Aoun & Cole, Inc. v. Fitzpatrick

DAVIS, Judge.

Plaintiff Aoun & Cole, Inc. ("Aoun & Cole") and Defendant Jun H. Lee each appeal from the trial court's order pursuant to Rule 60(b)(6) of the North Carolina Rules of Civil Procedure setting aside a portion of the damages awarded in its prior default judgment. After a thorough review of the record and applicable law, we affirm.

Factual and Procedural Background

Aoun & Cole entered into a contract for construction services (the "Contract") with Lee and his subcontractor, Donald Stephen Fitzpatrick (collectively "Defendants"). The parties agreed that Fitzpatrick-under Lee's…