Hawaii Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanic Lien Rights Under H.R.S. §507-41 et seq. — Private Works, Payment Bonds & Public Projects
Hawaii mechanic lien deadline table with toggles for project type and claimant type.
Hawaii Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
File the Application for Lien and Notice of Lien with the Circuit Court in the circuit where the property is located within 45 days after the date of completion of the improvement.
The date of completion is a statutorily defined event: it runs from the date a Notice of Completion is published and filed with the clerk of the circuit court.
If no Notice of Completion is filed, the date of completion is deemed to be one year after actual completion or abandonment, so the lien window can extend up to one year and 45 days after the work ends.
The Circuit Court holds a probable-cause hearing; if granted, the court enters an Order Directing Lien to Attach.
Commence suit to foreclose the lien within 3 months after the court enters the Order Directing Lien to Attach. The lien cannot be extended; failure to sue within this window extinguishes the lien.
Preliminary Notice
Mechanic Lien
File the Application for Lien and Notice of Lien with the Circuit Court in the circuit where the property is located within 45 days after the date of completion of the improvement.
The date of completion is a statutorily defined event: it runs from the date a Notice of Completion is published and filed with the clerk of the circuit court.
If no Notice of Completion is filed, the date of completion is deemed to be one year after actual completion or abandonment, so the lien window can extend up to one year and 45 days after the work ends.
The Circuit Court holds a probable-cause hearing; if granted, the court enters an Order Directing Lien to Attach.
Enforcement
Commence suit to foreclose the lien within 3 months after the court enters the Order Directing Lien to Attach. The lien cannot be extended; failure to sue within this window extinguishes the lien.
Hawaii Mechanic Lien Law Overview
Hawaii construction mechanic lien rights are governed by Hawaii Revised Statutes (H.R.S.) §507-41 et seq. This statutory framework protects the payment rights of contractors, subcontractors, materialmen, and laborers who furnish labor, services, or materials for the improvement of real property in the State of Hawaii.
Unlike many other states, Hawaii does not require a preliminary notice as a prerequisite to filing a mechanic lien on private projects. All claimants — including contractors, subcontractors, materialmen, and laborers — may pursue mechanic lien rights without serving any advance notice on the property owner or general contractor.
Hawaii's mechanic lien filing process is unique in that claimants must file an Application or Materialman's Mechanic Lien together with a Notice of Mechanics' & Materialman's Mechanic Lien & Demand for Payment with the Circuit Court where the property is located. The filing deadline is tied to the Notice of Completion: within 45 days after the affidavit certifying publication of the Notice of Completion is filed, or within 1 year and 45 days after substantial completion or abandonment if no affidavit is filed.
For public works projects, Hawaii requires a payment bond of at least 100% under H.R.S. §103D-324. Subcontractors, materialmen, and laborers must serve notice on the contractor and surety within 90 days of last furnishing, and suit must be filed not less than 90 days and not more than 1 year after the last labor or materials were provided. National Lien & Bond provides authoritative guidance on every aspect of Hawaii construction mechanic lien compliance.
Topics on This Page
Hawaii Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for Hawaii construction mechanic lien law.
Notice Requirements
Preliminary and statutory notice obligations for private works and public works payment bond claims under Hawaii law
Mechanic Lien Deadlines
Mechanic Lien application and filing requirements, Circuit Court procedures, and statutory deadlines tied to the Notice of Completion
Mechanic Lien Enforcement Deadlines
Foreclosure deadlines, Order Directing Mechanic Lien to Attach, bond claim suit timelines, and public works enforcement
Frequently Asked Questions
What statute governs mechanic liens in Hawaii?
Mechanic liens on private construction projects in Hawaii are governed by Hawaii Revised Statutes (H.R.S.) §507-41 et seq. Public works payment bond claims are governed by H.R.S. §103D-324, which requires a minimum 100% payment bond.
Is a preliminary notice required to file a mechanic lien in Hawaii?
No. Hawaii does not require any preliminary notice as a prerequisite to filing a mechanic lien on private projects. All claimants — contractors, subcontractors, materialmen, and laborers — may file a mechanic lien application without advance notice.
What is the deadline to file a mechanic lien in Hawaii?
If a Notice of Completion affidavit is filed, the mechanic lien application must be filed with the Circuit Court within 45 days. If no Notice of Completion affidavit is filed, the deadline is 1 year and 45 days after substantial completion or abandonment of the project.
How does a Hawaii mechanic lien differ from other states?
Hawaii's mechanic lien process is unique in several ways: mechanic liens are filed with the Circuit Court rather than a county recorder, no preliminary notice is required, the mechanic lien does not attach until the court issues an Order Directing Mechanic Lien to Attach, and the enforcement deadline is only 3 months after the order is entered.
What are the notice requirements for Hawaii public works bond claims?
Under H.R.S. §103D-324, subcontractors, materialmen, and laborers not in privity with the prime contractor must serve written notice on the contractor and surety within 90 days of their last furnishing of labor or materials.
What is the deadline to file suit on a Hawaii public works payment bond?
Suit must be filed not less than 90 days after the claimant's performance and not more than 1 year after the last day labor was performed or materials were supplied for the work provided in the contract. H.R.S. §103D-324.