I am in Texas. In my contract's General Conditions, I cannot file Lien. If I file would it be a breach of contract??? Thanks mbhatti@avsservices.com
Without looking at your contract, if it says that you cannot file a lien, you probably shouldn't file a lien. It would most likely be a breach.
With that being said, that does not mean you are out of options. One of the more effective ways at getting paid is to send a demand letter. You can draft one yourself or you can have a law firm draft one for you. What our firm does when we draft a demand letter is we send it out by regular mail and certified mail return receipt requested. That way you know when the recipeint received your demand and, if they don't respond, you know they are choosing to ignore you.
Our letters usually demand full payment and give the recipient a certain deadline to respond and/or send the payment. If they don't meet that deadline we warn them that we will take legal action. At the very least, you probably have a claim for breach of contract if you completed the work and were not paid for it.
Whether you decide to write a demand on your own or hire a lawyer to write one for you is up to you, obviously. You may decide this isn't enough money to hire a law firm over and that is totally understandable as you have a business to run. However, if you decide you need some assistance with this issue, feel free to give Murphy Legal a call. Our phone number is (979) 690-0800. We take care of clients all across Texas.
Good luck!