Hawaii Mechanic's Lien Guide

The Application and Notice of Lien must be filed not later than 45 days after the "date of completion" of the improvement (HRS § 507-43(b)). Hawaii's mechanic's lien is a court-application process. Rather than recording a lien directly, you MUST apply to the circuit court of the circuit where the property is situated by filing an "Application For A Lien" accompanied by a written "Notice Of Lien" setting forth the facts on which the claim is based. Copies must be served (like a summons) on the owner, any party with an interest, and the party who contracted for the improvements. The Application and Notice are returnable not less than 3 nor more than 10 days after service, and the court holds a hearing to determine whether probable cause exists for the lien to attach. The lien does not attach until the court so orders. The "date of completion" is the time the owner or general contractor completes publication of a notice that the improvement has been completed or abandoned and files an affidavit of publication with the circuit court clerk. If no valid notice of completion is published and filed within one year after actual completion or abandonment, the "date of completion" is deemed to be one year after actual completion or abandonment. Hawaii is NOT an unpaid-balance state.

The lien expires 3 months after entry of the Order Directing Lien To Attach unless proceedings are commenced within that time to collect the amount due by enforcing (foreclosing) the lien (HRS § 507-43(e)). After demand and refusal or neglect to pay, the lien is enforced by an action filed in the circuit court of the circuit where the property is situated (HRS § 507-47).