Bachner Company, Inc. v. State of Alaska, Department of Administration, Division of General Services, State of…

Summary

The court affirmed the agency's determination that the State's delayed payment for 1,400 square feet of formerly free space was not a material breach and that the lease therefore remained in effect when the State renewed it. The court held that Bachner's conduct did not clearly exercise an option to terminate the lease. It remanded only Bachner's claim for rent for additional, unlisted space after October 2013 because the waiver relied on by the agency covered only the initial lease term.