By Devin Fry
DICKINSON, N.D. (Valley News Live) – A southwest North Dakota construction company has filed a federal lawsuit seeking more than $6.3 million for completed border infrastructure work that the U.S. government has refused to pay.
Fisher Sand & Gravel Co., based in Dickinson, filed the complaint Jan. 21 in the U.S. Court of Federal Claims against the Department of Homeland Security and U.S. Customs and Border Protection.
The lawsuit stems from a $94 million contract awarded to Fisher in August 2022 to design and complete infrastructure construction at the U.S.-Mexico border near El Paso, Texas. The work included road construction, ground detection systems and erosion control measures — not new border wall construction.
According to court documents, Fisher completed all required work under the contract, which was later modified to a total fixed price of $116,379,078. CBP inspected and accepted Fisher’s work on March 12, 2024, with a final acceptance checklist confirming all work and punch list items were complete.
Three days later, on March 15, 2024, CBP ordered Fisher to suspend all work, including invoicing, citing a preliminary injunction issued by a federal court in Texas. The injunction came in a lawsuit filed by the Texas General Land Office against the Biden administration over border wall funding.
Fisher had prepared a final invoice for $6,336,592.22 — the remaining contract balance — but was prevented from submitting it due to the suspension order. CBP later terminated the contract for convenience in September 2024, again citing the Texas court injunction.
Fisher submitted a certified claim for payment in September 2025. CBP Contracting Officer John Callahan denied the claim Dec. 7, 2025, stating the injunction prevented payment despite acknowledging the work was completed.
“CBP has never disputed the remaining amount owed Fisher under the Contract, nor has CBP revoked its acceptance of the work,” the lawsuit states.
Fisher argues the government cannot refuse payment for completed, accepted work simply because of appropriations restrictions. The company is seeking the $6.3 million balance plus prejudgment interest under the Contract Disputes Act and Prompt Payment Act.
Fisher Sand & Gravel has been operating since 1952 and has worked on multiple border infrastructure projects. In June 2025, the company was awarded a separate $309 million contract to construct approximately 27 miles of new border wall in Santa Cruz County, Arizona.
