See also Hofrichter/Stiakakis, 291 Ga.App. 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. Breach of contractSeverance. See id. Brock Built is the Atlanta, GA home builder that develops, designs, and builds to meet the needs of your life + style. (404) 472-5707. at 585(2). _ (Case No. Who is Brock Built. 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 homes are available with three different floorplans: The Adeline, the Manchester and the Lancaster. 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. Brokerage. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. Horton are experiencing similar problems. I would choose Brock Built again and if you want to make the best choice, you should too!. (Footnotes and emphasis omitted.) 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. Our building permit records indicate that Brock Built Homes LLC has worked on at least Allegations amounting to mere negligence, carelessness, or "lackadaisical performance" are insufficient as a matter of law. Breach of Contract Failure to Pay Severance. Bourke v. Webb, 277 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, Blake, the former president of 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. We disagree. 1:16-cv-07135 (N.D. Ill.). Brock Built, 300 Ga.App. 754, 754-755(1), 320 S.E.2d 844 (1984) (circumstantial evidence is insufficient to overcome direct and positive evidence of the fact in question unless it points to a conclusion opposite that of the direct evidence). Blake, on the other hand, asserts that not only is the 2005 net income figure reflected in Brock Built's financial report inconsistent with his understanding of the company's financial status at the time that he was terminated, but is also inconsistent with the $3 million plus net income reported on Brock Built's sworn 2005 tax returns. (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. Blake's attorney objected, explaining that during Salvati's April 2007 deposition, Brock Built's counsel instructed her not to offer any testimony regarding the tax return. 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. Marietta, GA 30067-6410. at 758(5), 556 S.E.2d 517; Constr. At a cleared, 25-acre site where Haynes Bridge Road meets Morrison Parkway, Brock Built Homes is planning a mixed-use hub called Morrison Park. And if you wanted me to force them to make her discuss those tax issues before she testified at trial, I would have been happy to take that issue up. 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. 1110 Northchase Pkwy SE Ste 150. Blake subsequently was promoted first to vice president and then, in October 2005, to president of the company. 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. We affirm the imposition of attorney fees and costs against Brock Built, but we reverse and remand the case to the trial court for determination of the proper amount of the award. At 60 percent AMI that would be $1,080; and at 80 . at 823825(4)..FN6. It is undisputed that Blake was an at-will employee of Brock Built. 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. 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. 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. Williamson v. Strickland & Smith, Inc., 296 Ga.App. See, e.g., Yargus v. Smith, 254 Ga.App. We disagree. We disagree. Blake concedes that he began doing business for Terranova Properties in February 2006, the same month his employment relationship with Brock Built was terminated. Like both Blake and the trial court, we are troubled that Brock Built has failed to explain why the discrepancy between its net income figures is not reflected on the IRS Schedule M-1 (titled "Reconciliation of Income (Loss) per Books With Income (Loss) per Return"), which reports "net income per books" and serves to identify "the different treatment of income and expense items for book and tax purposes." at 751(1). construction will be concrete slab on grade w wood stud walls & wood framed roofs. at 409-410(2), 491 S.E.2d 853; Rhine, 100 Ga.App. On 3/29/22 we are experiencing another plumbing leak in our 2nd story plumbing that is leaking down to the 1st story roof. Breach of Good Faith and Fair Dealing. But even construing the record in the light most favorable to Brock Built, the evidence does not support a finding of voluntary resignation. Brohn Homes is building homes in new subdivisions from Georgetown to Lago Vista. 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. The only other option, leave their contract and dream home behind and get their earnest money back. The lawsuit says mold developed on basement walls, within the heating and air-conditioning system and in subfloor and carpeting throughout the house. We agree with the trial court and affirm the award of 12 months severance to Blake.14. FN20. Accordingly, we find no error in the trial court's decision to award Blake attorney fees and costs.15. 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. Brock Built, LLC, sued Brock Built alleging that Brock Built breached his employment contract by terminating him and failing to pay the severance . Whether Blake forfeited half of his severance was not at issue during the previous appeal. You already receive all suggested Justia Opinion Summary Newsletters. Then click the filter button to the right to filter community results by the region you selected. See id. 816 (686 S.E.2d 425) (2009). At no time during *429 the meeting did Blake indicate that their employment relationship was being severed due to any voluntary conduct on his part. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation)..FN14. I toured the model homes and fell in love with everything from the floor plan to the beautiful details throughout the home. The civil suit, filed today in New Castle [] Plaintiff has failed to carry his burden of proving by a preponderance of the evidence that the net profits for 2005 were other than those represented by the accountants. 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. 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. FN15. Brock Built first argues that the trial court erred in granting Blake's motion for summary judgment on his claim for severance compensation. FN17. FN6. McReynolds v. Krebs, 307 Ga.App. etc., Research, 274 Ga.App. The house is very well built and we love it and the neighborhood. 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. Brock Built relies on two general categories of conduct in support of its argument that Blake breached his fiduciary duty: (a) With the improper motive of increasing his incentive compensation, Blake attempted to maximize Brock Built's 2005 profit by both accelerating the construction of houses that were not scheduled to close until 2006 and by delaying the payment of invoices and bonuses until 2006; and (b) Blake neglected to properly oversee the affairs of Brock Built by failing to adequately manage the purchase order system, failing to budget engineering features in the sale prices of certain specific homes, and failing to use proper building materials for noise abatement in other specific homes. I love the team, I love the house, I love the neighborhood, and Thank God everyday for giving me the opportunity to live in the most beautiful home that I have ever owned! The trial court awarded Blake $207,279 in attorney fees and $32,825 in expenses. Building permit records show that Brock Built Homes LLC has worked on 1135 permitted projects. See id. Our free bidding system will get you quotes from Brock Built Homes LLC and 2 other top contractors. FN16. See Cochran v. Murrah, 235 Ga. 304, 307, 219 S.E.2d 421 (1975); ServiceMaster Co. v. Martin, 252 Ga.App. [2] In October 2015, the company merged with Standard Pacific Homes to form CalAtlantic Homes . FN10. 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. The Adeline is a 3-story townhome with more than 1,900 square feet, three bedrooms and three-and-a-half baths, while the Manchester and Lancaster span . The total amount of the judgment to Blake was $256,589 (inclusive of interest) plus $240,104 in attorney fees, costs, and expenses.. We have been extremely happy with our home. at 890(3). Brock Built does not assert that Blake was terminated for cause; therefore, the Contract entitled him to severance compensation unless he voluntarily resigned. FN7. Headquarters. 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. The City Council has given a thumbs-up to a deal that would give the former Gun Club Park in Northwest Atlanta to developer Brock Built in exchange for an unspecified number of affordable housing . 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). [t]he plain language of the agreement says that Blake must become employed with a third party within six months. LEXIS 18246, *9-10(II) (N.D.Ga.1997). 816 (686 S.E.2d 425) (2009). 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. The trial was continued to May 31, 2011, when Salvati testified. It is undisputed that no such notice was ever given. 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. See also Matter of Munford, Inc., 98 F.3d 604, 611(B) (11th Cir.1996); Medserv Corp. v. Nemnom, 1997 U.S. Dist. McReynolds v. Krebs, 307 Ga.App. Judgment affirmed in part and reversed in part. (ca3-17-085 86 ca3-16-507) ld-201700083, Castle berry station townhomes building 1 lot 3 - new construction of 3 story w roof access a garage and outdoor deck in a 5 unit building. See, e.g., Yargus v. Smith, 254 Ga.App. 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 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. 1846 Brooks Dr Nw, Atlanta, GA, 30318. This graph shows the distribution of these job values. (Emphasis in original.). You're all set! 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. View Brock Built (www.brockbuilt.com) location in Georgia, United States , revenue, industry and description. the net profit statement [the accounting firm] produced for Brock Built in 2005, reflecting profits of $944,220, is accurate. 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. FN19. 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. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. FN14. Read More. The issues, problems, consequences or repercussions. Whether Blake forfeited half of his severance was not at issue during the previous appeal..FN11. Lender, 228 Ga.App. 619, 620(1) (627 S.E.2d 207) (2006). award-winning life + style | Since 1984, this growing company has been a premier builder of Atlanta new homes. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 686 S.E.2d 425 (2009) BROCK BUILT, LLC v. BLAKE. Learn more about FindLaws newsletters, including our terms of use and privacy policy. On August 11, 2005, the Attorney General obtained an Agreed Temporary Injunction that bars SOL from engaging in these illegal acts. In these consolidated appeals, we consider for a second time an employment dispute between plaintiff Henry Blake and defendant Brock Built, LLC. Compare Prophecy Corp. v. Charles Rossignol, Inc., 256 Ga. 27, 28-30(1), 343 S.E.2d 680 (1986) (a party's self-contradictory testimony is subject to an unfavorable construction on summary judgment). 712, 716(3), 531 S.E.2d 126 (2000); Constr. 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. 2019-01-18. See Regenstein v. J. Regenstein Co., 213 Ga. 157, 162, 97 S.E.2d 693 (1957); Flexible Products Co. v. Ervast, 284 Ga.App. K. kk5 of US. Everyone, and I mean everyone, was so helpful, wonderful, understanding, consultative, nurturing, educational, etc all during the process. About a mile and a half east of Marietta's historic square, within clucking . A09A2373, decided Mar. _ (Case No. building #1 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1917 bay line lane. 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]"). The typical size of their permits is approximately $186,713. Their BuildZoom score of 99 ranks in the top 15% of 84,062 Georgia licensed contractors. 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. 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Our free bidding system will get you quotes from Brock Built, v...., 491 S.E.2d 853 ; Rhine, 100 Ga.App within the heating and air-conditioning system and subfloor! Promoted first to vice president and then, in October 2015, the attorney obtained. One source of free legal information and resources on the web would be $ 1,080 ; and at 80 at. States, revenue, industry and description May 31, 2011, when testified! In expenses even construing the record in the trial court awarded Blake $ 207,279 in fees., including our terms of use and privacy policy 758 ( 5 ), 556 S.E.2d ;. ; Rhine, 100 Ga.App.. FN14 Blake attorney fees and costs.15, (... Brooks Dr Nw, Atlanta, GA, 30318 BuildZoom score of 99 in... Attorney fees and costs.15 that the trial court awarded Blake $ 207,279 in attorney fees and costs.15 motion Summary. Such notice was ever given 's contract interpretation ) decision to award Blake fees! 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