Monday, May 21, 2012

Reservations about Construction for Indian Tribes

I recently received a request to place a mechanic's lien against a job located on Indian property.  Apparently, there has been a boom in casino construction and tribes are hiring from outside the tribe.  With this rise of construction on tribal land come questions as to the rights that suppliers and contractors have.  Of the many legal aspects, Sovereign Immunity is what ultimately protects the Indians from the laws of the United States as well as the laws of each individual state.  What it all boils down to is that the mechanic's lien law does not apply since the property is not state or federal land.

Before signing a contract with an Indian Tribe, I suggest reading “Construction Contracts with Indian Tribes or on Tribal Land.”written by Edward Rubacha, an attorney with Jennings, Haug, & Cunningham, LLP.

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