Quick Fact Sheet                                                             

When?  

 General Contractors / Design Professionals (if your contract is with the owner):  If Notice of Completion recorded: record your Hawaii lien within 45 days of that Notice. If no Notice of Completion filed: within 1 year and 45 days of completion of the overall project.

Subcontractors/Suppliers (if your contract is with the prime or another sub):  As stated above, if Notice of Completion recorded: record your Hawaii lien within 45 days of that Notice. If no Notice of Completion filed: within 1 year and 45 days of completion of the overall project. 

Who?  A mechanic’s lien in Hawaii is allowed for General contractors, subcontractors, material suppliers, renters of equipment, architects, engineers, and land surveyors.

 Where?  You may not just file a mechanics lien with the recorder.  You must being a min-lawsuit (Petition) with the court (in county where work / material furnished). Call us as we have the templates for that purpose.

Let Us Help:   If you prefer, for the same price, we will instruct you how to fill-out the Hawaii mechanic’s lien form line by line, answer questions, and give a general idea of the chances for success in enforcing the lien. (800-995-9434).

Mechanics Lien for Hawaii Law SummaryFor a more detailed discussion of Hawaii mechanics liens.

Amount of Hawaii mechanic’s lien: All work/material furnished under the base verbal or written contract plus change orders actually performed, whether signed or not. Finance charges are allowed only if included in your contract or PO and signed by the other party. If not, you still get pre-judgment interest.  But do not include specific finance charges or interest in the amount of your lien; instead express it as a possible add-on at trial. Example: “Mechanic’s lien for the principal amount of $10,550, plus finance charges / pre-judgment interest as allowed by law”.  This will be awarded later if you are the prevailing party in the Hawaii lien foreclosure suit.

Do not reduce for freebies or discounts, as they were contingent on being paid.  With non-payment, it is no longer legal consideration for a contract modification in which the owner receives a reduced price.  Example:  In a kitchen remodel, for good customer relations you supplied some extras free:  a) a 48 bottle built-in wine cellar and b) painted the adjoining dining room with a coat of base and semi-gloss. Then you never got paid the last installment on the contract. If you supplied labor only, your Hawaii lien will add in the hourly rate under the contract. If labor and material, use cost-plus or T & M amounts in the lien.

Be careful.  Including unauthorized amounts can invalidate a Hawaii mechanics lien.  Call us if you have any questions. 800-995-9434.

 

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