Kevin Falvo’s legal practice encompasses a broad array of real estate and corporate-related transactional work. Working with a diverse set of clients, Mr. Falvo has assisted for-profit and non-profit developers, Low-Income Housing Tax Credit (“LIHTC”) developers, financial institutions, industrial manufacturers, private equity companies, and real estate investors and firms through a variety of transactional concerns involving complex real estate acquisition and development, real estate financing, commercial and residential leasing, land-use restrictions, transaction closing support, membership interest acquisition and sale, asset purchases, contract drafting and negotiation, and corporate restructuring. In addition, Mr. Falvo assists clients with preliminary commercial disputes leveraging a multitude of demands, letters, official communications with government agencies, pre-trial motions, lien-filings, and support to small claims to reach his clients’ stated goals.
As an integral part of the transaction process, Kevin has significant exposure to corporate formation and governance, the drafting of complex partnership and operating agreements, master development agreements, partnership interest purchase, and sale contracts, asset purchase agreements, residential and commercial leases, developer fee assignments, financing documents, ground leases and amendments, easement agreements, Payment in-lieu of Taxes (“PILOTs”), related legislation, and a multitude of other transaction-oriented documents.
Mr. Falvo graduated as a Distinguished Military Student with a Bachelor of Arts from Villanova University in 2004 and earned a Juris Doctorate from the University of Houston Law Center in 2015. He is admitted to practice law in both Texas and Colorado.
Before becoming an attorney, Kevin spent several years as a Cavalry Officer in the United States Army. Following his military career, Mr. Falvo served as the Chief Operating Officer of a start-up energy brokerage firm.
Mr. Falvo is an active member of both the Colorado and Texas Bar and is a lifetime member of the 3d Armored Cavalry Association.
When Kevin is not working hard for his clients, he enjoys skiing the Colorado backcountry, backpacking to remote alpine lakes, and cycling along the Front Range.
Real Estate Law
Mr. Falvo’s real estate work encompasses a multitude of projects from small single-family dwelling units to large regional shopping centers. He regularly assists his clients with commercial and residential lease drafting and negotiation, traditional title review and title defect resolution, land acquisition and disposition activities, boundary line and easement dispute resolution, special district work, and land entitlement. Mr. Falvo also has substantial experience supporting financial institutions through commercial real estate development lending and closing assistance.
Additionally, Kevin has garnered specialized experience assisting Low-Income Housing Tax Credit (“LIHTC”) developers (for-profit and nonprofit), syndicators, investors, and housing authorities through developer and investor-focused transactions, credit and portfolio acquisitions, LIHTC application assistance, and compliance-related matters. In addition, Mr. Falvo has assisted with LIHTC projects utilizing private activity tax-exempt bonds and mixed financing.
Mr. Falvo’s corporate clients are both small-business owners and multi-member LLCs who benefit from his experience drafting complex corporate agreements, supporting corporate formation, acquisition, and sale activities, including individual membership interests, and corporate restructuring and oversight. Kevin further assists clients with early dispute resolution support, working diligently to resolve OSHA and Colorado Department of Labor disputes prior to litigation, and guiding small business holders from corporate formation and start-up, to small-claims court and other economical judicial remedies when disputes arise.
EDUCATION & ADMISSIONS
University of Houston Law Center, 2015
BACHELOR OF ARTS
Updated Client Alert: Current State of Colorado Eviction Procedure and Other Changes to Landlord-Tenant Law Effective October 4, 2021.
As of October 4, 2021, the 30-day notice requirement for filing a residential eviction suit for failure to pay rent has expired and Governor Polis has stated that he does not intend to renew that protection. Governor Polis had previously extended Executive Orders D...
On Tuesday, November 17, 2020, managing partner, Giovanni Ruscitti, moderated a panel on "Workouts and Workarounds" within the Boulder Valley commercial real estate industry. This session was part of BizWest's annual Boulder Valley Real Estate Conference. Joining him...
On June 13, 2020, Governor Polis issued an executive order temporarily curtailing eviction proceedings to provide relief to Coloradans affected by COVID-19. Since then, the Governor has issued a series of extensions and added requirements on how evictions may proceed....
In the News
BizWest announced the 2022 Boulder Valley 40 Under Forty on May 4, 2022. Honored among the "40", is firm director of marketing, Ashley Cawthorn. She recounts her initial days with the firm and why being a part of Berg Hill Greenleaf Ruscitti was the perfect fit. "I...
Partner Rudy Verner joined four panelists in kicking off BizWest's Net Zero Cities event held at The Ranch Event Complex in Loveland, CO this morning, May 4, 2022. The session titled 'Climate-Action Bootcamp' was geared toward the private sector and went beyond the...
For nearly five years, Berg Hill Greenleaf Ruscitti has supported Boulder Ballet. We were honored to continue this tradition and support for the arts this year and look forward to the years to come. Images by Amanda Tipton Photography | FB- Amanda Tipton-Photographer...
CA CLIENT ALERT: The Supreme Court Holds That Individual Claims Brought Under California’s Private Attorneys General Act Can Be Compelled to Arbitration
California employers scored a victory with the Supreme Court’s June 15, 2022 decision in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, which finds that individual claims brought under California’s Private Attorneys General Act (“PAGA”) can be compelled...
In an article published in the Daily Camera today, Monday, April 25, partner Kathleen Alt offers some updates on the complexities of remote work, particularly, out-of-state remote workers. Check out the article here*. Writer: Paula Aven Gladych Contributors: Kathleen...
Client Alert: Colorado – New Criminal Penalties for Employer’s Use of Illegal Non-Compete Agreements
Buried within recent legislation passed by the Colorado General Assembly lies a provision that will likely materially alter the relationship between employers and their employees. Colorado has long disfavored the restrictive covenants utilized by employers to curtail...