Home>Levelset Community>Legal Help>We have a project in Calif., it is on Tribal Lands. Should we send a preliminary notice? Thank you, Pam

We have a project in Calif., it is on Tribal Lands. Should we send a preliminary notice? Thank you, Pam

California

Anonymous Contractor

Hi, We have a customer working on a project - Hard Rock Fire Mountain Hotel & Casino - The project is located in Yuba County, Calif. The owner is ESTOM YUMEKA MATDU TRIBE, of Oroville, Calif. I think we are not supposed to do a preliminary notice for Tribal Lands? Thank you, Pam

2 replies

Alex Benarroche

Construction Lawyer

Levelset Admin at Levelset

| 334 reviews

Apr 19, 2019

Great question! While your instincts are correct, it's not a completely accurate statement. Tribal lands have sovereign immunity meaning federal and state law does not apply. Since mechanics lien rights are created by state law, it stands to reason that mechanics lien protections don’t exist on tribal lands. Tribal lands are “construct-at-your-own-risk” territory. We thought this was such an interesting topic, we wrote a whole article on it: Do Lien Rights Exist on Native American Land? It may be worth exploring if there is a bond posted on the project. It's a long shot, but still a possibility. Anyways, there’s no reason not to send a preliminary notice. Regardless if you actually have the ability to file a lien claim or not. Preliminary notices serve more functions than just preserving your lien rights. Notices can also help promote visibility on a project by letting the owner know who you are and what services you are providing. Which can ideally result in getting paid faster.

NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such.
Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.See More...See More...

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Keira Cross

developer at RATEMYCASINO

May 27, 2023

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