Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Hawaii
HI Hawaii
Questions? Contact usThis is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
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.
- Prime/ Original / General Contractors (GCs): Private/Commercial: No preliminary notice is required from the prime contractor on private projects in Hawaii.
- Subcontractors/Trade Partners (Subs): Private/Commercial: No preliminary notice is required from subcontractors on private projects in Hawaii.
- Second-tier Subcontractors: Private/Commercial: No preliminary notice is required from second tier subcontractors on private projects in Hawaii.
- Lower-tier Subcontractors: Private/Commercial: No preliminary notice is required from lower tier subcontractors on private projects in Hawaii.
- Material Suppliers: Private/Commercial: No preliminary notice is required from material suppliers on private projects in Hawaii.
- Equipment Lessors: Private/Commercial: No preliminary notice is required from equipment lessors on private projects in Hawaii.
- Second-tier Material Suppliers: Private/Commercial: No preliminary notice is required from second tier material suppliers on private projects in Hawaii.
- Lower-tier Material Suppliers: Private/Commercial: No preliminary notice is required from lower tier material suppliers on private projects in Hawaii.
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
On public projects, mechanic's lien rights are typically replaced by bond claim rights. Bond claim notice and enforcement timelines can vary by project type and bond language, so coordinate with your construction attorney to confirm the correct deadline and required notice path.
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 online lien-related information for construction project parcels—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
- Hawaii Revised Statutes -- Mechanics' and Materialmen's Liens
- Hawaii Department of Commerce and Consumer Affairs -- Professional and Vocational Licensing
- State Procurement Office -- Contractor Guidelines
- Hawaii State Judiciary -- Access to Court Forms
- Hawaii Contractors License Board
- Occupational Safety and Health -- Hawaii (HIOSH)
- General Contractors Association of Hawaii
- Bidding and Procurement Notices (HIePRO)
Check out this ‘X’ list for Hawaii created by Prelien Pro!
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