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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

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

1 reply

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.
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