60553

Arab Shah Construction Company

August 4, 2016Judge Ting
DismissedCDA Jurisdiction

Arab Shah Construction Company appealed for compensation under a contract for construction services in Afghanistan, but the Board dismissed the appeal for lack of jurisdiction due to failure to submit a proper claim.

Material Facts

  • In March 2011, Appellant was awarded a contract for $62,000 to construct a metal pole barn in the village of Mangwal, Afghanistan.
  • The contracting officer informed appellant that the pole barn was no longer needed at Mangwal and proposed a modification to change the location to Gardez.
  • Modification No. POOOO 1 was executed on 23 May 2011, changing the location for the pole barn from Mangwal to Gardez.
  • Appellant paid $19,000 for transportation of materials from Mangwal to Gardez.
  • Appellant filed an undated notice of appeal received by the Board on 22 April 2016, alleging non-payment for delivered materials.
  • The government moved to dismiss the appeal for lack of jurisdiction because appellant never submitted a claim in a sum certain to a CO.

Parties

Appellant
Arab Shah Construction Company
Contract Number
H92237-11-C-0639
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