We are a GC on a residential project that was completed on July 7th. When trying to get paid they decided they wanted us to do some clean up before payment so we went back out on August 8th. We have been asking for payment since then. They came back and said we weren't done with everything but they won't tell us what needs to be done. One of our company owners was supposed to met the customer out at the job to go over any items that they thought we missed but we got stood up. They wont email or text any kind of list of things they want completed. We have a Affidavit of Mechanics Lien ready to be sent but I'm not sure if I'm supposed to file the lien and then send the recorded lien to the customer or if we can send a copy of the lien that is going to get filed and then file the 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 the owner to set out the facts and to demand the relief that you want. Attach your unpaid invoices and photographs of your completed work. Make sure that your letter is professional and business like as it may be evidence later.
If need be, consider filing suit in small claims court (assuming that your claim is less than $20,000), using your letter as evidence.
Good luck.