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 | 1 min read | 05.05.25
On May 1, 2025, the Department of Defense announced the release of the long-anticipated 81-page Intellectual Property Guidebook for DoD Acquisition, which is aimed primarily at assisting acquisition professionals to develop, execute, and manage IP strategies that support functional area requirements and objectives across program life cycles. The Guidebook also provides guidance on the implementation of IP laws and regulations, describes operational challenges related to IP, and promotes industry partnerships. Crowell will provide more details regarding the Guidebook and its potential impacts in the coming days.
Client Alert | 6 min read | 05.05.25
Client Alert | 3 min read | 05.05.25
Client Alert | 5 min read | 05.05.25