, a blockchain research and development company with ties to former U.S . Lender, 228 Ga.App. (Emphasis in original.). Marietta, GA 30067-6410. See Turner Broadcasting System v. CBS, 627 F. Supp. at 823825(4). See id. His homes. The parties dispute whether Blake was terminated or voluntarily resigned during the meeting. A12A0518, challenging the severance and attorney fees portions of the judgment, and Blake appeals in Case No. 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. You can explore additional available newsletters here. (Punctuation omitted.) 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. All information contained herein is deemed accurate and reliable. Brooke-Built Homes takes pride in quality construction. The employment contract between Brock Built and Blake entitled Blake to severance compensation if Brock Built terminated the employment relationship, unless it was terminated for cause. 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. Brock Built has established their reputation in the Greater Atlanta Area through quality craftsmanship and exceptional customer service for over 30 years. This site is protected by reCAPTCHA and the Google. 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. Breach of Contract Failure to Pay Severance. In addition, the party seeking fees must also introduce evidence of hours, rates, or some other indication of the value of the professional services actually rendered.16, At trial, Blake's attorney testified that he charged Blake a 40 percent contingency fee, and he submitted his bills. Accordingly, we find no error in the trial court's decision to award Blake attorney fees and costs.15. 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. See Intl. See also Bourke, 277 Ga.App. 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. See, e.g., Yargus v. Smith, 254 Ga.App. 749 (627 S.E.2d 454) (2006)..FN9. Brock Built, LLC, sued Brock Built alleging that Brock Built breached his employment contract by terminating him and failing to pay the severance . 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. Stay up-to-date with how the law affects your life. This browser is no longer supported. (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. 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. McReynolds v. Krebs, 307 Ga.App. FN19. FN1. McReynolds v. Krebs, 307 Ga.App. 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 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. 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. *427 Ashe, Rafuse & Hill, Joshua D. Jewkes, Atlanta, for . See Cochran v. Murrah, 235 Ga. 304, 307, 219 S.E.2d 421 (1975); ServiceMaster Co. v. Martin, 252 Ga.App. The trial was continued to May 31, 2011, when Salvati testified. construction will be concrete slab on grade w wood stud walls & wood framed roofs. 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." In Southern California, nine cities from Del Mar to Sylmar have received 26 builder's remedy applications in the past eight months, seeking to build 8,642 new homes. But even construing the record in the light most favorable to Brock Built, the evidence does not support a finding of voluntary resignation. I am very happy with my choice of a Brock Built home in West Highlands. " Quality is more than a promise. Hanson Staple Co. v. Eckelberry, 297 Ga.App. (ca3-17-085 86 ca3-16-507) ld-201700083 ca3-17-085 086 ca3-16-507, Castle berry station townhomes building 1 lot 4 - new construction of 3 story w roof access a garage and outdoor deck in a 5 unit building. 554, 558, n. 4, 2000 WL 1839390 (2000). at 818819(1)..FN3. Minutes to Historic Marietta Square. Court of Appeals of Georgia. See also United States v. Norwest Corp., 116 F.3d 1227, 1229(I)(A) (8th Cir.1997) ("The [ ] adjustments between a corporation's book income and the taxable income it reports on *430 the return are reflected by the IRS's Schedule M."); Long Term Capital Holdings v. United States, 330 F. Supp. I was told by a realtor to look into a community being built by Ashton Woods in Chandler AZ. We most appreciate the punctuality of the entire process. at 819(1)..FN10. 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. See also Hofrichter/Stiakakis, 291 Ga.App. Wynn v. Arias, 242 Ga.App. 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. 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. at 72-74, 110 S.E.2d 128. 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. 390 projects over the past 3 years. Innovative. 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. A09A2373, decided Mar. (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. 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. 191, 197(IV)(A) (11th Cir.2007). Brock Built also challenges the attorney fee and cost award to Blake. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. FN19. FN8. 2019-01-18. Our communities are built exactly where you want to live: in vibrant, thriving areas youll love to call home. While building hundreds of new homes, Brock Built always made us feel like our home was the most important one they were working on. 1110 Northchase Pkwy SE Ste 150, Marietta, Georgia . FN11. Compare Prophecy Corp. v. Charles Rossignol, Inc., 256 Ga. 27, 28-30(1), 343 S.E.2d 680 (1986) (a party's self-contradictory testimony is subject to an unfavorable construction on summary judgment). Original review: March 30, 2022. Hopeful homebuyers signed contracts expecting to have a home built within the next year. See Magill v. Edd Kirby Chevrolet, Inc., 277 Ga.App. See Magill v. Edd Kirby Chevrolet, Inc., 277 Ga.App. at 890(3). The Ryland Group, Inc. was a company engaged in home construction based in Westlake Village, California. FN14. Following a bench trial, the trial court entered judgment in favor of Blake as follows: severance pay in the amount of $180,000 (representing 12 months salary); incentive compensation/percentage of net profits in the amount of $19,809.20; attorney fees and costs in the amount of $240,1047 ; and interest in the amount of $66,780.8. at 751(1)..FN20. at 409(2), 491 S.E.2d 853. Whether Blake forfeited half of his severance was not at issue during the previous appeal. Constr. Since breaking ground in summer 2019, that project attracted headlines as Donald Lee Hollowell Parkway's first significant . 2. Brock builds a great product and has . These facts simply do not support a conclusion that Blake voluntarily resigned. Lender v. Sutter, 228 Ga.App. If you are looking for remodeling ideas, you can, When BuildZoom last verified this license, it had an expiration date of. Various floor plans including 2-4 bedroom townhomes, 2 car garages, basements. K. kk5 of US. 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