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Hawaii Preliminary Notice FAQs

Fact-checked by the Levelset Legal Team
Last updated November 3, 2020
Sending a Hawaii preliminary notice is an effective way to speed up payment on a construction project. A preliminary notice is an informational document typically sent to the property owner near the beginning of a construction project. Here's what you need to know about the rules and requirements for sending preliminary notice in Hawaii.

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Essential things to know about Hawaii preliminary notices
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Hawaii preliminary notice requirements for:

  • Prime Contractors
  • Suppliers/Others

Private Projects

Preliminary notice is not required.

Unlike most states, there are no preliminary notice requirements in Hawaii. However, project participants can still provide "preliminary notice" or other visibility notices to make it known that they are providing work or materials, and to initiate the process of getting paid.
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Public Projects

Preliminary notice is not required.

On public jobs, any claims for non-payment are made against the general contractor's bond. Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.
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Private Projects

Preliminary notice is not required.

Unlike most states, there are no preliminary notice requirements in Hawaii. However, project participants can still provide "preliminary notice" or other visibility notices to make it known that they are providing work or materials, and to initiate the process of getting paid.
Show

Public Projects

Preliminary notice is not required.

Unlike most states, there are no preliminary notice requirements in Hawaii. However, project participants can still file an Intent to Lien in order to initiate the process of getting paid.
Show

Private Projects

Preliminary notice is not required.

Unlike most states, there are no preliminary notice requirements in Hawaii. However, project participants can still provide "preliminary notice" or other visibility notices to make it known that they are providing work or materials, and to initiate the process of getting paid.
Show

Public Projects

Preliminary notice is not required.

Unlike most states, there are no preliminary notice requirements in Hawaii. However, project participants can still file an Intent to Lien in order to initiate the process of getting paid.
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Preliminary Notice Frequently Asked Questions

Preliminary notices are not specifically required on Hawaii construction projects. For answers to some of the most common questions regarding Hawaii notices, see the Frequently Asked Questions below.

Prelim FAQs on Private Projects

Do I Need to Send a Hawaii Preliminary Notice?

No. Hawaii does not require any notice to be given prior to the filing of a mechanics lien. However, a party can choose to send a Notice of Intent to Lien to the property owner to begin the process of attempting to get paid.

When do I Need to Send a Hawaii Preliminary Notice?

N/A

What if I Send the Hawaii Preliminary Notice Late?

Preliminary notices are not required in Hawaii, so it is impossible to send a preliminary notice untimely.

How Should the Hawaii Preliminary Notice be Sent?

Preliminary notices are not required in Hawaii, but if a party chooses to send any pre-lien notice, it may be sent however that party chooses.

Do I Have to Send the Hawaii Preliminary Notice to Someone Other than the Owner?

Preliminary notice is not required. A copy of the lien documents themselves must be sent to the owner, any party with an interest in the property, and the party who contracted for the improvement, if that is a different party.

Is the Hawaii Preliminary Notice Requirement met when sent or delivered?

No preliminary notice is required. The lien documents themselves are considered delivered when personally served.

Prelim FAQs on Public Projects

Do I Need to Send a Hawaii Preliminary Notice?

No. Hawaii does not require any preliminary notice to be given to preserve the right to make a bond claim on a public project. However, any party can send a preliminary or other “visibility” notice to raise their hand and promote visibility.

When do I Need to Send a Hawaii Preliminary Notice?

N/A

What if I Send the Hawaii Preliminary Notice Late?

N/A

How Should the Hawaii Preliminary Notice be Sent?

N/A

To Whom Must the Hawaii Preliminary Notice be Given?

N/A

People are asking Hawaii construction attorneys:

MECHANIC LIEN

NO.

Answered by Skip Leake | Attorney

Can I file a Mechanics Lien for an amount greater than the pre-lien?

Yes, Scott, you ca record a lien in an amount that exceeds the estimated value in your preliminary notice. Your materials were all furnished to the same project that was identified in your preliminary notice, right?

Answered by Chris Ng | Attorney

Can I file a pre lien notice

A pre-lien is only valid if sent at least 20 days before you start work.

At this point, if you need to file a lien for non-payment, you can only lien your last 20 days of work.

You still have breach of contract rights if you are not paid but your lien rights are limited.

Answered by Gerald Carroll | Attorney

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Essential things to know about Hawaii preliminary notices

There Is No Preliminary Notice Requirement in Hawaii

Unlike most states, there are no preliminary notice requirements in Hawaii. However, project participants can still provide “preliminary notice” or other visibility notices to make it known that they are providing work or materials, and to initiate the process of getting paid. There are many reasons that providing notice can be helpful to ensuring timely payment, including promoting visibility throughout a project that may otherwise be absent.

Send a preliminary notice in Hawaii (DIY)

1

Download a free preliminary notice form

Get the free form
Preliminary Notice icon

The generic notice form can be used in Hawaii, or any other state where notice is not required. It provides information about your company to the property owner, general contractor, and other parties in charge of payment on a construction project.

2

Fill out the form

Be careful! Accuracy is important.

Fill out the form completely and accurately. Because property owners and GCs often rely on this document to communicate with you, mistakes on this form can cause payment delays.

3

Deliver the form

Sending a Notice

Hawaii doesn’t have any specific notice delivery requirements. You can deliver the notice however you see fit.

How to send a Preliminary Notice with Levelset
1

Select Preliminary Notice document.

2

Provide basic job information.

Levelset sends the document for you. Postage included!

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