Utility Construction Company, Inc.

Material Facts

• Appellant filed this appeal on 5 May 2010, based upon the failure of the contracting officer to act on its certified claim dated 4 January 2010 in the amount of $1,418,683.52.
• On 9 July 2010, the government filed a motion to dismiss the appeal.
• Appellant failed to file its response to the government's motion by the due date but filed it late on 7 September 2010.
• On 13 May 2011, the government propounded to appellant Request for Admissions, Interrogatories, and a Request for Production of Documents.
• Appellant failed to file any objections or answers to this discovery by 27 June 2011.
• On 25 July 2011, appellant filed responses to the Request for Production and to the Requests for Admissions, but no answers to interrogatories were provided.
• The Board ordered appellant to respond to the government's motions to compel by 19 October 2011, but appellant did not respond.
• On 12 January 2012, appellant filed a 'Motion for a 90 Day Stay' citing personal and financial issues.
• The government opposed the stay and requested dismissal for failure to prosecute.
• The Board ultimately denied the government's motion to dismiss.

Parties

Appellant

Utility Construction Company, Inc.

Respondent Agency

U.S. Army Corps of Engineers

Contracting Agency

U.S. Army Engineer District, Los Angeles

Contract Number

W912PL-07-D-0044