California Construction Lien Service FAQs

No. CMLS is not a law firm and does not provide legal advice or legal representation.

We:

• prepare and process documents
• track deadlines as operational controls
• facilitate service and documentation

We do not:

• advise on legal strategy
• interpret law for clients
• file lawsuits or enforce claims

If enforcement is required, we coordinate with or refer to licensed attorneys.

You should contact CMLS as early as possible in a project, ideally:

• At or before first furnishing of labor or materials (to preserve notice rights)
• Or immediately when payment issues arise

Late intake increases risk of lost lien or bond rights due to statutory deadlines.

A Preliminary Notice is a document sent early in a project that helps preserve your right to file a lien, stop notice, or bond claim.

Without proper notice:

• your rights may be limited or lost
• you may be unable to pursue payment remedies later

CMLS verifies:

• your role in the project (subcontractor, supplier, etc.)
• the project type (private vs public)
• statutory notice requirements

If a notice is not required, we will document that determination based on intake data.

Deadlines are statutory and time sensitive, typically triggered by:

• first date of furnishing labor or materials

However, deadlines are not extended by intake or service timing.

A statutory security interest that attaches to real property when contractors, subcontractors, laborers, or material suppliers are not paid for work or materials provided for a work of improvement.

A mechanics lien is typically filed when:

• payment has not been received
• collection efforts have failed
• statutory prerequisites have been satisfied

A stop payment notice, formerly called a stop notice, is a statutory remedy allowing a claimant to freeze undisbursed construction funds held by the owner or lender when they have not been paid for work on a project.

Typical triggers include:

• unpaid invoices
• payment disputes
• project completion without payment

A Bond Claim is used on public works projects where liens cannot attach to public property.

It allows a claimant to:

• seek payment through the project’s surety bond

Bond Claims are used only for public works projects.

A lien waiver is used to:

• acknowledge payment
• release or limit lien rights

CMLS uses a structured decision process based on:

• payment status (received vs not received)
• stage of work (progress vs final)

Waiver types include:

• Conditional Progress
• Unconditional Progress
• Conditional Final
• Unconditional Final

A Lien Release is processed when:

• payment is received
• settlement is reached
• lien expires or is ordered released

A Stop Notice Release is processed when:

• payment or settlement resolves the claim

CMLS provides operational deadline tracking and controls, but:

• statutory deadlines are strict
• accuracy depends on client provided information

Clients remain responsible for:

• timely submission of data
• accuracy of project information

Missing a deadline may result in:

• loss of lien rights
• inability to file a bond claim
• reduced collection options

Attorney involvement is required for:

• lien foreclosure
• bond enforcement litigation
• disputes requiring legal strategy

CMLS does not perform enforcement actions.

Yes. When enforcement is required:

• clients may retain an attorney
• attorneys may partner with CMLS
• case data and documentation can be transferred to support litigation