After several attempts to collect payment from the customer through all email documentations and phone calls, we were at the last attempt to be able to file a lien since it was the 90 days after project completion. We submitted the lien through the website. The customer has not stated that he was advised not to pay since there was no pre-lien sent out.
If you had a direct contractual relationship with the Owner, no preliminary notice is required - except to the construction lender if any. If you were a subcontractor or had a contractual relationship with a tenant, preliminary notice is required. But if the owner had actual knowledge of your work, there is an argument that the owner is estopped from defeating your lien claim on these grounds. Remember, you have 90 days from recording your lien to file and action to foreclose or the lien will expire. Use this time to send a demand letter in attempt to resolve this dispute. If the 90 days get's close, you will need to decide whether or not it is worthwhile to file a lawsuit.
To discuss further email me at ryan@huntortmann.com to set up a free telephone consultation.
It depends on your role (general contractor?), the type of project, and other relevant factors. If you can provide more information, a construction lawyer should be able to answer with more certainty.