ARMED SERVICES BOARD OF CONTRACT APPEALS 
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. 
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 
  

 2 
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 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
 OWEN C. WILSON 
Administrative Judge 
Vice Chairman 
Armed Services Board 
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