we were hired for labor from 9-23-2021 to 10-8-2021, have held our payment and now want to deduct back charges that we are not responsible for. I have sent via email and certified mail payment reminders.
We need more facts to answer your question. First of all, who is "we"? Are you a company? Or an individual? If you are an individual laborer, you may still have lien rights. If you are a company, you needed to serve a notice to owner by November 8, 2021 to have lien rights.
The intent to lien has no legal effect. If you did serve a notice to owner on or before November 8, 2021, then you have lien rights. If you did not, then you do not have lien rights.