We're a subcontractor that did work on a project for a Native American tribe. The General Contractor is no longer responding to our emails or calls. There is still money owed to us which we have billed through signed change orders and a signed contract. We don't necessarily want to take action against the tribe as we know how complicated that would be. What we do want is some document directed toward the GC which we can also send to the tribe to get everyone's attention. What actions can we take from here that will get the GC to respond to us?
Your traditional payment remedies do not work against tribes in most circumstances because they have sovereign immunity and only can be sued if they consent to it. See Kiowa tribe of Okla. v. Manufacturing Technologies, Inc., 523 U.S. 751, 118 S.Ct. 1700, 140 L.Ed.2d 981 (1998).
The extent to which they have waived sovereign immunity will be outlined in their contract with the GC.
Most likely your best remedy is going to be to pursue the GC for breach of contract and if things escalate consider bringing in the tribe, or having the GC do so if this is a possibility under the contract.
The first step would be a demand letter issued to the GC, copying the tribe. You may want to consider retaining counsel for this step as a letter form an attorney will be more forceful. Email me at ryan@huntortmann.com to schedule a free consultation.