I have been working for a client where it started off as a large project that they kept increasing the scope. I failed to get a signed contract on the upgrades (not normal for me but there was extenuating circumstances). Then the work turned into ongoing maintenance that I also did not get a signed contract for but the homeowner and I had ongoing conversations that they knew they owed me a growing balance. I have pictures of the improvements and us working there and copies of all the texts. They continued to order more work usually via text and now when I finally sent an updated bill they are saying the bill should be less than 25% of what is owed. Total change of attitude. So my question is, do I have any ability to file a lien at this point?
You really should retain a construction attorney to review your situation, and to provide advice.
If the project is for a homeowner's home, the property may be protected by the homestead provisions of the Texas Constitution. If so, and you have no written contract, then you would have no right to file a mechanic's lien. Filing an invalid lien could violate the Texas Fraudulent Lien Act, and subject you to the $10,000 statutory damages, or actual damages, whichever is greater, plus attorney's fees.
You may consider preparing a letter to mail by certified mail detailing the facts, and setting forth your claim. Support your claim with invoices and photographs. Make sure that your letter is professional and business like as it may be evidence later.
If need be, consider filing suit in small claims court (if your claim is less than $20,000), using your letter as support.
Good luck.
thank you very much for this advice. Duly noted. If a client approves a contract through an email confirmation does that count any different or is it like they still didnt sign the contract? In other words, they need to sign the actual contract itself not just say yes when the contract is attached in the email thread?
No M&M Lien against homestead without a written contract.
Hire a lawyer and file suit to collect your money VIA judgment.