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. I was told by a realtor to look into a community being built by Ashton Woods in Chandler AZ. 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. (Punctuation omitted.) 300 Ga.App. 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. If you wish to report an issue or seek an accommodation, please let us know. Get free summaries of new Court of Appeals of Georgia opinions delivered to your inbox! 4. at 821823(3)..FN5. 816 (686 S.E.2d 425) (2009). 579, 584(2) (602 S.E.2d 297) (2004). Construction stopped circa 2007. [2] In October 2015, the company merged with Standard Pacific Homes to form CalAtlantic Homes . Lender, 228 Ga.App. FN7. See id. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation)..FN14. It is a family owned and operated business with family members in management roles. 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). 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. Dahlia was always prompt in answering and addressing all of our questions and made us feel very confident in our first home purchase. (Citation omitted.) A09A2373, decided Mar. 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. See Service-Master Co., 252 Ga.App. 2d 122, 211(II)(D)(4)(c) (D.Conn.2004) ("the M-1 schedule is designed to notify the IRS of differences in book income/loss and tax income/loss"). And generally, no fiduciary duty runs from an employer to an at-will employee. Indeed, the Contract specifically provided that. 300 Ga.App. Minutes to Historic Marietta Square. See also Hofrichter/Stiakakis, 291 Ga.App. at 751(1). (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. 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. Patents on Brock's PowerBase and PowerBase YSR products (Case No. 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 Georgia, an attorney cannot recover for professional services without proof of the value of those services. 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 disagree with Blake. 1110 Northchase Pkwy SE Ste 150, Marietta, Georgia . FN21. 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. at 819(1). 230, 233(3), 430 S.E.2d 385 (1993). 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. Brock Built, LLC, sued Brock Built alleging that Brock Built breached his employment contract by terminating him and failing to pay the severance . 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. San Francisco, 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. FN1. 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. 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. " Quality is more than a promise. 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. 1, 5(3) (673 S.E.2d 858) (2009). New Ten29 West Townhomes built in Atlantas newest renaissance, the rapidly developing westside. The Contract defined "profit margin" as. To sue in tort for actions otherwise arising out of the breach of a contractual obligation, "the defendant must also breach an independent duty created by statute or common law." 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. 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 819(1)..FN10. See Medserv Corp., 1997 U.S. Dist. Court of Appeals of Georgia. 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. He further testified that the customary fee in this area in cases such as this one is usually 40 percent. Various floor plans including 2-4 bedroom townhomes, 2 car garages, basements. at 751(1). 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. The bench trial in this case commenced on December 1, 2010. building #2 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1919 bay line lane nw. About a mile and a half east of Marietta's historic square, within clucking . 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. 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. 4 units in building with attached garage porch & patio (ld-201300025) west highlands phase 2 section 2, New townhome- 2107 marietta rd a/k/a 1914 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 1916 kings cross building. 3. We have been extremely happy with our home. See id. 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. You can explore additional available newsletters here. Brock Built Homes | 1,447 followers on LinkedIn. 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. FN7. Brock Built next argues that the trial court erred in granting Blake summary judgment on its counterclaim for breach of fiduciary duty. at 585(2). 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.. Brooke-Built Homes takes pride in quality construction. 749 (627 S.E.2d 454) (2006)..FN9. The trial was continued to May 31, 2011, when Salvati testified. FN15. 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. 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. 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. 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 . (punctuation and footnote omitted); Patterson v. Bates, 295 Ga.App. To date, Steve Brock has built more than 1,000 homes in Atlanta. 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. 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 net profit statement [the accounting firm] produced for Brock Built in 2005, reflecting profits of $944,220, is accurate. 1, 5(3) (673 S.E.2d 858) (2009). 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. (Citation omitted; emphasis in original.) Their license was verified as active when we last checked. 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. The lawsuit came in response to consumer complaints that the software did not work and that the company charged for technical support it had advertised as being free. At 60 percent AMI that would be $1,080; and at 80 . Bourke v. Webb, 277 Ga.App. 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. FN14. Please try again. Stay up-to-date with how the law affects your life. Whether Blake forfeited half of his severance was not at issue during the previous appeal..FN11. (Citation and 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. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. A recent class action settlement brought successful closure to a problem with drastic effects on the lives of thousands of Indiana families represented by Plews Shadley Racher & Braun. FN18. (Punctuation omitted.) Munger & Stone, Thomas J. Munger, Benjamin A. of Internal Revenue, 115 T.C. (Footnotes and emphasis omitted.) Please switch to a supported browser or download one of our Mobile Apps. 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) Valuation: $169,841. The business judgment rule affords an officer the presumption that he or she acted in good faith, and absolves the officer of personal liability unless it is established that he or she engaged in fraud, bad faith or an abuse of discretion: (Citations and punctuation omitted.) Our commitment to superior quality is above the rest. Read More. 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. A12A0518, challenging the severance and attorney fees portions of the judgment, and Blake appeals in Case No. 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. at 409(2), 491 S.E.2d 853. 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! This graph shows the distribution of these job values. (Emphasis in original.). The accountant submitted a sworn declaration in which she claimed to be unaware "of any material modifications that should be made to Brock Built's financial statements in order for them to be in conformity with U.S. generally accepted accounting principles" and further stated that the differing net income figures contained within the two documents are not inconsistent and can indeed be rectified by taking into account the differences between financial and tax accounting. 1846 Brooks Dr Nw, Atlanta, GA, 30318. 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). See id. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). This is a growing and well positioned company. 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. Used under license. 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. They have always been innovative and on the leading edge of new market development in the Atlanta area. (ca3-17-085 86 ca3-16-507) ld-201700083, Castle berry station townhomes building 1 lot 2 - new construction of 3 story w roof access a garage and outdoor deck in a 5 unit building. FN15. to update company info and see who's viewing your profile. Zillow (Canada), Inc. holds real estate brokerage licenses in multiple provinces. 442-H New York Standard Operating Procedures New York Fair Housing NoticeTREC: Information about brokerage services, Consumer protection noticeCalifornia DRE #1522444Contact Zillow, Inc. Flexible Floorplans. (Punctuation omitted.) Our communities are built exactly where you want to live: in vibrant, thriving areas youll love to call home. We recommend getting multiple quotes for any construction project. I would choose Brock Built again and if you want to make the best choice, you should too!. TSG Water Resources v. D'Alba & Donovan Certified Public Accountants, 260 Fed.Appx. 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." 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. Consequently, Brock Built did not owe any independent duties to Blake apart from those arising under the Contract. A09A2373, decided Mar. at 819(1). Copyright 2023, Thomson Reuters. 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. FN13. Community features This vibrant community is one of the most diverse locations Atlanta has to offer in-town homebuyers. 730, 732(1)(a), 521 S.E.2d 358 (1999). _ (Case No. A photo of homes comparable to those forthcoming in Marietta by the same builder. Everyone, and I mean everyone, was so helpful, wonderful, understanding, consultative, nurturing, educational, etc all during the process. I modified an existing floor plan and picked out my own colors and fixtures. Since 1977, Eastwood Homes has been the premier home builder for move in ready spec homes with unique floor plans in North Carolina, South Carolina, Richmond & Atlanta. 1. at 72-74, 110 S.E.2d 128. + Caption. No. FN21. 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. 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. Since 1984, Brock Built has been a premier builder of Atlanta new homes. 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. Allegations amounting to mere negligence, carelessness, or "lackadaisical performance" are insufficient as a matter of law. at 585(2). The parties filed the instant cross-appeals, and we affirm the judgment, but vacate the attorney fees and costs award and remand for proper calculation, for the reasons that follow. Then, many received a notice at the beginning of June that they would need to sign a new contract paying thousands more, with a 7% escalation clause. If youre ready to find new construction homes, were ready to help. 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. projects. We disagree. Our building permit records indicate that Brock Built Homes LLC has worked on at least See also Hofrichter/Stiakakis, 291 Ga.App. at 817818..FN12. They are committed to quality and . We disagree. Zillow Group is committed to ensuring digital accessibility for individuals with disabilities. Although a duty of good faith and fair dealing arises in every contract, the mere breach of a contractual duty is insufficient to create a cause of action for tortious conduct. 1110 Northchase Pkwy SE Ste 150. Brock . _ (Case No. See id. at 823825(4). 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. Williamson v. Strickland & Smith, Inc., 296 Ga.App. In re The Bal Harbour Club, 316 F.3d 1192, 1194-1195(II) (11th Cir.2003). On August 11, 2005, the Attorney General obtained an Agreed Temporary Injunction that bars SOL from engaging in these illegal acts. 390 projects over the past 3 years. Honest service and great value are among our top priorities. 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 . award-winning life + style | Since 1984, this growing company has been a premier builder of Atlanta new homes. _ (Case No. In fact, in the contract, which both sides testified was negotiated and revised by both, the parties agreed that the accountant's calculation would be final and binding. Blake's bonus, therefore, is calculated using the figure $944,220. 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 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. Building permit records show that Brock Built Homes LLC has worked on 1135 permitted projects. But we haven't done that, so I'm going to let her testify about it, especially since her signature is on the tax document., The admission of evidence is generally committed to the sound discretion of the trial court, whose determination shall not be disturbed on appeal unless it amounts to an abuse of discretion.21 Here, given Blake's failure to file a motion in limine to exclude Salvati's testimony or a motion to compel her testimony regarding the tax returns once Brock Built listed her as a may-call witness in the consolidated pretrial order, we find no abuse of discretion in the trial court's decision to permit Salvati's testimony on this issue.22. ; Patterson v. Bates, 295 Ga.App the previous appeal.. FN11 has been a premier builder of new... 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