Rose Consulting Law Firm

04/30/2025

Our firm will be headed to Louisville, Kentucky in 2 weeks for the Society of American Military Engineers Joint Engineer Training Conference. We will be at Booth 561 in the Exhibit Hall all week and look forward to meeting and speaking with participants.

10/23/2024

Some of my educated scholarly friends have made comments about what Freedom of Speech means of implies in our Constitution. I would rather take its actual meaning from James Madison, the editor of the Bill of Rights:

“Our First Amendment freedoms give us the right to think what we like and say what we please. And if we the people are to govern ourselves, we must have these rights, even if they are misused by a minority.”

Given he was elected President and served from 1809-1817, he must have been somewhat respected. I think I will go with what the drafter of the thing thought it meant than a reconstructionist who wishes to make it suit their own definition and purpose.

How about you?

08/24/2024

Looking forward to a fun night of giving at the Beaches Emergency Assistance Ministry Fundraiser tonight. Danielle Rose has been a supporter of this wonderful organization long before I met her and Rose Law is now a part of its supporters as well.

03/06/2024

While it was not front page news this week, at least not on the networks, a major decision was handed down yesterday on whether President Trump could be barred from state ballots for President by state action.

Much more aptly put than I could, despite some pretty brilliant arguing at the Colorado District and State Supreme Court level, the bottom line of why they were in error is pretty simple.

The argument. The state was that Article 3 (the post Civil War Reconstruction Section of the 14th Amendment) was passed after the War in 1868 to prevent Confederates who previously held a Federal office (prior to the War) from again holding office. At the time it was ratified because even the Southern States did not want Senators and Representatives standing up in Congress yelling “The South is gonna rise again.”

However, whether or not a candidate is eligible to be placed on the ballot under Section 3, was ultimately determined to be the sole purview of Congress.

This makes sense if one thinks about the jurisprudential concerns. What would happen if individual states had the power to challenge candidates for President? Well, as an example let’s say 45 states wanted one person. 5 do not want to certify them in the ballot and in that case a weaker candidate would be proceeded by that party and the election (for the entire country) would be skewed. This would take the rights away from the 50 states to allow their citizens to vote for and elect whom they wish in the election at the instance of a state or two who found fault with a candidate. Do we really want to litigate a candidates eligibility in 50 different state proceedings. This would also preclude any average person from running as all their campaign funds would go to litigation.

I understand this is not what my more Liberal leaning friends wish to hear, but the Suoreme Court made the right decision. Just because the results did not meet the hopes and desires of a political party does not mean the reasoning of a unanimous court - yes there are 5 Republicans and 4 Democrats in the Court, so just like we were told in the last election - accept the results and Democracy is preserved.

Perhaps the bigger question one should ask is “why wasn’t such a monumental Constitutional Law decision discussed more thoroughly and publically on CNN and MSNBC?”

11/27/2023

If you are not into law (pretty boring) you may not be familiar with “Chevron Deference” but briefly it’s a concept that arose from a case 40 or so years ago (Chevron vs NRDC) that set the standard that an agency charged with administering a certain kind of law (eg Small business for SBA, or Health Department for Health laws, etc) could make interpretations of a statute beyond what the Legislature specifically stated of that information was reasonable. I think after COVID we see where that has gotten us.

Anyway, 2 cases are before the Supreme Court to be heard in January that may alter this “deference” to agencies and it has my community reeling. Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, two cases that directly challenge the legitimacy of the Chevron framework may give power back to citizens in how our government is run. Cross your fingers patriots. More to follow in the New Year.

10/31/2022

We will be attending/exhibiting/speaking at the Society of American Military Engineers 🇺🇸 this week in Nashville Tennessee for their annual Small Business Conference among almost 4000 attendees. Please feel free to come by the booth to chat or to receive a brief free legal consultation about any small business government contracting issues that you may be having.

It’s not every day you get a lawyer for free so take advantage of this opportunity while we are “off the clock!”

01/29/2021

DO YOU YOU HOLD A CONTRACT TO BUILD THE WALL TO PROTECT OUR SOUTHERN BORDERS

HAVE YOU RECEIVED A NOTICE TO STOP WORK UNDER FAR 52.242-15?

The new Administration appears to be altering contracts entered into by contractors and the initial manner of addressing its new approach is to issue 90-day stop work orders under the authority of the Federal Acquisition Regulation found at FAR 52.242-15.
If your company has been the victim or target of a stop work order, you need to begin taking steps immediately. Some are required by regulation; others are simply prudent. In this article, we will attempt to provide some suggestions on how to manage this sucker punch to your gut, and hopefully, survive this economic loss.
Upon receipt, you are required to take the following steps: stop all work on the affected contract and reduce or preferably eliminate incurring costs to the contract the maximum extent possible. As a caveat to all this – document everything you do!
If you have subcontractors working for you on this effort, notify them and share this information to assist them in minimizing their costs.
In many instances there will be costs created by the stop work order, and costs that will not be able to be completely curtailed. Be sure to document and write up justifications for each of these. Examples might be unexpired leases where the cost to cancel the lease outweighs keeping it in place. You have a duty to preserve the assets at the worksite so you will need to discuss with the Contracting Officer what they wish you to do in that regard. Is it cheaper to rent a portable storage building or keep a worker on site to watch over the site? Do you need to secure partial structures, finish a roof to prevent further degradation of in-place partial construction, etc.? Again, some of these should be placed in RFIs in writing to the contracting officer for clarification and documentation. If you ask for guidance on an issue like these, and there is a danger of damage to the project, if you are acting in good faith, perhaps send an email to the contracting officer, copying the COR and PM and say if you do not receive a response you will move forward with taking the minimum steps to preserve the government’s asset which includes …. and describe the steps you are taking.
Assuming, as it what is currently occurring with the border wall, the stop work orders are for the maximum – (90 days) – prior to the expiration or upon the expiration of the 90 days, the government has to lift the stop work order, extend it or terminate the contract. If they do nothing, on day 90, it automatically lifts. Rather than take chances; however, communicate with the contracting officer.
Another important point – when the stop work order either is terminated, or work is restarted, you only have 30 days to submit a Request for Equitable Adjustment to the contract performance schedule and submission of any costs incurred as a result of the stop work order to the contracting officer. Do not miss this deadline.
The following is a list that is not all inclusive of costs that may be incurred to consider throughout the stop work and remobilization period:
Management Costs
Severance costs as well as any increased unemployment taxation costs incurred during the stop work period
Idle time and facilities (ask the contracting officer if they will allow time for remobilization – in writing – or if they expect you to be ready as soon as the order is lifted)
Additional or alternate personnel required
Unabsorbed Overhead – this claim is actually recognized by DCAA as a claim for unabsorbed overhead to recoup overhead costs that had to be reallocated against other work because this project was no longer available to absorb them as part of the indirect labor and overhead stream
Cost of bonding that was frozen during the period (arguable lost opportunity)
Remember the costs of preparing the REA are included in the REA (attorney fees)
Cost of facilities sitting idle
Recruitment fees if personnel are lost and need to be rehired
Remobilization costs
If inflation occurs account for that cost at start up
Profit on any additional costs
Any claimed additional subcontractor costs
Other consultant costs such as accountants and business advisers

09/11/2020

Proud and humbled to have been selected as the Chair of the Military Engagement Subcommittee for the Society of American Military Engineers today. As a corollary I was also asked to be the legal advisor for diversity and inclusion which duty I will also take with great personal care and adherence to the standards of professionalism inherent in our great society.

The Society of American Military Engineers is the premier professional military engineering association in the United States. Founded in 1920, SAME unites public and private sector individuals and organizations from across the architecture, engineering, construction, environmental, facility manageme...

09/08/2020

Rose Law is proud to be a sponsor for the

Children’s Advocacy Center of Lowndes County, Inc.

2nd Annual Anchored In Hope Benefit Dinner

Guest Speaker: Mr. John Walsh

Victims’ Rights Advocate, Host of CNN’s The Hunt with John Walsh

John Walsh is living proof that one person can make a difference. As he tells his audiences—if you believe in something and put your passion in service of it, you will find plenty of good people to support you, and to help you achieve your dreams–no matter how great or small your mission.

Again, we are proud to assist the Children’s Advocacy Center in its fund raising efforts to support this much needed cause in South Georgia. Our senior partner, David Rose is an avid supporter of this cause, an executive board member for the South Georgia Council Boy Scouts of America, SAME’s National STEM Camps as a supporter and annual volunteer mentor and The Haven, one of South Georgia’s premiere shelters to victims of domestic violence and sexual assault.