Hawaii Mechanics Lien Laws

Contractors, sub contractors, laborers, and materials suppliers should become familiar with Hawaii's Lien Laws (Hawaii Revised Statutes subsection 507-42 et seq). These important filing dates are essential to protecting your right as a construction worker to collect pay at the completion of a project.

Notice Requirements for Mechanics Liens in Hawaii

Primary Contractors

In Hawaii, primary contractors are not obligated to file preliminary notice requirements to project owners. Primary contracts are required to serve applications for lien and notices of lien to owner and all other interest holders in a given property or project within forty-five (45) days of completing renovations or construction. The courts will then hold a hearing to determine if probable cause exists for the lien within three (3) to ten (10) days after service. If probable cause is found for lien, it will be attached to the property. Action to enforce lien must be brought within three (3) months thereafter.

Sub Contractors

There are no preliminary notice requirements for sub contractors in Hawaii. Sub contractors must file and serve an application for lien and notice of lien to owners in the same manner as primary contractors, including abiding by the same timelines. The application and notice must be filed within forty-five (45) days of the completion of improvements.

Hawaii courts will then hold a hearing to determine if probable cause exists for the lien within three (3) to ten (10) days after service in the same manner as done for primary contractors. If probable cause is found for lien in the courts, the lien will be attached to the property in question. Action to enforce lien must be brought within three (3) months thereafter.

Laws Pertaining to Materials Suppliers

There are no preliminary notice requirements for materials suppliers. The process for liens, as well as timelines for materials suppliers in Hawaii are the same as for contractors and sub contractors, including:

• File and serve an Application for Lien and Notice of Lien on the owner and anyone else who owns an interest in the property within forty-five (45) days of the completion of improvements
• Probable cause hearing to determine if cause exists for the lien within three (3) to ten (10) days after service
• If probable cause is found for lien, it will be attached to the property and any action to enforce lien must be brought within three (3) months after this date