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Hawaii Lien Waivers Guide and FAQs

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Hawaii Lien Waiver FAQs

Hawaii Lien Waivers Overview

Hawaii Lien Waiver Rules

  • Rules At A Glance
  • Top Links
lien waivers not regulated
No Specific Form

Hawaii does not require the use of any specific lien waiver form. Any form may be used.

lien waivers do not need to be notarized
Notarization Not Required

Hawaii lien waivers are not required to be notarized, and should not be notarized.

Can Waive Rights in Contract

There is no specific prohibition on waiving future lien rights through contract or otherwise prior to work in Hawaii.

Can Waive Rights Before Payment

There is no specific prohibition on waiving lien rights prior to payment for jobs in Hawaii.

Hawaii lien waivers can be very tricky.

Lien waivers are not heavily regulated in Hawaii, both with respect to form and language, or to timing.

This means that in Hawaii, anybody on a construction job needs to closely examine what is being agreed upon in any contract and in any lien waiver document. Since lien rights appear to be able to be waived before work even begins, it is crucial to examine contracts for “no-lien” clauses. And, when waiving lien rights after work has been performed, or pursuant to payment, it’s worth making sure that there is not language hiding in the document that waives more than intended.

As such, good, clean, standard, and clear lien waiver forms and language is best practice for construction participants in Hawaii.

Below are some frequently asked questions about the lien waiver laws and requirements in Hawaii.

Free Hawaii Lien Waivers Forms & Templates

Hawaii does not have specific forms that must be used to waive lien rights in Hawaii construction projects. Since there is little regulation of lien waiver forms, they can say pretty much anything. These forms were drafted by construction attorneys to be safe, easy, stress-free, and fair for everyone involved. And they can be used on any Hawaii job.

The forms provided here for free by Levelset are easy, clear, and fair. You can download them free, or use our free system to send or request your Hawaii lien waiver form.

Free Georgia Lien Waiver Forms

These Georgia lien waiver forms are clear, fair, and drafted by construction lawyers. Make it easy, and use forms from the source you can trust.

Hawaii Partial Unconditional Lien Waiver Form - free from

Hawaii Partial Unconditional Lien Waiver Form

This Hawaii partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

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Hawaii Partial Conditional Lien Waiver Form - free from

Hawaii Partial Conditional Lien Waiver Form

This hi partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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Hawaii Final Unconditional Lien Waiver Form - free from

Hawaii Final Unconditional Lien Waiver Form

This hi final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

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Hawaii Final Conditional Lien Waiver Form - free from

Hawaii Final Conditional Lien Waiver Form

This hi final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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Hawaii Lien Waivers FAQs

Hawaii lien waivers are exchanged by job participants all the time - both around the time of payment, and sometimes by contract. In Hawaii, lien waivers are not strictly regulated. This means that there are no specific laws setting forth the forms and rules of exchanging these documents. While some states really restrict what can and cannot be done with lien waivers, Hawaii does not. This means that parties on construction jobs in Hawaii must be very careful when preparing, signing, requesting, exchanging, and otherwise handling lien waivers - or contracts that may include lien-waiver language.

Hawaii Lien waiver FAQs

Does Hawaii require a specific statutory lien waiver form?

No, Hawaii does not require nor provide lien waiver statutory forms.

What are the requirements for a Hawaii lien waiver? What makes a lien waiver binding?

Hawaii has no specific statutory provision controlling lien waivers.

Are Unconditional Lien Waivers Prohibited in Hawaii?

No, Hawaii does not have any statutory provisions or case law prohibiting unconditional lien waivers.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in Hawaii?

No, there is no specific statutory provision disallowing an advance lien waiver.  However, the enforceability of a “no lien” clause or advance waiver would be determined through examination of Hawaii’s common law and court decisions, but no general custom for the use of no-lien clauses exists.

Must Hawaii lien waivers be notarized?

No. Hawaii has no requirement that a lien waiver must be notarized in order to be effective.

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How to file a lien in Hawaii

Need to file a Hawaii mechanics lien? File your mechanics lien with Levelset, the lien experts quickly and easily. Or you can follow the 3 steps below to file a lien yourself with Levelset's free information.
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