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Can I put a lien on this job?

I am an unlicensed handyman doing work in Hawaii. I was hired by the homeowner to help fix her house to be listed and sold. We do not have a formal contract, just emails, texts, and phone calls about the project. I have issued her $2,000 in invoices and she has gone off the deep end and is not paying. Can I issue her an intent to lien or and a mechanics lien for the money she owes me? I completed work on the property two weeks ago.

2 replies

Feb 13, 2020

Notice of Intent to Lien

A Notice of Intent to Lien is not a required notice in Hawaii. So, the determination of whether to send a Notice of Intent or other demand for payment (demand letter, payment reminder, etc.) is solely in the hands of the potential claimant.

Mechanics Lien

There are several rules and requirements that must be met in order to be able to properly claimant mechanics lien in Hawaii. Licensing If a party or entity is required to be licensed by state law, that party/entity must have a license in order to have valid mechanic lien rights. However, Hawaii has a "handyman" exception to the licensing requirements that allow for work to be done by an unlicensed party in amounts up to $1,500 (excluding taxes). However, this exception does not apply to work for which a permit is required, or for plumbing or electrical work. Deadlines Mechanics liens in Hawaii have specific deadlines that must be met. In Hawaii, a lien claimant must file the lien within 45 days of the completion of the improvement. If that deadline passes, no valid lien may be claimed.

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Feb 13, 2020

Thank you for the help!

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