6200262170

Sungjee Construction Co., Ltd.

March 23, 2021Judge O'Sullivan
Denied / Government PrevailedOther

Sungjee Construction Co., Ltd. appealed a contracting officer's termination of its contract for default, alleging that the government hindered access to the work site due to the non-issuance of passes. The Board denied the appellant's motion for sanctions for spoliation of evidence.

Material Facts

  • Sungjee Construction Co., Ltd. appealed a contracting officer's termination of its contract for default.
  • The appellant alleged that the government refused to issue passes needed to perform contract work for a total of 352 days.
  • The government could not produce documents related to the issuance of passes due to their routine destruction.
  • The appellant filed a motion to compel discovery for documents evidencing the issuance of passes.
  • The government confirmed that it could not produce the requested documents because they had been destroyed.

Parties

Appellant
Sungjee Construction Co., Ltd.
Respondent Agency
Department of the Army
Contract Number
W91QVN-14-D-0050
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