I am not sure what I need to do. I have sent my Preliminary Notice and notice of Intent to lean. Here are my issues. The couples names are Rick and Dena. They own the house where my work was done which is in Burleson. No one lives in the house because it is now on the market. They live in Fort Worth. I could not find a email address for Rick and levelset mailed certified letter to the Fort Worth address. I get this from USPS saying No Such Number, FORT WORTH, TX 76102, October 3, 2022, 9:30 am. No Such Number FORT WORTH, TX 76102 October 3, 2022, 9:09 am I know the address in correct. So the email I had found for Dena is no good. She was also sent a certified letter but says Notice Left (No Authorized Recipient Available) Rick was in Europe for a month and his pool guy was the one I was communicating through as well as Rick through a 3 way text messages. I have Darrell the pool guy was acting like the GC so he got emailed which show he opened it but got Notice Left (No Authorized Recipient Available). So not sure what I need to do to be able to get the certified letters to them. They do own a bar/restaurant in Burleson. What do I need to do now?
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. Mail or deliver the letter to the restaurant or anywhere else the customers may be located.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.
Please note that 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.
Good luck.