Case Results


October 2014

On October 10, 2014, Alpha Terra Engineering, Inc. (“Petitioner”) filed a Motion and Application for Attorneys' Fees and Expenses (“Fee Petition”) with the U.S. Small Business Administration Office of Hearings and Appeals (“OHA”). See 5 U.S.C. § 504; 13 C.F.R. §§ 134.102(g), 134.601-618. Petitioner claims that, as the prevailing party in Alpha Terra Engineering. Inc.. SBA No. Vet-238 (2013), Petitioner is entitled to reimbursement for attorney fees expended in furtherance of the named appeal. On February 25, 2013, the U.S. Small Business Administration (“SBA” or the “Agency”) filed a Response in which it argued that Petitioner is not eligible for reimbursement of attorney fees because the underlying proceedings do not qualify as an ““adversary adjudication” under SBA's regulations or the Equal Access to Justice Act (“EAJA”).

Rose was one of the firms which successfully represented Alpha Terra in this case and made a successful application for attorneys fees under the equal Access to Justice Act. The Court awarded the claimed amount of $30,106.51 as asked for in the petition.

Practice area(s): Administrative Law, Appeals, Business, Contracts / Agreements, Government, Lawsuits / Disputes, Litigation, Administrative Law

Court: SBA Office of Hearings and Appeals

David Rose

David A. Rose, Esq., is a senior member of the firm practicing throughout the United States and internationally based in Georgia. In addition to Federal Contracts and Procurement law, he assists companies and corporations with business formation issues (LLCs, Domestic Corporations, Joint Ventures, Teaming Arrangements, 8(a) and Small Disadvantaged Applications to SBA, Mentor Protégé, Affiliation and Ostensible Subcontractor Issues, etc.) and with the establishment of subsidiary entities in foreign locations from the Caribbean to the Mid and Far East. With more than 20 years of experience, the former Deputy General Counsel (Deputy Staff Judge Advocate) of the Air Force Center for Engineering and Environmental Excellence, oversaw the legal program for execution of over $4 Billion in Federal contracts each year. Dave has served at senior positions in Korea, Japan, Germany, Great Britain and the Pentagon and now brings that breadth of knowledge and experience to the commercial sector. His background is complemented by degrees in chemistry, mathematics, a jurisdoctorate, and post doctoral degrees in environmental law and procurement law from George Washington University. He was most recently selected as the 2011 SAME National Industry Small Business Advocate. He is active in the State Bar of Georgia, US Court of Federal Claims, US Tax Court, Armed Services Board of Contract Appeals, Fulton County Bar Association, the Society of American Military Engineers, the American Society of Civil Engineers, and the Judge Advocates Association. He currently holds the active rank of Lt Col in the United States Air Force Reserves and the position of Deputy Staff Judge Advocate (Cat A) to the Headquarters, United States Air Force Reserves where he is one of the primary legal advisers to the Commanding Officer of the Air Force Reserves, Lt General Scobee.

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