Sundance Construction, LLC

ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of - )
)
Sundance Construction, LLC ) ASBCA No. 62765)
Under Contract No. FA9401-17-C-0010 )
APPEARANCE FOR THE APPELLANT: Mr. Scott Turcotte
Managing Member
APPEARANCES FOR THE GOVERNMENT: Jeffrey P. Hildebrant, Esq.
Deputy Chief Trial Attorney
Lori R. Shapiro, Esq.
Rebecca Tatum, Esq.
Trial Attorneys
OPINION BY ADMINISTRATIVE JUDGE MCILMAIL
On March 1, 2022, the Board ordered that, no later than March 18, 2022,
appellant respond to the government’s November 12, 2021 motion for an order to
show cause why the appeal should not be dismissed for failure to prosecute or comply
with Board rules and orders. Appellant never responded. On April 12, 2022, the
Board ordered that, no later than April 22, 2022, appellant shall show cause why the
appeal should not be dismissed with prejudice for failure to prosecute or comply with
Board orders; we warned that “[a]ppellant should expect no further opportunity to
address whether the appeal should be dismissed with prejudice for failure to prosecute
or comply with Board orders.” Appellant has not complied with that order. *
Appellant has deliberately ignored the Board’s orders, and has given no consideration
to the Board’s attempts to efficiently process the appeal. Accordingly, and taking into
account that appellant appears before us pro se, the appeal is dismissed with prejudice
for failure to prosecute the appeal or comply with Board orders under Board Rule 17.
*
On July 7, 2022, appellant filed with the Board a request for an update on the status
of the appeal, but did not address why the appeal should not be dismissed.
Phoenix Hawk Constr. Co., ASBCA No. 60987, 21-1 BCA ¶ 37,761 at 183,308
(pro se); Courtney Ake, ASBCA No. 61610, 2018 WL 6578658 (Nov. 26, 2018)
(same; citing cases).
Dated: July 18, 2022
TIMOTHY P. MCILMAIL
Administrative Judge
Armed Services Board
of Contract Appeals
I concur I concur
RICHARD SHACKLEFORD OWEN C. WILSON
Administrative Judge Administrative Judge
Acting Chairman Vice Chairman
Armed Services Board Armed Services Board
of Contract Appeals of Contract Appeals
I certify that the foregoing is a true copy of the Opinion and Decision of the
Armed Services Board of Contract Appeals in ASBCA No. 62765, Appeal of
Sundance Construction, LLC, rendered in conformance with the Board’s Charter.
Dated: July 19, 2022
PAULLA K. GATES-LEWIS
Recorder, Armed Services
Board of Contract Appeals
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