In this employment dispute, appellee Henry Blake, the former president of appellant 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. 68, 72-74, 110 S.E.2d 128 (1959). Our free bidding system will get you quotes from Brock Built Homes LLC and 2 other top contractors. (Punctuation omitted.) 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. Horton are experiencing similar problems. The trial court did not err by granting Blake summary judgment on this claim. 619, 620(1) (627 S.E.2d 207) (2006). 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. Brock builds a great product and has . 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. February 10, 2022 (SAINT PAUL) Minnesota Attorney General Keith Ellison announced at a press conference today [passcode: paG4$2Vj] that he has filed a lawsuit against controversial, hedge fund-owned, mega-landlord HavenBrook Homes, the landlord of more than 600 single-family residential properties . at 751(1). Medserv Corp. v. Nemnom, 1997 *431 U.S. Dist. at 181(2)(b)(ii), 643 S.E.2d 560. Although [Blake] may disagree with the credibility determinations made by the trial court, it cannot be said on the record before us that there is no evidence to support the trial court's conclusions.20. . Thus, given the clear language of the contract that the parties would use the accountant's calculation to determine profit margin for the purpose of calculating Blake's share of profit (bonus), the parties are bound by that plain language. (Punctuation omitted.) We most appreciate the punctuality of the entire process. Additionally, Adair Homes wants Brooks to shut down his public Facebook . at 819(1)..FN10. Williamson v. Strickland & Smith, Inc., 296 Ga.App. OCGA 14-2-830(a); 14-2-842(a). 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. (Emphasis in original.). See ServiceMaster Co., 252 Ga.App. A court may consider a contingent fee agreement and the amount it would have generated as evidence of usual and customary fees in determining both the reasonableness and the amount of an award of attorney fees. 390 projects over the past 3 years. at 823825(4)..FN6. Accordingly, we find no error in the trial court's decision to award Blake attorney fees and costs.15. 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. (Citation omitted.) Compare TSG Water Resources, 260 Fed.Appx. There's a cheesy incarnation waiting for you no matter what you palete preferences are. See, e.g., Yargus v. Smith, 254 Ga.App. See id. *427 Ashe, Rafuse & Hill, Joshua D. Jewkes, Atlanta, for . Deadlines were met on the day we were told and most importantly, we actually closed on time, on the exact day expected! Brock Built next argues that the trial court erred in granting Blake summary judgment on its counterclaim for breach of fiduciary duty. See id. 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! 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 . CA Pursuant to the terms of the Contract, Brock Built agreed to employ Blake as president through September 2007 at a designated annual base salary, after which time the contract would automatically renew for one-year terms. 807, 810(1), 619 S.E.2d 481 (2005) (at-will employment contract providing that "a fiduciary and confidential relationship has commenced and will continue to exist between [the employer and employee]" presented a jury question as to whether employee stated an independent claim for breach of fiduciary duty); Spears v. Mack & Bernstein, P.C., 227 Ga.App. Brock Built first argues that the trial court erred in granting Blake's motion for summary judgment on his claim for severance compensation. It's over." FN14. 3. 2022. You can explore additional available newsletters here. They are committed to quality and . Archie Ramos is one of those people who signed with Woodland Homes in February. 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. Craftsman Chic. See also Matter of Munford, Inc., 98 F.3d 604, 611(B) (11th Cir.1996); Medserv Corp. v. Nemnom, 1997 U.S. Dist. New Ten29 West Townhomes built in Atlantas newest renaissance, the rapidly developing westside. of Internal Revenue, 115 T.C. 816 (686 S.E.2d 425) (2009). at 409(2), 491 S.E.2d 853. 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. 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 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. Turner Broadcasting System, 627 F. Supp. Contact Us Today! 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. 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. (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. 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. 4. When I compared it to a high rise option, I was getting more space for my money. LEXIS 18246 at *9-11(II); Stanziale, 330 B.R. Tvrdeich, 268 Ga.App. 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. Brokerage. The evidence produced by [Blake], i.e. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. See id. 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. (Punctuation omitted.) 686 S.E.2d 425 (2009) BROCK BUILT, LLC v. BLAKE. Blake, the former president of . [2] In October 2015, the company merged with Standard Pacific Homes to form CalAtlantic Homes . Consequently, Brock Built did not owe any independent duties to Blake apart from those arising under the Contract. Williamson v. Strickland & Smith, Inc., 296 Ga.App. 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. 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. No. Flexible Floorplans. The Contract further allowed termination of the employment relationship with or without cause by either Blake or Brock Built, provided, however, that "[a]ny termination shall be communicated by written notice *428 of termination to the other party." See id. In granting summary judgment to Blake, the trial court concluded that, even if there did exist a conflict in the evidence with respect to Brock Built's 2005 net income, the conflict was created by and should be construed most strongly against Brock Built, which was bound by the sworn net income statement contained within its tax returns. 300 Ga.App. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). Please switch to a supported browser or download one of our Mobile Apps. FN8. If you wish to report an issue or seek an accommodation, please let us know. In re The Bal Harbour Club, 316 F.3d 1192, 1194-1195(II) (11th Cir.2003). It also lists other structural problems with. 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. 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. In addition to location and the charm of my home, the price value for the midtown area is exceptional. at 821823(3). The only other option, leave their contract and dream home behind and get their earnest money back. 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). Met on the day we were told and most importantly, we actually closed on time, the... 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