Christopher Fallon

Christopher Fallon Associate

Christopher provides representation and legal counsel to school and community college district, special districts, independent schools, and non-profit entities.  His practice focuses on matters pertaining to business and facilities including general business contracts, construction contracts, and litigation. Christopher is also a LEED (Leadership in Energy Environmental Design) Green Associate, meaning he has been accredited by the U. S. Green Business Certification Inc. (GBCI) as a professional with extensive knowledge of green building practices, construction, and operations.  The LEED Green Associate is a highly accredited degree that recognizes individuals who specialize in green building practices and design, implementation, and regulatory requirements.

Christopher has substantial experience assisting clients in all manners of their business, transactional, contract, and property needs.  He prepares, reviews, and negotiates contracts on behalf of clients in numerous fields, including vendor, construction-related, lease, and employment agreements. 

He also has extensive experience assisting clients with a wide variety of construction issues, including construction litigation. His experience includes drafting, advising clients on, and negotiating all types of contracts, including contractor, architect, construction management, and program management agreements, requests for qualifications, requests for proposals, prequalification documents, joint use and joint occupancy agreements, and public bidding and construction documents.  Christopher also has extensive experience advising clients on the handling of stop payment notices, bid protests, and other construction-related issues, as well as numerous property issues such as leasing and disposing of surplus property.

Christopher also advises non-profit entities on corporate governance documents and issues, donation and fundraising issues, and other business, facilities, and contract-related counsel and advice.

Christopher also provides client support in all aspects of licensing and operation of preschool programs, rules and issues related to transitional- or pre-kindergarten programs, and addressing and appealing licensing reports and penalties.

Professional and Community Involvement

Chris is an active member of the Coalition for Adequate School Housing (CASH), California Association of School Business Officers (CASBO), California Council of School Attorneys (CCSA), and Community College Facility Coalition (CCFC).  He is also a LEED Green Associate. 

BUSINESS AND FACILITIES

Lease Agreement (2016-2017) – Prepared bid documents and negotiated and prepared a lease agreement between a community college district and a community group to allow regular monthly use of meeting space, and provide for construction improvements and upgrades of district buildings, at terms advantageous to the District.

Sale of Surplus Property (2014-2015) - Effected a successful sale of surplus property for over seven figures for the CCD.  The CCD sold the surplus property to the highest bidding private party after it sent all required public written offers and notices to various public and nonprofit entities.  We prepared the required public offers and notices related to the sale of the property and the necessary Board resolutions and findings permitting the District to sell the surplus property directly to a private party. Upon approval by the Board we prepared and negotiated the purchase agreement. We also helped the District negotiate a settlement with a high bidder when the bidder withdrew its bid and threatened to sue the District after trying to negotiate a lower purchase price than listed in its bid.  The District was able to keep the bidder’s non-refundable deposit and avoid litigation.  During escrow we assisted the District in producing the appropriate documentation and handled issues that arose during the transaction. Escrow closed on time and the District promptly received payment for the sale.

Merced Community College District - Sale of Surplus Property (2012) - Effected a successful sale of surplus property for over seven figures for the Merced CCD. MCCD sold the surplus property to a local K-12 school district. We prepared the necessary Board resolutions and findings permitting the District to sell the surplus property directly to another public entity. Upon approval by the Board, prepared and negotiated the purchase agreement. During escrow, assisted the District in producing the appropriate documentation and handled issues that arose during the transaction, including the need to have a Board approved an amendment to the purchase agreement. Escrow closed on time and the District promptly received payment for the sale.

LEASE FINANCE

Lease Purchase Merced CCD (2011) - Acted as District Counsel for $3.1 million lease-purchase transaction.  The project was extensive energy conservation measures throughout campus.

LITIGATION

Breach of Contract (2015) - Defended a special district in litigation brought by a health provider for breach of contract and estoppel claims. Successfully settled this matter for the client.

Breach of Contract (2014) - Defended a Community College District against breach of contract and fraud claims, based on a vendor's allegation that it was promised a 5-year contract but only received a 1-year contract.

Construction Litigation (2013) - Represented a community college district in litigation against a contractor that installed incorrect materials throughout a campus building. The damages were potentially in the millions of dollars. Navigated the case to a favorable settlement for the client.

Neighbor Boundary Dispute (2012) - Handled the pre-litigation phase of a boundary dispute; a neighbor was claiming it owned 10 feet of the District's land as it had used that strip of land for many years before the District bought the property.

Jul 10, 2020

Paycheck Protection Program Loan Application Period Extended To August 8, 2020

On July 4, 2020, the President signed the Paycheck Protection Program Extension Act (“Act”).  This Act extends the deadline for businesses and independent contractors to submit applications for the Small Business Administration’s (“SBA”) Paycheck Protection Program (“PPP”) Loans from June 30, 2020, to August 8, 2020.  The government extended this deadline to give small business the opportunity to obtain loans for the approximately $130 billion in allocated funds remaining in the SBA’s PPP Loan program.  Businesses may now submit applications to obtain a PPP Loan through August 8, 2020.  The Act did not modify any other PPP Loan program terms or loan forgiveness conditions.

Jun 12, 2020

Government Enacts “Paycheck Protection Program Flexibility Act of 2020” to Amend Paycheck Protection Program Loans

On June 5, 2020, the President signed into law the “Paycheck Protection Program Flexibility Act of 2020” (“PPP Act”) to amend the Small Business Administration’s (“SBA”) Paycheck Protection Program (“PPP”) Loan program enacted under the CARES Act.  The PPP Act modifies many of the PPP Loan program terms and loan forgiveness conditions to the benefit of PPP Loan borrowers.  

May 21, 2020

Small Business Administration (“SBA”) Releases Paycheck Protection Program (“PPP”) Loan Forgiveness Application

On May 15, 2020, the Small Business Administration (“SBA”) issued its Paycheck Protection Program (“PPP”) Loan Forgiveness Application and related instructions.  Organizations that received a PPP Loan must complete this Application and submit it to their lender to apply for forgiveness of that PPP Loan.  The Application and related instructions can be found here.

Apr 24, 2020

Small Business Administration (SBA) Provides Guidance on Good Faith Certifications Needed to Obtain a PPP Loan

Under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), banks and lenders may provide up to $349 billion in forgivable loans to small businesses under the Small Business Administration’s (“SBA”) Paycheck Protection Program (“PPP”).  Lenders exhausted the entire $349 billion set aside for PPP loans less than two weeks after the PPP loan program began.  On April 24, 2020, the federal government approved an additional $310 billion for the PPP loan program.

Apr 24, 2020

Small Business Administration (SBA) Provides Guidance on Good Faith Certifications Needed to Obtain a PPP Loan

Under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), banks and lenders may provide up to $349 billion in forgivable loans to small businesses under the Small Business Administration’s (“SBA”) Paycheck Protection Program (“PPP”).  Lenders exhausted the entire $349 billion set aside for PPP loans less than two weeks after the PPP loan program began.  On April 24, 2020, the federal government approved an additional $310 billion for the PPP loan program.

Apr 3, 2020

The CARES Act Provides Forgivable SBA Loans for Nonprofits to Help Pay Employees and Other Costs

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) authorizes banks and lenders to provide up to $349 billion in potentially forgivable loans to small businesses under the Small Business Administration’s (“SBA”) Paycheck Protection Program.  The CARES Act includes these federally backed loans to help small businesses pay their employees during the COVID-19 pandemic. This bulletin sets forth the pertinent information nonprofits need to know about these SBA loans.

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