We are a subcontractor (HVAC Company) , we mainly work for residential new construction
Typically, a subcontractor has to provide the owner with notice of non-payment and a request to trap funds by the 15th day of the second month after the month that the labor or materials were provided to a residential project. Retain a construction attorney to review your situation and to provide advice. Good luck.
If you have contracted directly with the homeowner, there are no notice requirements. But if the project involves a homeowner's homestead, you may not have any lien rights. It depends on whether your contract with the homeowner satisfies the homestead lien requirements set out in section 53.254, et seq., of the Texas Property Code. Such requirements include, without limitation, a written contract signed by husband and wife, with the homestead warnings required by the Property Code, and then arrange for the contract to be filed with the county clerk. These homestead lien requirements typically do not happen, which means that the contractor would not have mechanic's lien rights. Retain a construction attorney to evaluate your contract, and to provide advice. Good luck.