Texas Two Month Notice Form

If you filed a mechanic's lien (and did so properly and legitimately), the lien would still attach to the property.

But you should consider filing suit in small claims court against your customer, using your invoice(s), accountings, and photographs of your completed work, and anything else that supports your position.

Good luck.

You should consider preparing a letter to mail by certified mail, return receipt requested, to the invalid lien filer to set out the facts and to demand the relief that you want. Point out why the lien is invalid. Make sure that your letter is professional and business like as it may be evidence later.

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 the lien at issue was filed improperly or inappropriately.

In your letter, you may point out that the filing of an invalid lien could subject the filer to liability under the Texas Fraudulent Lien Act, and the filer could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. 

If the lien filer persists, you may consider filing suit in district court to have the court declare that the lien is invalid.

Good luck.

The legal analysis would start with a review of your contract, and then extend to the project hierarchy, and to any communications which have occurred. You cannot file a mechanic's lien on public property, but could file a lien against a company's leasehold interest in the pipeline right of way. So, sorting out the interrelationship of the parties with the land is step one.

If you have mechanic's lien rights, you would have to provide the owner with notice by certified mail of non-payment with a funds trapping request by the 15th day of the third month after each month of unpaid work, with a certified copy to the original contractor (the contractor who contracted with the owner).

Retain a construction attorney to evaluate your legal situation and to provide advice. 

Good luck.