Iraq War Contractor Navigates CDA Jurisdictional Minefield to Victory
Client Alert | 1 min read | 05.10.17
In Leviathan Corp. (Apr. 20, 2017), the ASBCA ruled in favor of Crowell & Moring client Leviathan in its 11-year contract dispute with the U.S. Army. Leviathan delivered military supplies to the Iraqi army during the Iraq War. The contract was technically between a different prime contractor and the Coalition Provisional Authority (the predecessor to the new Iraqi government), not the U.S. government. The U.S. Army administered the contract and signed a termination settlement agreement. But the Army refused to pay Leviathan because the Government argued that: (1) the Board lacked jurisdiction over Coalition contracts, (2) Leviathan lacked standing because it was not the prime contractor, and (3) a termination settlement is not a CDA “procurement” contract. Leviathan successfully argued that the Army and Leviathan both became parties to the contract through two respective implied-in-fact novations. Further, because of the Army’s novation, the Army stepped into the Coalition’s shoes from the outset, thereby converting the original contract into a CDA “procurement” contract.
Insights
Client Alert | 5 min read | 05.13.25
Californian Autonomous Vehicles Get a Revised Regulatory Load if New DMV Law Passes
On April 25, 2025, the California DMV released a notice of proposed regulations focused on changes to the testing and deployment of light-duty and heavy-duty commercial autonomous vehicles. California previously released draft regulations and asked for public comment, the last round ending August 30, 2024.
Client Alert | 5 min read | 05.13.25
DOJ Reprioritizes Corporate Enforcement with Key Policy Revisions
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DOL Issues Revised Independent Contractor Misclassification Guidance
Client Alert | 3 min read | 05.13.25