Private Projects
Preliminary notice is not required.
Preliminary notice is not required.
Preliminary notice is not required.
Preliminary notice is not required.
Preliminary notice is not required.
Preliminary notice is not required.
Preliminary notice is not required.
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.
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Preliminary notices are not required in Hawaii, so it is impossible to send a preliminary notice untimely.
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.
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.
No preliminary notice is required. The lien documents themselves are considered delivered when personally served.
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.
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First, filing a lien under the circumstances you present is problematic. There are strict deadlines for noticing intent and recording your lien. Sounds to me like this is an afterthought and not within 4 months of your last date of work, but perhaps I'm wrong there. In any event, if you're seeking items from two years ago, I doubt that would go well for you under a mechanic's lien theory of recovery.
Second, it doesn't sound like there was much of an arrangement between you and the owner, this was something you were doing to improve the residence you were living in.
Third, if you're broke, what good is the mechanic's lien anyway? Even if it were valid, you'd still need to take action on it to pursue it. If they've just refi'd, I imagine the property is encumbered to a not-insignificant extent. The loan already closed, so presumably they aren't going to refi again or sell very soon. If you don't have the money to pursue a wrongful eviction, foreclosure likely isn't within your current financial ability to pursue. If you aren't going to foreclose, then you still have other claims and remedies, but I'd think you'd handle most of those claims and damages within a wrongful eviction case, should you ever have the means to pursue that case.
Most likely your best course of action at this point would be a demand letter and potentially a breach of contract action against the GC who has not paid you. If there is a payment bond on the project your may still have time to make a claim against this bond. But otherwise, because you did not send preliminary notice, you would not have lien rights.
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.
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.
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.
Hawaii doesn’t have any specific notice delivery requirements. You can deliver the notice however you see fit.
Select Preliminary Notice document.
Provide basic job information.
Levelset sends the document for you. Postage included!