61215

Nimrah Construction Company

May 16, 2018Judge Shackleford
DismissedFailure to Prosecute / Dismissal

Nimrah Construction Company appealed the denial of its claim under an Army construction contract. The Board dismissed the appeal for failure to prosecute due to the appellant's noncompliance with discovery orders.

Material Facts

  • Nimrah Construction Company has appealed the denial of its claim for $1,360,514.86 under the above-captioned Army construction contract performed in Afghanistan.
  • The government submitted its first request for production of documents on 22 November 2017.
  • The agreed suspense date for document production was 8 December 2017.
  • The government inquired about the documents on 13 December 2017, and the appellant replied that it was working on it.
  • The government filed a motion to compel the production of the documents on 1 February 2018.
  • The Board issued an order to show cause on 6 February 2018, requiring a response by 2 March 2018.
  • As of 2 April 2018, the Board had not received a response to its order to show cause.
  • The Board directed the appellant to respond by 20 April 2018, warning that failure to do so could lead to dismissal.

Parties

Appellant
Nimrah Construction Company
Respondent Agency
Department of the Army
Contract Number
W91B4M-09-C-7174
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