Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Hawaii
Hawaii
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Hawaii seems to be very lean when it comes to laws pertaining to construction notices. Please consult your construction attorney for best guidance.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Hawaii Quick Overview
| Pursuant Code | HI Rev. Stat. §§ 507-41 et seq. | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | Yes | |
| HI Statutory Relief | Full Price | |
| Lien Milestone Event | Overall project completion | |
| Lien Enforcement Deadline | 90 days or less | |
| Waivable Lien Rights | No | |
| Supplier to Supplier Rights | Likely No | |
| Prelien Document Name(s) | None | |
| Prelien Minimum Information | ||
| Prelien Minimum Notifications | ||
| Prelien Recording Requirement | No | |
| Prelien Notarized | no |
Understanding the Prelien Process on Construction Projects in Hawaii by Role
Hawaii does not require any preliminary notice for prime contractors, subcontractors, or material suppliers to secure lien rights.
Mechanic's Liens in Hawaii
Hawaii does not require a preliminary notice to secure lien rights. To assert a mechanics lien on a private/commercial project, the claimant must file an Application for a Lien and Notice of Lien within 45 days of the completion of improvements. This filing must be served on the owner and other interested parties. A probable cause hearing is held within 3-10 days. If granted, the lienor must record a certified copy of the order within 7 days. A lien enforcement action must be filed within 3 months of the lien order.
Bond Claims in Hawaii
Hawaii's public project bond claim process is not as well codified as in some states. Generally, subcontractors and suppliers must follow prompt payment statutes and pursue breach of contract actions unless a payment bond is provided, in which case bond claims must be made per the bond's terms. Hawaii does not have a Little Miller Act, so there is no uniform statutory framework for public project bond claims.
Construction Lien Waivers in Hawaii
Required Format: Hawaii does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: Hawaii does not require waivers to be notarized.
Hawaii law does not provide detailed statutory guidance on lien waivers. Best practice is to use contractual waivers executed at time of payment, with specific caution to avoid preemptive waivers that may be deemed unenforceable.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Hawaii counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Hawaii
Frequently Asked Questions (FAQs) on Hawaii Lien Processes for Contractors
Do I need to send a preliminary notice to protect my lien rights in Hawaii?
No. Hawaii does not require a preliminary notice to preserve mechanics lien rights on private projects.
When must a mechanics lien be filed in Hawaii?
A mechanics lien (Application and Notice of Lien) must be filed within 45 days after the completion of improvements on the property.
What happens after I file a lien in Hawaii?
The court holds a hearing within 3 to 10 days to determine probable cause. If the lien is validated, you must record the court's lien order within 7 days.
How long do I have to enforce a mechanics lien in Hawaii?
A lawsuit to enforce the lien must be filed within 3 months after the entry of the lien order.
Are there special rules for bond claims on Hawaii public works projects?
Hawaii does not have a detailed statutory process for public bond claims like other states. Instead, you must rely on the specific terms of the bond or general contract law remedies.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
