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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. 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. 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. 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. 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. 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. 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. 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 guide

Customize your Mechanics Lien Template with DocDraft

APPLICATION FOR A MECHANIC'S AND MATERIALMAN'S LIEN AND NOTICE OF LIEN (HAWAII)

Filed with the Circuit Court under Hawaii Revised Statutes Chapter 507, Part II. Hawaii perfects a mechanic's and materialman's lien by application to the circuit court, not by recording with a county office. The applicant applies for a lien on the real property described below and gives notice of the lien to secure payment for labor or material furnished to improve that property.

IN THE CIRCUIT COURT OF THE [NUMBER] CIRCUIT STATE OF HAWAII

  1. APPLICANT / LIEN CLAIMANT Name: [CLAIMANT NAME] Role: [CONTRACTOR / SUBCONTRACTOR / MATERIAL SUPPLIER / LABORER] Address: [CLAIMANT ADDRESS]

  2. OWNER OF THE PROPERTY Name: [OWNER NAME] Address: [OWNER ADDRESS]

  3. PARTY WHO CONTRACTED FOR THE IMPROVEMENT The applicant furnished labor or material at the request of, or under a contract with: [PERSON OR COMPANY THAT ORDERED THE WORK].

  4. PROPERTY Street address: [PROPERTY ADDRESS]. Legal description or tax map key (TMK): [LEGAL DESCRIPTION OR TMK]. Circuit where the property is located: [CIRCUIT].

  5. LABOR OR MATERIAL FURNISHED General description: [DESCRIPTION OF THE LABOR OR MATERIAL]. Date first furnished: [FIRST DATE]. Date of completion of the improvement: [COMPLETION DATE].

  6. AMOUNT OF THE LIEN The amount due to the applicant for the labor or material, after deducting all just credits and offsets, is: $[AMOUNT].

  7. NOTICE OF LIEN Notice is given that the applicant claims a lien in the above amount on the property described above, and applies to the court for an Order Directing Lien to Attach.

  8. VERIFICATION The applicant declares under penalty of law that the foregoing Application and Notice of Lien are true and correct to the best of the applicant's knowledge and belief.

Signature of applicant or authorized agent: [SIGNATURE] Printed name and title: [NAME AND TITLE] Date: [DATE]

CERTIFICATE OF SERVICE A copy of this Application for a Lien and Notice of Lien was served on the owner and on the party who contracted for the improvement on: [DATE], as required under HRS 507-43.

Note: This Hawaii Application and Notice of Lien must be filed with the circuit court no later than 45 days after the date of completion of the improvement. Chapter 507 prescribes no fill-in form. Confirm the current statutory requirements and the court's filing procedures, or have this reviewed by an attorney, before filing.

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.

Frequently Asked Questions

A Hawaii mechanics lien is a claim that a contractor, subcontractor, or supplier obtains against property they improved but were not paid for. Unlike most states, it is not recorded with a county office. It is perfected by applying to the circuit court under HRS Chapter 507, and once attached it can be foreclosed through a court-ordered sale.

Any person who furnished labor or material to improve real property and was not paid can seek a lien, including general contractors, subcontractors, and material suppliers. Hawaii does not require a preliminary notice first, so the right is preserved by applying to the circuit court on time rather than by serving an advance notice.

You do not record a Hawaii lien; you apply for one. Under HRS 507-43, the Application for a Lien and a written Notice of Lien must be filed with the circuit court in the circuit where the property is located no later than 45 days after the date of completion of the improvement. The same deadline applies to contractors and subcontractors.

No. Part II of HRS Chapter 507 does not require any preliminary or prelien notice as a condition of a lien. Your lien rights are preserved by filing the Application and Notice of Lien with the circuit court within the 45-day window, not by giving the owner advance notice of a possible claim.

Once the court grants the lien by entering an Order Directing Lien to Attach, HRS 507-43 gives the lien a three-month life. You must commence proceedings to collect the amount due within those three months, or the lien expires. This enforcement clock runs from the court's order, not from the date you applied.

If you miss the 45-day deadline to apply, or fail to begin collection proceedings within three months of the Order Directing Lien to Attach, the lien is generally lost, since Hawaii enforces these timeframes strictly. A breach-of-contract action against the party that hired you may still let you recover the debt without the property as security.

The 45 days run from the date of completion, which Hawaii fixes in a specific way. It is set when the owner or general contractor publishes a notice of completion or abandonment and files an affidavit with the circuit court clerk. If no valid notice is published within a year of the work actually ending, completion is deemed one year after that.

When the debt is paid, the parties can move the court to dissolve or discharge the lien, clearing the title. A lien also expires on its own if collection proceedings are not commenced within three months of the Order Directing Lien to Attach. An owner disputing the lien can contest the application in the circuit court.