Hawaii

PRELIMINARY NOTICE

Not required. However, to advance a lien claim, claimant must submit to the court an Application for Lien and a Notice Of Lien. H.R.S. § 507-46.

 

CONTENTS OF PRELIMINARY NOTICE

The Application for Lien must state: amount of claim; labor/ material furnished; property description; and names of contracting parties, contractor and owner (or representative), and other parties with a recorded interest in the property. The Application may (but need not) specify the names of the mortgagees or other encumbrancers of the property, if any, and the name of the surety of the general contractor, if any. The Notice must state basic facts establishing the basis of the claim. H.R.S. § 507-43(a).

 

WHEN COMPLETION OCCURS

When owner or direct contractor files Notice of Completion or abandonment, affidavit of publication and copy of the Notice in the county where property is located. If no Notice is filed, 1 year after completion or abandonment. H.R.S. § 507-43(f).

 

TIME LIMIT FOR RECORDING MECHANICS LIEN

The Application for Lien and Notice shall be filed in the Circuit Court where the property is located within 45 days after the Date of Completion (filing date of affidavit of publication or date of actual completion/abandonment in the absence of publication). For property registered in the Land Court, upon the granting of lien after notice and hearing a certified copy of the Order Directing Lien to Attach shall be filed in the office of the assistant registrar of the land court within seven days after the entry thereof in order to preserve the lienor’s rights against subsequent encumbrancers and purchasers of the property. H.R.S. §§ 507-43(b) and 507-43(g).

 

TIME LIMIT FOR ENFORCING MECHANICS LIEN

The Order Directing Lien to Attach expires 3 months after entry H.R.S. § 507-43(e).

 

FORECLOSURE OR DISMISSAL BY COURT

Any mechanics’ and materialmen’s lien may be discharged at any time by the owner, lessee, principal contractor or intermediate subcontractor filing with the clerk of the circuit court of the county in which the property is located or with the assistant registrar of the land court (if registered land is affected) cash or a bond for twice the amount of the sum for which the claim for the lien is filed, conditioned for the payment of any sum for which the claimant may obtain judgment upon the claimant’s claim. H.R.S. § 507-45. See also expiration of lien under H.R.S. § 507-43(e).

 

https://cca.hawaii.gov/hawaii-revised-statutes/