We are currently a Sub contracted thru a GC doing work on a Reservation. The GC is looking like they aren't going to pay. Who can we lien?
2 replies
Mar 18, 2020
Not unless tribal law provides you with lien rights. Reservations are considered sovereign territory and California law will not apply on them unless the tribal government has specifically adopted one or more provisions of that law
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Mar 18, 2020
Mr. Lindborg is correct. However, you should procure a copy of the prime contract. If there is a flow-down clause of the prime contract into your subcontract, the tribe may have contracted with the general contractor to allow lien rights or for the dispute to occur "off the reservation," that is, triggering a different body of law, e.g., California law, to adjudicate construction disputes.