Brock Built contends that, when calculating Blake's incentive compensation, it relied upon a 2005 consolidated financial report prepared by an outside certified public accountant which reported Brock Built's net income as less than $1 million. Brock responded simply, "I am not going to go into it. Brock of Hemet, CA Verified Reviewer. But, even assuming that Brock Built's consolidated financial report and the 2005 tax return constitute inconsistent statements, we are not authorized on summary judgment to construe them against Brock Built in light of the sworn declaration from the nonparty accountant who prepared both documents. 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 . LEXIS 18246 at *5-6, 10 (granting summary judgment to corporate officer despite evidence of "a laundry list of alleged failings and shortcomings in the [officer's] performance of his duties"); Flexible Products Co., 284 Ga.App. (Punctuation omitted.) Honest service and great value are among our top priorities. 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. The lawsuit came in response to consumer complaints that the software did not work and that the company charged for technical support it had advertised as being free. They have always been innovative and on the leading edge of new market development in the Atlanta area. Working with Brock Built was great. FN18. 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. Blake alleged that he was entitled to severance and incentive compensation under his agreement with Brock Built, and he framed his claims as breach of contract and breach of good faith and fair dealing. Building permit records show that Brock Built Homes LLC has worked on 1135 permitted projects. 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 first argues that the trial court erred in granting Blake's motion for summary judgment on his claim for severance compensation. See id. 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. 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). Lender, 228 Ga.App. 619, 620(1) (627 S.E.2d 207) (2006). At the conclusion of the evidence, the trial court concluded that Brock Built's net profits for 2005 were $944,220. Brock Built City Neighborhoods, LLC ("Brock Built") appeals from the trial court's entry of default judgment against it and in favor of Century Fire Protection, LLC ("Century"), contending that it was not properly served with the complaint. So viewed, the evidence shows that Blake was hired by Brock Built as a construction manager in 2003. 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 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." Whether Blake forfeited half of his severance was not at issue during the previous appeal. Brock Built relies heavily on the fact that during the February 10 meeting, Brock offered to allow Blake to "keep [his] pride" and say that he resigned, and that during the February 13 meeting, when Brock asked if Blake had any discussions with other employees, Blake responded that he told one employee that he "was leaving" and would "probably start [his] own company." The Contract defined "profit margin" as. 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. 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. While building hundreds of new homes, Brock Built always made us feel like our home was the most important one they were working on. FN20. at 820821(2). See also Matter of Munford, Inc., 98 F.3d 604, 611(B) (11th Cir.1996); Medserv Corp. v. Nemnom, 1997 U.S. Dist. If I ever have an issue or question, they are always available to help in a kind and timely manner.. FN4. Court of Appeals of Georgia. 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. Whether Blake forfeited half of his severance was not at issue during the previous appeal..FN11. FN13. When a party seeks fees based on a contingent fee agreement, the party must show that the contingency fee percentage was a usual or customary fee for such case and that the contingency fee was a valid indicator of the value of the professional services rendered. 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 trial court awarded Blake $207,279 in attorney fees and $32,825 in expenses. (a)Brock Built argues that Blake was not entitled to attorney fees and costs under the parties' agreement because he was not substantially successful in this litigation, pointing out that Brock Built obtained summary judgment on Blake's claim for breach of good faith and fair dealing. FN3. 4. 816 (686 S.E.2d 425) (2009). 749 (627 S.E.2d 454) (2006). "In two weeks the price of this house will increase by $25,000. *427 Ashe, Rafuse & Hill, Joshua D. Jewkes, Atlanta, for appellant. at 890(3). Williamson v. Strickland & Smith, Inc., 296 Ga.App. at 817818..FN12. (Punctuation omitted.) When reviewing the parties' enumerations, we are mindful that, [o]n appellate review of a bench trial, the factual findings shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses. 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. Blake, the former president of . 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]"). This graph shows the distribution of these job values. 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. Judgment affirmed in part, and vacated and remanded in part. You can explore additional available newsletters here. 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. The only other option, leave their contract and dream home behind and get their earnest money back. Who is Brock Built. Every step throughout the process was a breeze and the entire team was a pleasure to work with. A09A2373, decided Mar. FN16. FN7. These facts simply do not support a conclusion that Blake voluntarily resigned. A09A2373, decided Mar. _ (Case No. _ (Case No. 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 . Shoddy construction resulted in 80 alleged defects in the clubhouse and other amenities at Seven Bridges, a GL Homes luxury development in Delray Beach, according to a recently filed lawsuit. 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). See Medserv Corp., 1997 U.S. Dist. FN9. No. Get in touch with Brock Built today. Thank you Dahlia, Barry, Mark, Steve, Evanne, Brian, Joe and anyone else that helped me with my new home!, We could not be any more pleased with our home purchase through Brock Built. Hopeful homebuyers signed contracts expecting to have a home built within the next year. Finally, at the meeting the following Monday, February 13, Brock presented Blake with his proposed termination agreement (which offered Blake less compensation than that to which he was entitled in the event of termination without cause) and instructed him to review it and "come back with comments." The trial court awarded Blake $207,279 in attorney fees and $32,825 in expenses..FN7. We disagree. Pre-construction Manager (Former Employee) - Atlanta, GA - March 28, 2018. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Driskell conceded, however, that he did not reach an independent determination of the company's net income for 2005 based on Brock Built's financial information. Quality craftsman style homes you expect from decades of experience building in Atlantas best neighborhoods. at 72-74, 110 S.E.2d 128. 178, 181(2)(b)(ii), 643 S.E.2d 560 (2007). Blake argues that the trial court erred by improperly calculating the amount of incentive compensation he was contractually entitled to receive. A recent class action settlement brought successful closure to a problem with drastic effects on the lives of thousands of Indiana families represented by Plews Shadley Racher & Braun. An aerial view of the proposed Echo Street Project (Special: Brock Built Homes) The market rate would be $1,800 a month rent for a two-bedroom. Family Values.. Williamson v. Strickland & Smith, Inc., 296 Ga.App. Brokerage. CA 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. 390 projects over the past 3 years. 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