I have a signed contract with the homeowner that allows me to speak to the insurance directly. This specific insurance company doesn't speak to us. I did not file a lien, and I want to know what my options are at this point. Thank you.
Hello,
File a lien if you are not past the deadline. If you are past the deadline, sue the property owner and their insurance should indemnify them, hopefully.
E. Aaron Cartwright III
214.799.0776
Info@EACLawyer.com
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 homeowner to set out the facts and to demand the relief that you want. Attach support for your claim such as your unpaid invoice(s). 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.