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A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules governing who can file a lien, what notices are required, and timelines for filing and enforcement. This guide covers the essentials of Hawaii's mechanic's lien laws to help you protect your right to payment.
Not required
Not required
Not required
Not required
Not required
Not required
Within 45 days after date of completion
Within 45 days after date of completion
Within 45 days after date of completion
Within 3 months after the lien attaches
Within 3 months after the lien attaches
Within 3 months after the lien attaches
Reasonable value of unpaid labor and materials
Reasonable value of unpaid labor and materials
Unpaid wages for labor performed
Mechanic's lien rights in Hawaii are governed by Haw. Rev. Stat. §§ 507-41 through 507-49 and apply only to private construction projects. (Public projects cannot be liened. If you are unpaid on public work, your remedy is through a payment bond claim, not a lien against the property.)
Hawaii's lien system differs from most states. Liens do not arise automatically upon recording. Instead, a lien only exists after a court reviews and enters an Order Directing Lien to Attach. This makes timing, service, and documentation especially important. Let's get into it.
In Hawaii, mechanic's lien rights extend to “any person or association of persons furnishing labor or material in the improvement of real property.” This includes:
- General (original) contractors
- Subcontractors and lower-tier subcontractors
- Material suppliers and vendors
- Laborers and workers
- Equipment suppliers and machinery providers
- Architects, engineers, and design professionals who prepare drawings and supervise work
To be eligible for a mechanic's lien in Hawaii, your work or materials must constitute “an improvement” to real property. This definition is quite open-ended, so here are some examples of what’s considered lienable and not lienable in Hawaii.
Lienable Work
- On-site labor and construction services (clearing, grading, excavating, construction, repairs, and alterations)
- Materials incorporated into the improvement
- Transportation and delivery of materials to the site
- Equipment or machinery used on the project (reasonable rental value)
- Architectural, engineering, and supervision services
Non-Lienable Work
- Work on public projects
- Purely administrative or overhead costs
- Cash advances or financing
- Hand tools
Hawaii doesn’t require any preliminary notice requirements before filing a lien, but filing a lien does involve two pieces of paperwork submitted at the same time: an Application for a Lien and a Notice of Lien.
Deadline to File
In Hawaii, all lien claimants must file both an Application for a Lien and a Notice of Lien together in a single court filing within 45 days of the “date of completion” (Haw. Rev. Stat. § 507-43(b)).
The date of completion is determined in one of two ways:
- If a Notice of Completion is filed: The completion date is the date the notice is fully published and filed. The lien must be filed within 45 days after that date.
- If no Notice of Completion is filed: The improvement is considered complete one year after the actual completion or abandonment, and the lien must be filed within 45 days after that date.
Missing this deadline will permanently forfeit your lien rights.
An important note: While filing the Application for a Lien and a Notice of Lien within this 45-day window preserves your lien rights, it does not automatically attach a lien to the property. The lien only attaches later if the court approves the claim and issues an Order Directing Lien to Attach (Haw. Rev. Stat. § 507-43(a)).
Filing Requirements
- Filing location: The office of the clerk in the Circuit Court where the property is located.
- Form requirements: File an Application for a Lien, accompanied by a written Notice of Lien, that includes:
- Lien claim amount
- Description of labor or materials furnished
- General property description (e.g., address)
- Information necessary for understanding the claim
- Name of assignor if assigned
- Names of parties contracted for the project
- Name of the GC
- The owner’s name, along with anyone with an interest in the property
- Verification: Hawaii mechanic’s liens do not need to be notarized.
- Filing fee: Set by the circuit court and varies by location.
Service Requirements
After filing your Hawaii mechanic’s lien, you must deliver a copy of both the Application for a Lien and Notice of Lien to the property owner, the party who contracted for the work, and the GC (if different) (Haw. Rev. Stat. § 507-43(a)).
Copies must be delivered through formal legal service—like a process server or sheriff—not regular mail. In some cases, the court may allow notice to be posted on the property.
Unlike in many states, Hawaii’s timeline moves quickly. Here’s what to expect throughout the process.
Enforcement Requirements
- Enforcement deadline: Within three months after the lien attaches (the court enters an Order Directing Lien to Attach).
- Filing location: Circuit court where the property is located.
- Lien priority: Most mechanic’s liens share equal priority, regardless of when they are filed. Lien priority generally relates back to the visible commencement of operations on the project, and if foreclosure proceeds are insufficient, lien claimants are paid pro rata.
Lien Release Requirements
Once a Hawaii mechanic’s lien is paid or otherwise resolved, a written notice of satisfaction must be filed with the Circuit Court (and the Land Court, if applicable) to clear the lien from the property (Haw. Rev. Stat. § 507-46).
- Unified workflow: Manage lien rights within your billing and collections workflow to keep payment context in one place.
- Automated compliance: Automatically track critical deadlines and milestones based on each state's lien laws.
- Meaningful visibility: View the lien protection status for each project to identify and mitigate risk.
- Document creation: Generate state-specific lien notices instantly using existing project data
- Integrated delivery: Send notices via certified mail directly from Siteline to streamline delivery.
Generally no. Hawaii requires all contractors to be licensed when working on construction projects in the state.
Yes! Anyone from GCs to subcontractors to lower-tier contractors and suppliers can file a lien in Hawaii.
Sort of, and only as it applies to the filing deadline.
In Hawaii, the lien filing deadline is always 45 days, but the start of that 45-day clock can be accelerated if the owner or GC properly publishes and files a Notice of Completion. When that notice is filed, it establishes the project’s completion date and immediately starts the 45-day lien filing period (Haw. Rev. Stat. § 507-43(b), (f)).
If no Notice of Completion is filed, the project is deemed completed one year after actual completion or abandonment, and the 45-day filing clock starts then.
No, Hawaii doesn’t require any member of the construction team to submit a preliminary notice on private jobs.
No. Hawaii does not mandate statutory lien waiver forms. However, it’s best practice to use clear, unambiguous language and specify the payment and work period covered by the waiver. You can learn more about Hawaii lien waivers here.
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In Hawaii, you may lien for the reasonable value of unpaid labor and materials furnished to the project. This generally includes labor, materials, equipment rental value, and qualifying professional services, but not attorneys’ fees, interest, or consequential damages.
Hawaii doesn’t require a written contract to file a mechanic’s lien; however, it may be in your best interest to create one to protect your lien rights.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.