Basnight Construction Co. v. Peters & White Construction Co.

ELMORE, Judge.

Peters & White Construction Company (defendant) appeals the trial court’s denial of its motion to set aside an entry of default and default judgment against it. We discern no abuse of discretion in the denial of defendant’s motion to set aside the entry of default, but must reverse the order denying defendant’s motion to set aside the default judgment.

Defendant was a contractor building a collection of sewer lines and treatment facilities for the Englehard Sanitary District located in Hyde County, North Carolina. Basnight Construction Company (plaintiff) was a subcontractor…