Supplier – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Supplier – Mechanic Lien
Mechanic lien must be prepared by an attorney. 45 days: mechanic’s lien must be filed after demand has been made for payment and payment has been refused or neglected but in no event later than “within 45 days after the Date of Completion of the improvements against which it is filed. The Date of Completion, under the statute, is the date of filing of an Affidavit of Publication and Notice of Completion confirming publication of a notice that the improvement has been completed or has been abandoned. If no Affidavit of Publication and Notice of Completion is filed, the application of lien must be filed within one year and 45 days after actual substantial completion or abandonment. Court will hold a hearing to determine if probable cause exists for the lien within 3-10 days after service, and if found, will attach.
Subcontractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Subcontractor – Mechanic Lien
Mechanic lien must be prepared by an attorney. 45 days: mechanic’s lien must be filed after demand has been made for payment and payment has been refused or neglected but in no event later than “within 45 days after the Date of Completion of the improvements against which it is filed. The Date of Completion, under the statute, is the date of filing of an Affidavit of Publication and Notice of Completion confirming publication of a notice that the improvement has been completed or has been abandoned. If no Affidavit of Publication and Notice of Completion is filed, the application of lien must be filed within one year and 45 days after actual substantial completion or abandonment. Court will hold a hearing to determine if probable cause exists for the lien within 3-10 days after service, and if found, will attach.
General Contractor – Preliminary notice requirements to file mechanic lien
Under Hawaii’s statutory scheme, contractors involved with home construction or improvements are required to explain verbally in detail to the homeowner all lien rights of all parties performing under the contract. In addition, the contractor is required to provide the homeowner with a written contract, which must contain relevant information pertaining to the work being performed, must be signed by the contractor and the homeowner, and must be executed prior to the performance of any home construction or improvement.
General Contractor – Mechanic Lien
Mechanic lien must be prepared by an attorney. 45 days: mechanic’s lien must be filed after demand has been made for payment and payment has been refused or neglected but in no event later than “within 45 days after the Date of Completion of the improvements against which it is filed. The Date of Completion, under the statute, is the date of filing of an Affidavit of Publication and Notice of Completion confirming publication of a notice that the improvement has been completed or has been abandoned. If no Affidavit of Publication and Notice of Completion is filed, the application of lien must be filed within one year and 45 days after actual substantial completion or abandonment. Court will hold a hearing to determine if probable cause exists for the lien within 3-10 days after service, and if found, will attach.
Timeframe to foreclose lien
Court will hold a hearing to determine if probable cause exists for the lien within 3-10 days after service, and if found, will attach. Must enforce lien within 3 months from attachment.
Construction participants not covered by lien law
“a supplier or licensed subcontractor cannot obtain a lien if the general contractor is unlicensed. In addition, the lien law will not protect an unlicensed contractor, if under Hawaii law a license is required.
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Cost and damages not allowed in lien claim
Items that are typically not allowed in a lien claim are interest, attorney’s fees, lost profits, fringe benefits to employees, food, transportation and housing for out-of-state workers (unless expressly required by contract). Delay damages and consequential damages will also typically be denied, unless the lienor can demonstrate that the claimed damages pertain to an increase in the price or amount of labor or materials that have been incorporated in the improvement.