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Efforts Expected of a Contractor When Efforts Clauses Are in Dispute

Originally published by the Daily Journal of Commerce on May 18, 2023. You will often see in construction contracts terms directing the contractor to use “best efforts” or “reasonable efforts” or “commercially reasonable...more

Idaho’s Supreme Court Raises New Questions About the Essential Elements of a Lease

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....more

Three Tips for Owners and Contractors to Improve Success in 2021

Congratulations! It’s no longer 2020! Yet 2021 begins as déjà vu for the present time. We should anticipate a slow vaccine rollout, ongoing COVID-19 disruptions and possible shutdowns, the need to keep projects under strict...more

Idaho Real Estate & Development Law Update: Recent Case Highlights Vital Lessons for Holders of Rights of First Refusal

The Idaho Supreme Court provided important lessons to people who deal with rights of first refusal (ROFRs) on real property in its recent decision Mulberry v. Burns Concrete, Inc., No. 45184 (Idaho Feb. 21, 2019). A ROFR is a...more

Idaho Real Estate & Development Law Update: In Idaho, CC&R Amendments May Add New Burdens, Not Just Modify Existing Ones

In the recent case of Virgil Adams v. Kimberley One Townhouse, released June 22, 2015, the Idaho Supreme Court covered some new ground and revisited some old ground. The case involved a townhouse subdivision governed by a...more

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