Afghan Subcontractor wins Right to Proceed Against Army in $1.8M Case
David Muchow, Muchowlaw, counsel to Afghan Azimi Group (ASCT), announced that the Armed Services Board of Contract Appeals (ASBCA) has overruled the Army’s motion to dismiss certain claims against ASCT, a small business contractor that built police stations in Afghanistan in 2013 during the war. The Army promised to pay ASCT for its services but never has paid more than a fraction of its $1.8M invoices. ARTICLE in Law360
Even though the Army has never challenged ASCT’s performance or its services, the Army has stonewalled ASCT for six years, at times refusing to answer, negotiate or mediate, apparently hoping that ASCT would give up. ASCT sued the Army in court in Delaware and now the case is before ABSCA. The Army’s actions, that destroyed this small contracting company, have left it with hundreds of thousands of dollars of vendor debts for products and services requested by the Army but never paid. The Army tried to delete portions of ASCT’s Appeal but the Board overruled it and now the case can proceed before ASBCA.
Appeal of Afghan Azimi Group of Supply, Construction and Technical, Inc. (ASCT Group) ASBCA No. 61955 (Feb. 27, 2020).