Niking Corporation

Material Facts

• Niking Corporation filed a motion to strike paragraph 199 of the government's answer.
• The government alleged seven affirmative or other defenses in its answer.
• The appellant argued that the defenses exposed it to 'trial by ambush.'
• The Board noted that the pleadings were preceded by a 3,085-page claim and a 60-page final decision from the contracting officer.

Parties

Appellant

Niking Corporation

Respondent Agency

U.S. Army Engineer District, Honolulu

Contract Number

W9128A-12-C-0003