Court of Appeals of Georgia. See id. They have always been innovative and on the leading edge of new market development in the Atlanta area. Blake testified that Terranova Properties was a one-man operation, and he was solely responsible for preparing estimates, proposals, bids, contracts, and invoices, reviewing bills, and maintaining the profitability of the corporation. See Intl. Do you work for this business? FN9. 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. (Emphasis in original.). 300 Ga.App. (Emphasis in original.). According to Brock Built, the trial court disregarded critical evidence and applied the incorrect legal standard in concluding that Brock Built's allegations were insufficient as a matter of law. From skilled contractors to building materials, only the best will do. Read More. 1846 Brooks Dr Nw, Atlanta, GA, 30318. FN8. Additionally, Adair Homes wants Brooks to shut down his public Facebook . (Emphasis in original.). FN6. 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. (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. 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. Lender, 228 Ga.App. 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. From our variety of award winning floor plans to our energy efficient features, you'll find our Craftsman, Old Word, Traditional, Modern, and custom built new homes are . We cannot say with certainty that Blake was entitled to summary judgment as a matter of law on this breach of contract claim. Indeed, the Contract specifically provided that. Whether Blake forfeited half of his severance was not at issue during the previous appeal. (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. Headquarters. Please switch to a supported browser or download one of our Mobile Apps. About a mile and a half east of Marietta's historic square, within clucking . The trial court awarded Blake $207,279 in attorney fees and $32,825 in expenses. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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." FN17. Select details like cabinetry and lighting through our design center. 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. Medserv Corp. v. Nemnom, 1997 *431 U.S. Dist. at 820821(2)..FN4. In connection with Blake's promotion to president, he negotiated with Brock Built a contract of employment (the "Contract"). 1. West Town by Brock Built Atlanta, GA 30318 Available soon Contact the agent to learn about upcoming homes within this community. Sign up for our free summaries and get the latest delivered directly to you. 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. The development, to be known as Morrison Park, would be built on an undeveloped 25-acre parcel at the intersection of Haynes Bridge Road and Morrison Parkway. See, e.g., Yargus v. Smith, 254 Ga.App. 300 Ga.App. LEXIS 18246, *9-10(II) (N.D.Ga.1997). at 909-911. (Punctuation omitted.) FN10. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. 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. Brock Built argues that the trial court erred by awarding Blake twelve months severance instead of six months. FN5. Brock Built does not assert that Blake was terminated for cause; therefore, the Contract entitled him to severance compensation unless he voluntarily resigned. The evidence produced by [Blake], i.e. The trial court implicitly overruled the objection, explaining to Blake's attorney that there's a way that you can bring that to the [c]ourt's attention. The total amount of the judgment to Blake was $256,589 (inclusive of interest) plus $240,104 in attorney fees, costs, and expenses.. (404) 472-5707. 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. Minutes to Historic Marietta Square. Their BuildZoom score of 107 ranks in the top 6% of 84,062 Georgia licensed contractors. You can explore additional available newsletters here. Since 1984, Brock Built has been a premier builder of Atlanta new homes. You're all set! The families bought homes built by Trinity Homes, LLC ("Trinity") in Indiana between June 1, 1998, and October 31, 2002. construction will be concrete slab on grade w wood stud walls & wood framed roofs. 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. (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. At the conclusion of the evidence, the trial court concluded that Brock Built's net profits for 2005 were $944,220. See also Hofrichter/Stiakakis, 291 Ga.App. The trial court concluded in the final order that Brock Built's accountant testified that. I modified an existing floor plan and picked out my own colors and fixtures. We disagree with Blake. The determination of profit margin made by the accounting firm employed by the Company shall be final and binding. Our commitment to quality and customer service is found in every detail of our new homes in Atlanta. We disagree. Do Not Sell or Share My Personal Information, 442-H New York Standard Operating Procedures. FN1. 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. Brock USA, LLC and NexxField, Inc. settled their lawsuit that was pending in the U.S. District Court for the Northern District of Illinois in which Brock asserted that NexxField's Original NexxPAD product infringes six U.S. FN19. etc., Research, 274 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. I met withDahlia Aitova to start making my dream come true of building my first home. In addition, their post-closing service is phenomenal. McReynolds v. Krebs, 307 Ga.App. First, the Contract required written notice in the event that Blake intended to resign. Williamson v. Strickland & Smith, Inc., 296 Ga.App. at 818819(1)..FN3. A09A2373, decided Mar. 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. 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. We have been extremely happy with our home. 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. FN9. CAREERS | PRIVACY POLICY | TERMS OF SERVICE | WARRANTY. 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. (Ron Baselice/Tribune News Service file) TNS NEW! 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. construction will be concrete slab on grade w wood stud walls & wood framed roofs. Brock Built is the Atlanta, GA home builder that develops, designs, and builds to meet the needs of your life + style. 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. See also Hofrichter/Stiakakis, 291 Ga.App. Courtesy of Brock Built Homes. April 10, 2021 at 10:02 am PDT. Breach of contractSeverance. FN11. 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 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. [t]he plain language of the agreement says that Blake must become employed with a third party within six months. Blake forfeited half of his severance was not at issue during the previous appeal the. ( 2008 ), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App, i.e court in! Blake forfeited half of his severance was not at issue during the previous appeal a. 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