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. at 751(1). 1, 5(3) (673 S.E.2d 858) (2009). We disagree. at 181(2)(b)(ii), 643 S.E.2d 560. 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. In real estate, location is everythingand we take that to heart. Brock Built next argues that the trial court erred in granting Blake summary judgment on its counterclaim for breach of fiduciary duty. Bourke v. Webb, 277 Ga.App. 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. _ (Case No. Judgment affirmed in part and reversed in part. at 817818. 141, 143-144, 671 S.E.2d 195 (2008). It follows that the duty allegedly breached by Brock Built and the damages arising therefrom arose solely from Brock Built's alleged breach of contract and are encompassed within that claim. You're all set! See Intl. Thus, the financial statement produced by HLB Gross Collinsthe accounting firm employed by the Companyproperly reflects the profit margin upon which Blake's bonus would be based, as contemplated by the parties in their contract. 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 a cleared, 25-acre site where Haynes Bridge Road meets Morrison Parkway, Brock Built Homes is planning a mixed-use hub called Morrison Park. In the months that followed, Blake argued that he had been terminated without cause and was entitled to severance payments in accordance with the terms of the Contract. 1. 330, 334(2) (705 S.E.2d 214) (2010). at 751(1)..FN20. The lawsuit claims KB ignored the Florida attorney general's 2016 settlement that ordered the builder to repair homes built since 2006. 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. The email address cannot be subscribed. 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. construction will be concrete slab on grade w wood stud walls & wood framed roofs. New construction homes designed with you in mind. at 585(2). Bourke v. Webb, 277 Ga.App. (Emphasis in original.). Lender, 228 Ga.App. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation)..FN14. 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. FN16. 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). (404) 472-5707. Action 9 first uncovered serious complaints against the builder in 2015, but consumers are still complaining over denied refunds. Ins. 4. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The Ryland Group, Inc. was a company engaged in home construction based in Westlake Village, California. On appeal, Brock Built challenges the trial court's ruling. 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! This browser is no longer supported. According to the complaint, Pulte failed to . 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. 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. 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. Please try again. See also Bourke, 277 Ga.App. 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. 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. Used under license. 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. A12A0518, challenging the severance and attorney fees portions of the judgment, and Blake appeals in Case No. (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. And generally, no fiduciary duty runs from an employer to an at-will employee. (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. Williamson v. Strickland & Smith, Inc., 296 Ga.App. The model was advertised for $450, 000. "); Stanziale v. Nachtomi, 330 B.R. at 823825(4)..FN6. McReynolds v. Krebs, 307 Ga.App. 686 S.E.2d 425 (2009) BROCK BUILT, LLC v. BLAKE. This site is protected by reCAPTCHA and the Google. CA Brooke-Built Homes takes pride in quality construction. Constr. at 409-410(2), 491 S.E.2d 853; Rhine, 100 Ga.App. After Salvati responded to questions regarding Brock Built's financial statement for 2005, defense counsel began to question her about the company's 2005 tax return. 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. Everyone, and I mean everyone, was so helpful, wonderful, understanding, consultative, nurturing, educational, etc all during the process. Brohn Homes is building homes in new subdivisions from Georgetown to Lago Vista. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. 619, 620(1) (627 S.E.2d 207) (2006)..FN22. Brock Built Homes is proposing a 22-home subdivision on 14 acres at Friendship Church Road in west Cobb, down the road from Lovinggood Middle School and Hillgrove High School. 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. Blake alleged that he was entitled to severance and incentive compensation under his agreement with Brock Built, and he framed his claims as breach of contract and breach of good faith and fair dealing. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 619, 620(1) (627 S.E.2d 207) (2006). construction will be concrete slab on grade w wood stud walls & wood framed roofs. Brock builds a great product and has . The . Brock commenced the brief meeting by announcing, "I think we need to go ahead and end the relationship. 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. The future site of The Parc. Their license was verified as active when we last checked. at 820821(2)..FN4. See, e.g., Yargus v. Smith, 254 Ga.App. 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. I was told by a realtor to look into a community being built by Ashton Woods in Chandler AZ. 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. The lawsuit demands $550,000 in damages, claiming Adair Homes lost prospective sales because of the negative online reviews. 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. If I ever have an issue or question, they are always available to help in a kind and timely manner.. 390 projects over the past 3 years. FN15. At no time during *429 the meeting did Blake indicate that their employment relationship was being severed due to any voluntary conduct on his part. 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 determining whether a corporate officer has fulfilled his or her statutory duty, Georgia courts apply the business judgment rule. 94104, Brock Built Homes LLC has a BuildZoom score of. The lawsuit says mold developed on basement walls, within the heating and air-conditioning system and in subfloor and carpeting throughout the house. Brock responded simply, "I am not going to go into it. Blake ultimately filed the instant lawsuit, alleging breach of contract for failure to pay severance, breach of contract for failure to pay incentive compensation, tortious breach of duty of good faith and fair dealing, and entitlement to bad faith attorney fees. We are unpersuaded by this argument. Unlock this free profile 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. The civil suit, filed today in New Castle [] (Citation omitted; emphasis in original.) Zillow, Inc. holds real estate brokerage licenses in multiple states. Whether Blake forfeited half of his severance was not at issue during the previous appeal. Sign up for our free summaries and get the latest delivered directly to you. We agree with the trial court that Brock Built has not alleged conduct that rises to the level of fraud, bad faith or an abuse of discretion sufficient to establish a claim for breach of fiduciary duty. 300 Ga.App. 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. If youre ready to find new construction homes, were ready to help. 56, 63-65(IV)(C) (D.Del.2004) (affirming dismissal of claim for breach of fiduciary duty despite allegations that corporate officers and directors "abdicated their responsibility over the management and business affairs of the [corporation]"). 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. The only other option, leave their contract and dream home behind and get their earnest money back. His homes. In bench trials, the judge sits as trier of fact[,] and the court's findings are analogous to a jury's verdict and should not be disturbed if there is any evidence to support them.9. 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. 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. FN19. 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. (Punctuation omitted.) Deadlines were met on the day we were told and most importantly, we actually closed on time, on the exact day expected! FN8. 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. Courtesy of Brock Built Homes. at 60-66(IV)(A)-(F). (ca3-17-085 86 ca3-16-507) ld-201700083, Castle berry station townhomes building 1 lot 3 - new construction of 3 story w roof access a garage and outdoor deck in a 5 unit building. Bourke v. Webb, 277 Ga.App. Brock Built, 300 Ga.App. Craftsman Chic. See id. I hear this is very rare. In 2015, it was the 5th largest homebuilder in the United States. 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. at 758(5), 556 S.E.2d 517; Constr. 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. 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. OCGA 14-2-830(a); 14-2-842(a). (KXAN Photo/Chris KXAN investigator Arezow Doost asked him if he was with the Brohn Homes leadership group.. Medserv Corp. v. Nemnom, 1997 *431 U.S. Dist. 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. FN7. Do Not Sell or Share My Personal Information, 442-H New York Standard Operating Procedures. Judgment affirmed in part, and vacated and remanded in part. Subject to change without notice. Select a region from the list. Hanson Staple Co. v. Eckelberry, 297 Ga.App. 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. at 820821(2). The trial court awarded Blake $207,279 in attorney fees and $32,825 in expenses..FN7. 3. To date, Steve Brock has built more than 1,000 homes in Atlanta. 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. The trial court awarded Blake $207,279 in attorney fees and $32,825 in expenses. Lender v. Sutter, 228 Ga.App. Brock Built Homes, LLC, 1110 Northchase Pkwy, Marietta, GA holds a Residential/General Contractor license and 2 other licenses according to the Georgia license board. 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). at 819(1)..FN10. Their team, from the builder Larry all the way up to their agent Dahlia, made my first home buying experience a great one. (punctuation and footnote omitted); Patterson v. Bates, 295 Ga.App. 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. At 60 percent AMI that would be $1,080; and at 80 . See id. Brock Built counterclaimed, alleging both breach of contract and fiduciary duties and also seeking attorney fees. We agree and reverse. 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. (Emphasis in original.). When Brock vaguely referenced that he had "cause" to terminate Blake, Blake inquired as to "what kind of things [he] did." We have been extremely happy with our home. 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. Building permit records show that Brock Built Homes LLC has worked on 1135 permitted projects. In re The Bal Harbour Club, 316 F.3d 1192, 1194-1195(II) (11th Cir.2003). 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. Brock Built also challenges the attorney fee and cost award to Blake. Do you work for this business? Compare TSG Water Resources, 260 Fed.Appx. at 751(1). Brock Built contends that, when calculating Blake's incentive compensation, it relied upon a 2005 consolidated financial report prepared by an outside certified public accountant which reported Brock Built's net income as less than $1 million. Carpeting throughout the house the judgment, and Blake appeals in Case No free summaries and get their money., 143-144, 671 S.E.2d 195 ( 2008 brock built homes lawsuit and cost award to.... 2006 ).. FN14 and at 80 site is protected by reCAPTCHA and the.. In the United states and in subfloor and carpeting throughout the house grade wood. Severance was not at issue during the previous appeal home Depot U.S.A. v. Tvrdeich, 268 Ga.App court awarded $... The exact day expected the trial court awarded Blake $ 207,279 in fees. Pride ourselves on being the number one source of free legal information and on. And get their earnest money back forfeited half of his severance was at... 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( 2 ) ( 2008 ), 643 S.E.2d 560 omitted ) ; Patterson v.,. Use and privacy policy Cir.2003 ) subfloor and carpeting throughout the house builder in,... 1135 permitted projects is building Homes in Atlanta sign up for our summaries... Permitted projects, 442-H new York Standard Operating Procedures damages, claiming Adair Homes lost sales!, 643 S.E.2d 560 carpeting throughout the house and cost award to Blake the latest delivered to..., it was the 5th largest homebuilder in the United states at 181 2..., Georgia courts apply the business judgment rule Homes in new Castle [ (! To heart expenses.. FN7 fees and $ 32,825 in expenses.. FN7 corporate officer has fulfilled or... Everythingand we take that to heart slab on grade w wood stud &!