Completed work on 7/2020 which was part of an insurance claim. once we were completed we submitted our final invoice to the insurance for the release of their final recoverable depreciation. Months go by and thanks to covid, we were having difficulty reaching the adjuster to get an update regarding the final amount due. We were finally able to reach the adjuster who advised that the final payment had been released to the customer on 11/2020 and confirmed that the check had been cashed. We reached out to the customer several times throughout this process and were not successful. We sent an intent to file lien which prompted him to call our office and admit to us that he had spent the funds paid by the insurance company for our final amount due and would need time to pay the amount. He made a payment of $1000.00 on 4/29/2021 and stated that he would pay the remaining off as soon as he had this tax return. We were not able get a hold of him after several attempts and our final attempt he answered and disconnected the call.
The legal analysis would start with a review of your contract, and then extend to any communications which have occurred.
You do not mention what kind of property (residential or commercial). Regardless, if you completed your work in July 2020, you have missed the deadline for filing a statutory mechanic's lien.
If the property is the owner's homestead (meaning that the owner owns the property and lives there) then your contract with the owner would have to satisfy the requirements of Texas Property Code sections 53.254, et seq., which requires specified homestead lien warnings, signing by husband and wife, and recordation in the county property records.
You really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if you file a lien, you have properly and appropriately done so.
Filing an invalid lien could subject you to liability under the Texas Fraudulent Lien Act, and you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. Facing such a claim would add insult to injury.
You should consider preparing a letter to mail by certified mail, return receipt requested, to your customer to set out the facts and to demand the relief that you want. Attach to the letter the contract, invoice, and photographs of the completed work. Make sure that your letter is professional and business like as it may be evidence later.
If the customer does not respond or respond satisfactorily, you should consider filing suit in small claims court, using the letter as evidence.
Good luck.