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.. 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 trial court concluded in the final order that Brock Built's accountant testified that. 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. (Punctuation omitted.) 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]"). 230, 233(3), 430 S.E.2d 385 (1993). Brock Built appeals in Case No. 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. This is a growing and well positioned company. Brock builds a great product and has . The total amount of the judgment to Blake was $256,589 (inclusive of interest) plus $240,104 in attorney fees, costs, and expenses.. 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. Williamson v. Strickland & Smith, Inc., 296 Ga.App. But, even assuming that Brock Built's consolidated financial report and the 2005 tax return constitute inconsistent statements, we are not authorized on summary judgment to construe them against Brock Built in light of the sworn declaration from the nonparty accountant who prepared both documents. Select details like cabinetry and lighting through our design center. See Service-Master Co., 252 Ga.App. According to the complaint, Pulte failed to . Blake subsequently was promoted first to vice president and then, in October 2005, to president of the company. at 820821(2)..FN4. Tvrdeich, 268 Ga.App. See, e.g., Yargus v. Smith, 254 Ga.App. 730, 732(1)(a), 521 S.E.2d 358 (1999). You already receive all suggested Justia Opinion Summary Newsletters. 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. I hate that its come to this but I think its in the best interest of the company and my personal interest." See id. This business has 0 reviews. 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. at 751(1). 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). FN14. All rights reserved. to update company info and see who's viewing your profile. Brock Built, 300 Ga.App. McReynolds v. Krebs, 307 Ga.App. 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. 4. Brock responded simply, "I am not going to go into it. 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. FN9. The trial court awarded Blake $207,279 in attorney fees and $32,825 in expenses..FN7. 3. A12A0518, challenging the severance and attorney fees portions of the judgment, and Blake appeals in Case No. First AG lawsuit of its kind in US. Dahlia was always prompt in answering and addressing all of our questions and made us feel very confident in our first home purchase. From the variety of our award-winning floor plans to our energy efficient features, you will . When reviewing the parties' enumerations, we are mindful that, [o]n appellate review of a bench trial, the factual findings shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses. 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. West Town by Brock Built Atlanta, GA 30318 Available soon Contact the agent to learn about upcoming homes within this community. City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. The lawsuit says mold developed on basement walls, within the heating and air-conditioning system and in subfloor and carpeting throughout the house. 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. 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." 749 (627 S.E.2d 454) (2006). CA adams crossing i-1 model, 2873 barnett ct building 5 lot 15 construction of a new 2 story town home building w attached garage rear concrete patio front porch *** ld 201900010 1464 northwest dr aka 2873 barnett ct building 5 lot 13, 2873 barnett ct building 5 lot 13 construction of a new 2 story town home building w attached garage rear concrete patio front porch *** ld 201900010 1464 northwest dr aka 2873 barnett ct building 5 lot 13, 2873 barnett ct building 5 lot 14 construction of a new 2 story town home building w attached garage rear concrete patio front porch *** ld 201900010 1464 northwest dr aka 2873 barnett ct building 5 lot 13, West highland townhomes -bldg 5-lot 681-construct new 2 story townhome. 141, 143-144, 671 S.E.2d 195 (2008). When Brock vaguely referenced that he had "cause" to terminate Blake, Blake inquired as to "what kind of things [he] did." Andrews and Boggs, JJ., concur. 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. Brock Built Homes is the construction partner on the project, and Niles Bolton is the architect designing Generation Avondale East. While building hundreds of new homes, Brock Built always made us feel like our home was the most important one they were working on. Munger & Stone, Thomas J. Munger, Benjamin A. 1846 Brooks Dr Nw, Atlanta, GA, 30318. 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. 22, 2012)..FN15. 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. the net profit statement [the accounting firm] produced for Brock Built in 2005, reflecting profits of $944,220, is accurate. See also Hofrichter/Stiakakis, 291 Ga.App. 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. 2021 Brock Built LLC, Builder of New Construction Homes. You can explore additional available newsletters here. at 817818. 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. KING COUNTY, Wash. A new class-action lawsuit in the works accuses home developer LGI Homes of shoddy construction and violating the Consumer . Breach of Good Faith and Fair Dealing. 405, 409(2), 491 S.E.2d 853 (1997); Rhine v. Sanders, 100 Ga.App. Please try again. 619, 620(1) (627 S.E.2d 207) (2006). 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. Breach of contractSeverance. This argument misconstrues the trial court's ruling. Analyzing permits over the last 4 years shows that Brock Built Homes LLC mostly works on 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. Second, the transcript memorializing the February 10 meeting between Brock and Blake demonstrates no such resignation. Every step throughout the process was a breeze and the entire team was a pleasure to work with. The fact that the amount awarded was less than what he sought does not mean that he was not substantially successful in this litigation. 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 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. TSG Water Resources v. D'Alba & Donovan Certified Public Accountants, 260 Fed.Appx. _ (Case No. 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! 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. Greenspace. *427 Ashe, Rafuse & Hill, Joshua D. Jewkes, Atlanta, for appellant. at 751(1)..FN20. 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. Please switch to a supported browser or download one of our Mobile Apps. 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. 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. 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. 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. In re The Bal Harbour Club, 316 F.3d 1192, 1194-1195(II) (11th Cir.2003). etc., Research, 274 Ga.App. 686 S.E.2d 425 (2009) BROCK BUILT, LLC v. BLAKE. 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