We are entering into a contract as a GC with the Navajo Nation for a sewer rehabilitation project on tribal property. Is there anything specific that we should do to secure our payment rights?
I highly recommend that you consult a lawyer that practices Indian law before entering into a contract with a tribal entity. Indian tribes have sovereign immunity. If the contract is not done correctly in accordance with the tribe's requirements, they do not have to pay you and you cannot sue them in court to recover. It is nothing like contracting with an American company at all, no matter what the contract says. Indian lawyers are expensive, but nowhere near as expensive as getting stiffed by a trial entity and having no recourse, which happens all the time.
Please feel free to contact me if you would like to discuss this matter further. jab@jhc.law or 602-234-7849 (direct)