Hawaii Mechanics Lien
Perfect a Hawaii mechanics lien by applying to the circuit court within 45 days of completion. Learn the court process and three-month enforcement window.
Introduction
A Hawaii mechanics lien is a legal claim against real property by a contractor, subcontractor, or supplier who improved the property and was not paid. Once it attaches, the lien clouds the title and can be enforced by a court-ordered sale to collect the debt. That security is what gives the lien its leverage, and Hawaii grants the right to it under Chapter 507 of the Revised Statutes. Hawaii is unusual: you do not record a lien with a county office. Instead you perfect it by applying to the circuit court. The claimant files an Application for a Lien with a written Notice of Lien no later than 45 days after the date of completion. If the court enters an Order Directing Lien to Attach, the lien expires three months after that order unless you begin proceedings to collect within that time. DocDraft prepares a Hawaii Application and Notice of Lien from your project details, and attorney review is available before you file.
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Key Things to Know
- 1
A Hawaii mechanics lien secures payment against the improved property. Any person furnishing labor or material to improve real property, including contractors, subcontractors, and suppliers, who was not paid can claim one under HRS Chapter 507, Part II.
- 2
Hawaii requires no preliminary or prelien notice. Part II of Chapter 507 preserves lien rights through the court application itself, not an advance notice, so a claimant does not have to serve a preliminary notice to keep the right to a lien.
- 3
You perfect by court application, not recording. Under HRS 507-43, the Application for a Lien and the written Notice of Lien must be filed with the circuit court no later than 45 days after the date of completion, the same deadline for contractors and subcontractors.
- 4
The lien is short-lived once granted. HRS 507-43 provides that after the court enters the Order Directing Lien to Attach, the lien expires three months after that entry unless proceedings to collect the amount due are commenced within that time.
- 5
Hawaii applies the deadlines strictly. Missing the 45-day application window or the three-month period to begin collection proceedings generally forfeits the lien, though a separate contract claim against the party who hired you may still remain.
- 6
No fill-in statutory lien form is attached to Chapter 507. The Application and Notice of Lien must identify the property, the owner and contracting party, the labor or material furnished, and the amount due; a copy is served on the owner and hiring party.
- 7
The 45-day clock turns on completion. That date is fixed when the owner or general contractor publishes a notice of completion or abandonment and files an affidavit with the court clerk; if none is published, completion is deemed one year after the work ends.
Key decisions before you file
Before you file a Mechanics Lien in Hawaii, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.
Open the Mechanics Lien guideCustomize your Mechanics Lien Template with DocDraft
Hawaii Requirements for Mechanics Lien
Hawaii Filing Deadline and Office
File the Hawaii mechanics lien in the correct office, a county recorder or court as Hawaii requires, within the state's deadline after you last furnish labor or materials. Hawaii applies the deadline strictly, so filing late or in the wrong office can void the lien.