A Hawaii mechanic’s lien is used by a contract worker to collect overdue payment for labor or materials from a client. A lien grants the worker a claim against the property they contributed their services to until the debt is settled. If the debt remains unpaid, they are entitled to enforce the claim and initiate a foreclosure suit, thus reclaiming the amount owed when the property is auctioned or sold. The lien is effective once it is filed with the county clerk and will allow a three (3) month period for the claimant to enforce the lien or the owner to pay the debt.
In Hawaii, claimants are required to deliver a notice of lien to the property owner along with a copy of the lien once the filing has been completed.
Laws & Requirements
- Laws: Title 28, Chapter 507, Part II
- Signing Requirements: Not mentioned in state statutes.
- Time Limit for Recording Lien (§ 507-43(b)): Forty-five (45) days following the date of completion. If no Notice of Completion is filed, the time limit is forty-five days following one (1) year of the project’s substantial completion.
- Deadline for Enforcing lien (§ 507-43(e)): Three (3) months