I am a contractor that worked on a property for a roof replacement. The owner had two properties and was wanting to get both roofs done. Unfortunately the owner decided to only want one of the roofs done and signed a contract for the one property they wanted to complete. We had started the Roof on the wrong property and completed both roofs in agreement that she would pay us for the second property by June. We have not received the payment for the property that we agreed from the owner to pay at a later date. The work was done by April 15th. What do you recommend to work and recover the payment that has not been paid? Not sure of a Demand letter or Mechanics Lien on property, we are in Texas.
You really should retain a construction attorney to review and evaluate your legal position based on the subcontract 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 the subcontractor's lien was proper and appropriate.
Filing an invalid lien could subject the filer to liability under the Texas Fraudulent Lien Act, and the filer could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees.
You should consider preparing a letter to mail by certified mail, return receipt requested, to the homeowner 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.