FN21. Do Not Sell or Share My Personal Information, 442-H New York Standard Operating Procedures. FN21. (Punctuation omitted.) Our building permit records indicate that Brock Built Homes LLC has worked on at least Brock Built counterclaimed, alleging both breach of contract and fiduciary duties and also seeking attorney fees. 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. Cottle, 849 F.2d at 575(II). In addition to location and the charm of my home, the price value for the midtown area is exceptional. Our convenient, carefully curated communities are second-to-none. 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. 901, 909-910 (N.D.Ga.1985) (that corporate officers or directors may stand to gain personally from their actions does not obviate the application of the business judgment rule). An Atlanta-based builder with a portfolio of some 1,400 homes is setting sights on Bankhead's Donald Lee Hollowell Parkway, where almost no major investment has occurred in recent decades. FN20. He says he and his wife didn't want to sign when they did, but his agent told him prices would rise in two weeks and they should act now. See id. Williamson v. Strickland & Smith, Inc., 296 Ga.App. 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. 579, 584(2) (602 S.E.2d 297) (2004)..FN16. See Regenstein v. J. Regenstein Co., 213 Ga. 157, 162, 97 S.E.2d 693 (1957); Flexible Products Co. v. Ervast, 284 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. OCGA 14-2-830(a); 14-2-842(a). building 3 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1921 bay line lane nw. See id. 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. 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. 141, 143-144, 671 S.E.2d 195 (2008). FN10. April 10, 2021 at 10:02 am PDT. 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. See also Bourke, 277 Ga.App. 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. 3. CA It's genuine performance. 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. The trial court awarded Blake $207,279 in attorney fees and $32,825 in expenses. FN16. 554, 558, n. 4, 2000 WL 1839390 (2000). All information contained herein is deemed accurate and reliable. Accordingly, we find no error in the trial court's decision to award Blake attorney fees and costs.15. See id. Lender, 228 Ga.App. 816 (686 S.E.2d 425) (2009). 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. (Punctuation omitted.) The civil suit, filed today in New Castle [] If you wish to report an issue or seek an accommodation, please let us know. (Punctuation omitted.) FN22. 1, 5(3) (673 S.E.2d 858) (2009). Archie Ramos is one of those people who signed with Woodland Homes in February. . Tvrdeich, 268 Ga.App. See id. at 890(3)..FN17. Brock Built Homes is proposing a 22-home subdivision on 14 acres at Friendship Church Road in west Cobb, down the road from Lovinggood Middle School and Hillgrove High School. building 3 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), Construction of a new single family residence garage covered porch upper and lower, Aka boyd avenue - building 1 unit 40 - construction of new townhome ld-201700009, Aka boyd avenue - building 1 unit 38 - construction of new townhome ld-201700009, Aka boyd avenue - building 1 unit 37 - construction of new townhome ld-201700009, Lot 1 - construction of a new single family residence with an unfinished basement, BuildZoom hasn't received any reviews for, Please write a review about Brock Built Homes LLC. In the months that followed, Blake argued that he had been terminated without cause and was entitled to severance payments in accordance with the terms of the Contract. Brock responded simply, "I am not going to go into it. 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. In determining whether a corporate officer has fulfilled his or her statutory duty, Georgia courts apply the business judgment rule. 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. 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. at 758(5), 556 S.E.2d 517; Constr. It is undisputed that no such notice was ever given. Then click the filter button to the right to filter community results by the region you selected. 2021 Brock Built LLC, Builder of New Construction Homes. 1, 5(3) (673 S.E.2d 858) (2009). San Francisco, 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. Bourke v. Webb, 277 Ga.App. "[T]he business judgment rule is a policy of judicial restraint born of the recognition that [officers] are, in most cases, more qualified to make business decisions than are judges." Our commitment to superior quality is above the rest. And generally, no fiduciary duty runs from an employer to an at-will employee. 4 units in building with attached garage porch & patio (ld-201300025) west highlands phase 2 section 2, West highlands townhomes-bldg 5-lot 679-construct new 2 story townhome consist of 4 units in building with attached garage porch & patio. 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. Blog; Homeowners; Realtors; Careers; Contact Us; 866-551-7995; Search Our Homes Search Our Homes. FN15. award-winning life + style | Since 1984, this growing company has been a premier builder of Atlanta new homes. [1] Although Brock Built argues in its brief that there were "errors in the transcription," both parties agreed that the transcript accurately recounted the February 10 meeting. The lawsuit demands $550,000 in damages, claiming Adair Homes lost prospective sales because of the negative online reviews. West Highlands. 749 (627 S.E.2d 454) (2006). 3 story with a basement 10/23/2018 permit extension for 30 days per a. epps, Erect two story single family residence with unfinished basement and finished attic, Erect new two story single family residence with finished basement; weston ii a lot 92, Erect new two story single family with 3rd floor bonus room. 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. These facts simply do not support a conclusion that Blake voluntarily resigned. FN15. First, the Contract required written notice in the event that Blake intended to resign. FN12. Southern Charm. November 6, 2009. Brock mentioned that he was in the process of drafting a "termination agreement" and wanted the relationship to end amicably. Brock Built appeals in Case No. His homes. at 820821(2)..FN4. A09A2373, decided Mar. Since breaking ground in summer 2019, that project attracted headlines as Donald Lee Hollowell Parkway's first significant . Family Values.. Prices begin in the high $300,000s, according to Brock Built. 712, 716(3), 531 S.E.2d 126 (2000); Constr. Craftsman Chic. It follows that the duty allegedly breached by Brock Built and the damages arising therefrom arose solely from Brock Built's alleged breach of contract and are encompassed within that claim. See Magill v. Edd Kirby Chevrolet, Inc., 277 Ga.App. As Blake concedes on appeal, however, the trial court's award calculation was erroneous. 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. 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. 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. N. 4, 2000 WL 1839390 ( 2000 ) ; Constr by the region you selected or her statutory,... 143-144, 671 S.E.2d 195 ( 2008 ) 579, 584 ( 2 ) ( 602 brock built homes lawsuit! Filter button to the right to filter community results by the region you selected no error in event... The Contract required written notice in the trial court 's award calculation erroneous! Addition to location and the charm of My home, the Contract written... 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