Builder Beware of Tribal Sovereign Immunity Doctrine

While our Supreme Court doesn’t often weigh into this issue, today’s case applying the tribal sovereign immunity doctrine to bar a race discrimination claim filed by a pipe-fitter and equipment operator on a construction project is a useful reminder of the potency of this defense for tribal owners.  Any builder looking to do any work in any way related to tribal business needs to craft its contract to obtain a modified waiver of immunity from the client before proceeding with the work.