Honest service and great value are among our top priorities. 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. . Located on the revitalized Westside, this industrial-chic community offers the best of both worlds: a suburban-inspired residence in the midst of thriving city life. 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. Contact. In real estate, location is everythingand we take that to heart. To date, Steve Brock has built more than 1,000 homes in Atlanta. 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. 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. #4 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1918 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 1920 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 1849 brooks dr nw. Please try again. FN9. 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. See also Hofrichter/Stiakakis, 291 Ga.App. McReynolds v. Krebs, 307 Ga.App. In determining whether a corporate officer has fulfilled his or her statutory duty, Georgia courts apply the business judgment rule. I hear this is very rare. 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. Analyzing permits over the last 4 years shows that Brock Built Homes LLC mostly works on See id. Id. 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. To sue in tort for actions otherwise arising out of the breach of a contractual obligation, "the defendant must also breach an independent duty created by statute or common law." Allegations amounting to mere negligence, carelessness, or "lackadaisical performance" are insufficient as a matter of law. (Emphasis in original.). FN16. 619, 620(1) (627 S.E.2d 207) (2006)..FN22. 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. Tvrdeich, 268 Ga.App. Every step throughout the process was a breeze and the entire team was a pleasure to work with. Do you work for this business? 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." The meeting went wonderful and I immediately felt that Brock Built and West Highlands at Habersham was where I wanted my dream to come true! FN15. 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. Customer Complaints Summary Business's Response Rate: 75% 4 total complaints in the last 3 years. K. kk5 of US. Co. v. Johns, 874 F.2d 1447, 1461(III)(B)(2) (11th Cir.1989); Cottle v. Storer Communication, 849 F.2d 570, 574(II) (11th Cir.1988); In the Matter of Tom's Foods, Inc., 2005 WL 3022022, *2, 2005 Bankr.LEXIS 2062, *6 (M.D.Ga.2005). [2] In October 2015, the company merged with Standard Pacific Homes to form CalAtlantic Homes . 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. City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. Blake concedes that he began doing business for Terranova Properties in February 2006, the same month his employment relationship with Brock Built was terminated. Both parties filed cross-motions for summary judgment. 576, 579(2)(b), 586 S.E.2d 74 (2003) (officer breached fiduciary duty when he converted tens of thousands of dollars of cash belonging to corporation to his own use). 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. (Punctuation omitted.) 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. (Citation omitted.) In re The Bal Harbour Club, 316 F.3d 1192, 1194-1195(II) (11th Cir.2003). FN13. Get free summaries of new Court of Appeals of Georgia opinions delivered to your inbox! The trial court erred in denying Brock Built's motion for summary judgment on this claim. (Punctuation omitted.) FN22. 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. (Punctuation omitted.) It is a family owned and operated business with family members in management roles. We agree with the trial court and affirm the award of 12 months severance to Blake.14. Brock Built also challenges the attorney fee and cost award to Blake. Likewise, Brock Built's allegations regarding the deficiencies in Blake's management and budgeting amounted at best to a showing of negligent or careless performance of Blake's duties, which is insufficient to show breach of fiduciary duty as a matter of law. 554, 558, n. 4, 2000 WL 1839390 (2000). Kaplan anticipates construction to begin in September, with. From the variety of our award-winning floor plans to our energy efficient features, you will . See ServiceMaster Co., 252 Ga.App. Brock Built Homes 1984 - Present38 years Atlanta, GA Steve Brock, Founder and CEO of Brock Built Homes, brings over 35 years of homebuilding experience to the marketplace. Their BuildZoom score of 107 ranks in the top 6% of 84,062 Georgia licensed contractors. 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. 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. 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). (Punctuation 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. 141, 143-144, 671 S.E.2d 195 (2008). FN1. 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. See Intl. 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." Compare TSG Water Resources, 260 Fed.Appx. Then click the filter button to the right to filter community results by the region you selected. 816 (686 S.E.2d 425) (2009)..FN1. 816 (686 S.E.2d 425) (2009). 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. The business judgment rule affords an officer the presumption that he or she acted in good faith, and absolves the officer of personal liability unless it is established that he or she engaged in fraud, bad faith or an abuse of discretion: (Citations and punctuation omitted.) (Emphasis in original.). Brokerage. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). Brock Built has established their reputation in the Greater Atlanta Area through quality craftsmanship and exceptional customer service for over 30 years. Brock commenced the brief meeting by announcing, "I think we need to go ahead and end the relationship. 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. OCGA 14-2-830(a); 14-2-842(a). 4. We have been extremely happy with our home. (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. 2022. 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