R.J. Williams Company, Richard J. Williams and Fireman's Fund Insurance Company v. Fort Belknap Housing Authority

The Fort Belknap Housing Authority (“Housing Authority”) is an entity created by tribal law of the Fort Belknap Indian community and established in accordance with 42 U.S.C. § 1437 et seq. and 24 C.F.R. pt. 805. Its purpose is to administer housing projects for the tribe. In connection with a contract dispute, a contractor sued the Housing Authority and was awarded damages in excess of $98,000. The Housing Authority now appeals, claiming the district court had no subject matter jurisdiction over the case. We find that resolution of this question involves a matter not for us to decide, and accordingly reverse and remand.

I. Statement of Facts

R.J. Williams Construction Company is a partnership of two Washington residents, Tom Williams and Richard J. Williams. Williams Brothers Building Contractors (“Williams Brothers”) is a joint venture between two Montana corporations. Richard Williams serves as president of Williams Brothers.

In October 1976, Williams Brothers contracted with the Housing Authority to build 50 single-family houses. As part of the contract, Williams Brothers agreed to complete or correct deficiencies in its work or materials that appeared within one year of…