We did work for Frito Lay & the contractor has continued to lead us to believe that they will pay but has failed to do so. We have sent monthly statements via Quickbooks and asked for updates. Each invoice has also been emailed individually. We also have signatures on each day the work was completed where the customers agrees to pay the total amount and confirms completion of work. We do crane work btw. Please let me know if quickbook statements or job site tickets count as a Texas Monthly Notice?
The short answer to your question is probably not. For a mechanics lien you are required to send your notice to both the general contractor and the property owner. If you did that, you are on the right track. However, since you emailed your notice, you'd have a tough time proving the contractor and owner received your notice. Our firm sends the notices by USPS priority mail return receipt requested so that we know the recipient received it.
On top of that, your notice should include the owners name (Frito Lay) and the general contractors name, plus the amount owed, and a general description of the work. These three are essential. You also will usually want a short sentence or two stating that it is a notice of intent to lien. If you did not inlcude all of that in your notice, you most likely will not have a valid lien, should you file one.
Assuming the amount you are owed is substantantial enough (only you can determine this), you should contact an attorney immediately. Keep in mind that the timing of your notice is strictly dictated by Texas statute and you usually only have 2-3 months max to send your proper notice. If you are still within this 2-3 month time frame, contact an attorney and get your notices sent out ASAP. You don't want to lose your ability to file your lien.
If you decide you need an attorney, you can give us a call at Murphy Legal. Our phone number is (979) 690-0800. We work all across Texas. Good luck to you.