Menu
Home>Levelset Community>Legal Help>how do i file a lien in hawaii if I don't know when the date of substantial completion is?

how do i file a lien in hawaii if I don't know when the date of substantial completion is?

HawaiiNotice of Completion

i have a customer in hi. i told him the lien would be filed on the 15th of this month if we did not have payment. he said "good luck with that". I now see that Levelset asks for the date of the notice of substantial completion. I don't have that. the levelset notes don't say it is a requirement, but levelset won't let me file without having that date. how do i file a lien in hawaii if I don't know when the date of substantial completion is?

1 reply

Nov 12, 2020

Hawaii lien deadlines are based on the completion of th eproject. When a Notice of Completion is filed, that will mark the completion date of the project, and a mechanics lien must be filed within 45 days of the date that Notice of Completion was filed.

If no Notice of Completion is filed, the improvement will be considered completed one year after the substantial completion of the project - and a mechanics lien must be filed with 45 days of that date. Substantial completion is not defined by Hawaii statutes, but the AIA defines substantial completion as "the stage in the progress of the work when the work or designated portion is sufficiently complete in accordance with the contract documents so that the owner can occupy or use the work for its intended purpose."

Note, however, that Hawaii mechanics liens cannot be processed through Levelset. If you wissh to file a mechanics lien in Hawaii, it requires the filing of a lawsuit - so company lien claimants must retain an attorney to assist with the filing. 

0 people found this helpful
Helpful