Estate of Rivas by and Through Soto v. Fred Smith Construction, Inc.

BERGER, Judge.

*14 The Estate of Eduardo Roberto Rivas, by and through Miletsy Soto as administrator and individually, ("Plaintiffs") appeal from a June 27, 2016 order granting summary judgment in favor of Fred Smith Construction, Inc. ("Defendant"). Plaintiffs argue the trial court erred by granting Defendant's motion and denying their motions under N.C. Gen. Stat. § 1A-1, Rule 56(f) and Rule 15. We disagree.

Factual and Procedural Background

In March 2012, the State of North Carolina Department of Transportation ("NCDOT") awarded Contract No. C202996 ("Smith Project") to "FSC II LLC DBA FRED…