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From “concept through completion” or “dirt to done,” clients have come to rely on Tami Boeck for her pragmatic business approach and 30 years of experience representing a wide variety of clients in all areas of project development. Tami routinely advises owners, developers, and general contractors, primarily in California, Idaho, and Nevada. Whether it is advising clients regarding development insurance risks and coverage disputes, pre-project and project contracting risk management (RM) advice relating to project design and development or construction, or dispute resolution in ADR or litigation, she approaches each matter with a focus on the client’s goal and best interests, utilizing a broad range of practical knowledge for her client’s benefit in mitigating disputes or representing clients in litigation where necessary. Tami’s early background representing insurers in coverage claims has also served her policy-holder clients well regarding project protection and in coverage analysis or disputes.

Idaho’s Supreme Court recently issued a new opinion discussing the requirements to form a valid lease agreement. Unfortunately, the case raises as many questions as it answers.

In 616 Inc. v. Mae Properties, LLC, No. 49190 (Feb. 8, 2023), the court reminded us that four necessary terms must be agreed upon to create an enforceable lease: (1) a definite agreement as to the extent and bounds of the property leased; (2) a definite and agreed term (length of time); (3) a definite and agreed price of rental, and (4) the time and manner of payment. If any of those essential terms are left for future negotiations, no lease comes into being and the parties are left with an unenforceable “agreement to agree.” In addition, if the length of the lease term is more than one year, the lease will not be enforceable against a party unless the four essential elements are memorialized in a writing that is signed by that party. The court may, however, overlook the lack of a signed writing in cases where the contract has been partially performed if there is other sufficient evidence of agreement on all the essential terms.Continue Reading Idaho’s Supreme Court Raises New Questions About the Essential Elements of a Lease