I have a bachelor degree in architecture, and I am trying to get the hours in order to get my license. I was working in a house design, and I did the basic design where I defined the differences spatial conditions in facades and plants. I sent the autocad drawings to the General Contractor in May 29th. After that, I tried to negociate my fees for the desing but the GC and the clients didn't approve my rate. I decided to stop continuing with the project but they want to still using my desing without paying me. I sent an invoice for the hours worked in order to give them the oportunity to use my intelectual property, but they have not paid yet, and it seems to me that they don't want to pay and still continue using my design. I would like to know if I have the rigth to put a notice to owner to the clients and the GC, and start the process if they don't pay me. Best regards, Luz Adriana Jimenez 321-337-8456
Texas Property Code section 53.021 sets out who may be entitled to file a mechanic's lien and states:
"(c) An architect, engineer, or surveyor who prepares a plan or plat under or by virtue of a written contract with the owner or the owner's agent, trustee, or receiver in connection with the actual or proposed design, construction, or repair of improvements on real property or the location of the boundaries of real property has a lien on the property."
To qualify, the plan preparer in your situation would have to be an Architect, which it appears that you are not as yet. The claimant would also need to have a written contract which it appears you do not have as yet.
You need to create a paper trail, so consider preparing a letter to mail by certified mail, return receipt requested, to your customer to set out the facts and to demand the relief that you want. Make sure that your letter is professional and business like as it may be evidence later.
If you do not get satisfaction, and your claim is less than $20,000 consider filing suit in small claims court, using your letter as evidence.
Good luck.