I am a subcontractor and have completed work on a wind farm in Kerns, TX. The contractor has not paid. There is zero retainage on the job, but the issue isn't getting paid retainage. It is getting paid.... period. We've missed the deadline (last day on the job was 4/15/2023).
You can still perfect a mechanic's lien agaisnt the property as long as you don't pass the time periods required for sending out pre-lien notice and filing the lien affidavit. The time period you refer to missing is for sending a fund trapping lien notice to the owner so the owner becomes aware there is an unpaid lower tier party and withold payment of retainage to the general contractor until the lower tier party is satisfied.
File suit against the upstream contractor.
File your lien anyway unless it’s a bonded job
Hire a lawyer