Architect’s Aesthetic Choices Were Compensable Changes

Claims for increased costs for precast concrete work were granted in part by the Civilian Board of Contract Appeals because the government’s architect changed contract requirements. The construction contract required a combination of smooth and acid-etched finishes for precast concrete used as the facing for various structures. The contract specified the precast was to appear […]

Plastic Baby Bottle Settlement Agreement Approved

by Jody Coultas, State Unfair Trade Practices Law An agreement to settle a consumer protection class action filed by baby product purchasers was approved as a fair, adequate, and reasonable by the federal district court in Kansas City. A class of baby product purchasers was certified for settlement purposes. Baby product purchasers filed a multi-state […]

Arbitration Provision Limitations Were Not Unconscionable

by Peter Reap, Legal Editor, CCH Business Franchise Guide. A California trial court erred in denying a motion by a franchisor of supermarket sushi bars to compel arbitration of its dispute with a franchisee, according to a California appellate court. Even if the arbitration provision’s delegation clause –which specified that an arbitrator and not a […]

Increase of Dealer Rents Was Not “Material Modification”

by Peter Reap, Legal Editor, CCH Business Franchise Guide. A gasoline station franchisor did not violate the California Franchise Investment Law’s (CFIL’s) disclosure requirements by failing to make required disclosures when it increased the rent charged to many of its franchisees, according to a federal district court in San Jose, California. Thus, the franchisor’s motion […]

Husband, Wife Did Not Form Association-in-Fact Enterprise

by Mark Engstrom, Legal Editor, RICO BUSINESS DISPUTES GUIDE A husband and wife doing business under a fictitious business name could not form an association-in-fact enterprise for the purpose of stating a RICO claim, the federal district court in Sacramento, California, as ruled. A company that provided engineering services for the government of India alleged […]

Threat of U.S. Challenge Leads Nasdaq to Abandon Pursuit of NYSE

by Jeffrey May, CCH Trade Regulation Reports Nasdaq OMX Group, Inc. and IntercontinentalExchange (ICE) have withdrawn their proposal to acquire NYSE Euronext in the face of antitrust objections from the Department of Justice. Under the proposal, rejected by NYSE, Nasdaq would have gained control over NYSE’s stock listings business, stock trading venues, and market data […]

Rule Seeks to Minimize DoD’s Use of Hexavalent Chromium

The Department of Defense has issued a final rule that amends the Defense Federal Acquisition Regulation Supplement by implementing requirements for minimizing the use of materials containing hexavalent chromium in items acquired by DoD. Hexavalent chromium is a chemical that has been used in numerous DoD weapons systems and platforms due to its corrosion protection […]

Sub Could Bring Breach Claim as Third-Party Beneficiary

An unpaid subcontractor had standing to sue the government for breach of contract, according to the Court of Federal Claims, because it was an intended third-party beneficiary of a contract modification. After the prime contractor failed to pay the subcontractor for flooring work pursuant to a purchase order, the subcontractor requested the contracting officer’s assistance […]

Use of employee recognition programs has declined slightly, but still important component of employee rewards

A survey released this week by WorldatWork shows employee recognition has declined slightly: 86 percent of companies use recognition programs as part of their rewards tool kit, down from 89 percent in 2008. Fourteen percent of companies report not having any recognition programs in place whatsoever and 10 percent report eliminating some recognition offerings in […]

Hospice wage index Proposed rule issued for fiscal year 2012

Medicare and Medicaid Hospice wage index Proposed rule issued for fiscal year 2012 CMS has proposed the new hospice wage index for fiscal year (FY) 2012 which would increase Medicare payments to hospices by an estimated 2.3 percent for FY 2012, and CMS expects Medicare hospice payments to increase by $310 million overall in FY […]