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mechanic lien process for the state HI

HawaiiMechanics Lien

I am a subcontractor doing a project in a project HI and would like to know what the process is to file a mechanics lien in HI

1 reply

Jul 9, 2020
First and foremost, there are no preliminary notice requirements in Hawaii. As far as when and how to file a claim, the deadline to file a Hawaii mechanics lien is within 45 days from the completion of the improvement. But this isn't always as clear. If there was a Notice of Completion filed on the project, then that will mark the "completion date" and the claim must be filed within 45 days of the filing of that notice. However, if no Notice of Completion was filed, then the improvement is deemed to be "complete" one year after substantial completion. To actually file your Hawaii mechanics lien claim, this involves filling out both an Application for Lien, and a Notice of Lien that sets forth the facts underlying the claim. Both of these documents will need to be filed with the Circuit Court where the property is located. Once filed, a copy of both needs to be served on the owner (and any other person with interest in the property) and the contractor who hired you. After which, the court will schedule a hearing to determine if there is probable cause for the claim to attach. If so, the claim will be attach and be valid for 3 months. The claim will need to be enforced within that 3-month time span, or else it will expire, and no longer be enforceable. For a full breakdown of this process, see: How to File a Hawaii Mechanics Lien | A Step-by-Step Guide
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