58659

Leviathan Corporation

May 12, 2016Judge O'Connell
Denied / Government PrevailedCDA Jurisdiction

Leviathan Corporation appealed a government motion to dismiss for lack of jurisdiction regarding a contract dispute. The Board denied the motion, allowing the appeal to proceed.

Material Facts

  • The contract was awarded by the Coalition Provisional Authority in Iraq to Trident International on 29 October 2003.
  • Leviathan Corporation delivered various items of clothing that were accepted by United States military personnel.
  • The CPA dissolved on 28 June 2004, transferring power to the Iraqi Interim Government.
  • Appellant experienced difficulties in obtaining payment for the furnished goods, with a calculated difference of $1,221,701.41.
  • Modification No. A00002 provided for payment of $254,903.92 and constituted a full release and accord between Trident International, the Government of Iraq, and the United States Government.
  • Despite the modification, appellant did not receive payment and inquired about it for nearly five years.
  • A final decision issued on 6 May 2013 stated that the claim could not be processed due to poor documentation.

Parties

Appellant
Leviathan Corporation
Respondent Agency
Army
Contract Number
DAB VO 1-03-D-OOO 1
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