Hawaii Mechanic Lien Filing Deadlines

Mechanic Lien Application and Filing Requirements (H.R.S. §507-42)

To perfect a mechanic lien in Hawaii, a claimant 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 in the circuit where the property is located. This two-part filing requirement is a distinctive feature of Hawaii's mechanic lien law.

The application must contain sufficient information to identify the claimant, the property, the nature of the labor or materials furnished, and the amount claimed. The Notice of Mechanics' & Materialman's Mechanic Lien & Demand for Payment must also be served upon all parties with an interest in the property and the contracting party.

Filing Deadline — Notice of Completion Filed (H.R.S. §507-43)

When the property owner files an affidavit certifying publication of the Notice of Completion, the claimant must file the mechanic lien application and notice with the Circuit Court within 45 days after the affidavit is filed. Copies of the application and notice must also be served upon all other parties with an interest in the property and the contracting party.

The 45-day deadline runs from the date the affidavit certifying publication of the Notice of Completion is actually filed with the court — not from the date of completion itself. Claimants must monitor court filings to ensure they do not miss this critical deadline.

Filing Deadline — No Notice of Completion Filed

If no affidavit certifying publication of the Notice of Completion is filed, the claimant has an extended deadline: the mechanic lien application and notice must be filed within 1 year and 45 days after the date of substantial completion or abandonment of the project as a whole.

This fallback deadline provides important protection for claimants on projects where the owner does not file a Notice of Completion. However, claimants should not rely on this extended deadline as a matter of course; waiting too long to assert mechanic lien rights can complicate enforcement and create evidentiary challenges.

Who May File a Mechanic Lien in Hawaii

Under H.R.S. §507-41, the following parties are entitled to file a mechanic lien on private construction projects in Hawaii:

• General contractors who contract directly with the property owner
• Subcontractors who furnish labor or materials under a subcontract
• Materialmen and material suppliers who furnish materials for the improvement
• Laborers who perform work on the improvement of the property

Service of the Mechanic Lien Application and Notice

In addition to filing with the Circuit Court, the claimant must serve copies of both the mechanic lien application and the Notice of Mechanics' & Materialman's Mechanic Lien & Demand for Payment upon all parties with an interest in the property and the contracting party. This service requirement ensures that all stakeholders are aware of the mechanic lien claim.

Failure to properly serve the application and notice on all required parties may jeopardize the validity of the mechanic lien. Claimants should use certified mail or personal service to ensure proof of delivery and maintain copies of all documents served.

Mechanic Lien Amount and Priority Considerations

The mechanic lien attaches to the property upon the entry of an Order Directing Mechanic Lien to Attach by the Circuit Court. The amount of the mechanic lien is limited to the reasonable value of the labor, services, or materials furnished by the claimant.

Hawaii's mechanic lien priority rules differ from many other states because the mechanic lien does not automatically attach upon filing. Instead, the court must issue an Order Directing Mechanic Lien to Attach, which establishes the priority of the mechanic lien relative to other encumbrances on the property. This judicial oversight provides additional protections for property owners while still preserving the payment rights of claimants.