Brock Built first argues that the trial court erred in granting Blake's motion for summary judgment on his claim for severance compensation. Action 9 first uncovered serious complaints against the builder in 2015, but consumers are still complaining over denied refunds. FN22. This graph shows the distribution of these job values. Bourke v. Webb, 277 Ga.App. Our commitment to quality and customer service is found in every detail of our new homes in Atlanta. 94104, Brock Built Homes LLC has a BuildZoom score of. We have been extremely happy with our home. Negotiations are continuing on attorney fees . 1110 Northchase Pkwy SE Ste 150, Marietta, Georgia . If I ever have an issue or question, they are always available to help in a kind and timely manner.. + Caption. 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. Turner Broadcasting System, 627 F. Supp. 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. 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 Ryland Group, Inc. was a company engaged in home construction based in Westlake Village, California. 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. CAREERS | PRIVACY POLICY | TERMS OF SERVICE | WARRANTY. A12A0519, arguing that the incentive-compensation award was insufficient and that the trial court erred by overruling his objection to the testimony of Brock Built's accountant after Brock Built asserted the accountant-client privilege during discovery. 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. Find Out About Great Interest Rate Specials and Reduced Pricing. 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. 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. All rights reserved. See Intl. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Brock Built Homes | 1,447 followers on LinkedIn. November 6, 2009. Patents on Brock's PowerBase and PowerBase YSR products (Case No. 1. *427 Ashe, Rafuse & Hill, Joshua D. Jewkes, Atlanta, for . San Francisco, Pursuant to the employment agreement, Brock Built agreed to pay Blake a designated annual base salary, plus incentive compensation, which was comprised of a set percentage of the company's profit margin. The agreement defined profit margin as. West Highlands. It also lists other structural problems with. Finally, Brock Built argues that the trial court erred in denying its motion for *432 summary judgment on Blake's claim for breach of good faith and fair dealing. at 817818. 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 . Brock Built, LLC, sued Brock Built alleging that Brock Built breached his employment contract by terminating him and failing to pay the severance . FN14. 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. In real estate, location is everythingand we take that to heart. We disagree. (Citation and punctuation omitted.) See, e.g., Benchmark Builders, Inc. v. Schultz,_ 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. 4. Andrews and Boggs, JJ., concur. 2019-01-18. 619, 620(1) (627 S.E.2d 207) (2006). 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. 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. (Citation and punctuation omitted.) Their BuildZoom score of 107 ranks in the top 6% of 84,062 Georgia licensed contractors. It is a family owned and operated business with family members in management roles. See, e.g., Yargus v. Smith, 254 Ga.App. We are continuously working to improve the accessibility of our web experience for everyone, and we welcome feedback and accommodation requests. FN1. Pre-construction Manager (Former Employee) - Atlanta, GA - March 28, 2018. (Emphasis in original.). driveway and walk way ld-201400006, Castle berry station townhomes building 1 lot 1 - new construction of 3 story w roof access a garage and outdoor deck in a 5 unit building. 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. 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. The trademarks MLS, Multiple Listing Service and the associated logos are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA. KING COUNTY, Wash. A new class-action lawsuit in the works accuses home developer LGI Homes of shoddy construction and violating the Consumer . 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. at 817818..FN12. It is undisputed that no such notice was ever given. Their constant and open communication throughout the process kept me aware of everything going on as they worked to [meet] my personal deadline. 300 Ga.App. Every step throughout the process was a breeze and the entire team was a pleasure to work with. See id. Although Brock Built initially argued that Blake voluntarily resigned, we concluded on appeal that the facts simply do not support a conclusion that Blake voluntarily resigned.10 Thus, the issue at trial was whether Blake was employed with a third party within six months of his termination from Brock Built.11. FN3. Cf. Allegations amounting to mere negligence, carelessness, or "lackadaisical performance" are insufficient as a matter of law. First AG lawsuit of its kind in US. We disagree. FN20. The trial court did not err by granting Blake summary judgment on this claim. See also Hofrichter/Stiakakis, 291 Ga.App. at 823825(4). 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. 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. FN4. I hate that its come to this but I think its in the best interest of the company and my personal interest." CA at 585(2). Brock Built's expert, Francis Dean Driskell, III, a forensic accountant, testified that in his opinion, Brock Built's 2005 financial statement was not prepared in accordance with GAAP. The email address cannot be subscribed. Wynn v. Arias, 242 Ga.App. Since 1984, Brock Built has been a premier builder of Atlanta new homes. 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. Williamson v. Strickland & Smith, Inc., 296 Ga.App. 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. 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. (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. 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. I modified an existing floor plan and picked out my own colors and fixtures. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation)..FN14. 579, 584(2) (602 S.E.2d 297) (2004). Their license was verified as active when we last checked. 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. _ (Case No. (Citation omitted.) 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. 2022. If you are looking for remodeling ideas, you can, When BuildZoom last verified this license, it had an expiration date of. In addition to location and the charm of my home, the price value for the midtown area is exceptional. the net profit of the Company before federal and state income taxes, determined in accordance with accepted accounting practices by the accounting firm employed by the Company and adjusted to exclude the IRS inventory adjustment. 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. at 818819(1)..FN3. Customer Complaints Summary Business's Response Rate: 75% 4 total complaints in the last 3 years. Indeed, the Contract specifically provided that. at 819(1). Deadlines were met on the day we were told and most importantly, we actually closed on time, on the exact day expected! The issues, problems, consequences or repercussions. FN8. Marietta, GA 30067-6410. 730, 732(1)(a), 521 S.E.2d 358 (1999). Analyzing permits over the last 4 years shows that Brock Built Homes LLC mostly works on See Magill v. Edd Kirby Chevrolet, Inc., 277 Ga.App. K. kk5 of US. In 2015, it was the 5th largest homebuilder in the United States. 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