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Need to know Find your county recorder BackIf unpaid on a private (residential/commercial / industrial construction project in Hawaii, you can file an “Application for Mechanic’s and Materialmen’s Lien” against the property. The experience of filing a mechanics lien claim in Hawaii is a bit different than in other states because the filing opens a formal court proceeding on the lien claim.
Fill out the form on the right to download your Hawaii Mechanics Lien Form.
First and foremost, there are no preliminary notice requirements in Hawaii. As far as when and how to file a claim, the deadline to file a Hawaii mechanics lien is within 45 days from the completion of the improvement. But this isn't always as clear. If there was a Notice of Completion filed on the project, then that will mark the "completion date" and the claim must be filed within 45 days of the filing of that notice. However, if no Notice of Completion was filed, then the improvement is deemed to be "complete" one year after substantial completion. To actually file your Hawaii mechanics lien claim, this involves filling out both an Application for Lien, and a Notice of Lien that sets forth the facts underlying the claim. Both of these documents will need to be filed with the Circuit Court where the property is located. Once filed, a copy of both needs to be served on the owner (and any other person with interest in the property) and the contractor who hired you. After which, the court will schedule a hearing to determine if there is probable cause for the claim to attach. If so, the claim will be attach and be valid for 3 months. The claim will need to be enforced within that 3-month time span, or else it will expire, and no longer be enforceable. For a full breakdown of this process, see: How to File a Hawaii Mechanics Lien | A Step-by-Step Guide
Answered by Alex Benarroche | Levelset Admin https://www.levelset.com/payment-help/question/emergency-plumbing-services/All Hawaii mechanics lien claims will need to be made within the deadline to file, regardless of whether the work is emergency work. But, to be sure, Hawaii's mechanics lien deadline is a bit complicated. Hawaii mechanics liens must be filed within 45 days of completion of the project. However, the completion date will be dependent on when a Notice of Completion is filed. So, the deadline will run from the filing of that Notice of Completion. If the Notice of Completion is not filed - then the completion date will be 1 year from when the job was completed or abandoned. Meaning, if a Notice of Completion isn't filed, then the lien window could be as long as 1 year and 45 days after completion or abandonment. As for whether you should pay the bill - that's ultimately up to you. It's possible that the claimant could pursue a mechanics lien even if there's a dispute over there workmanship, and it's also possible they might seek some other form of recourse (like filing legal claims). Granted, if there was an issue with their work, the owner could absolutely challenge the lien or legal claim and end up winning damages, attorney fees, court costs, etc.
Answered by Matt Viator | Levelset Admin https://www.levelset.com/payment-help/question/can-i-put-a-lien-on-this-job/A Notice of Intent to Lien is not a required notice in Hawaii. So, the determination of whether to send a Notice of Intent or other demand for payment (demand letter, payment reminder, etc.) is solely in the hands of the potential claimant.
There are several rules and requirements that must be met in order to be able to properly claimant mechanics lien in Hawaii. Licensing If a party or entity is required to be licensed by state law, that party/entity must have a license in order to have valid mechanic lien rights. However, Hawaii has a "handyman" exception to the licensing requirements that allow for work to be done by an unlicensed party in amounts up to $1,500 (excluding taxes). However, this exception does not apply to work for which a permit is required, or for plumbing or electrical work. Deadlines Mechanics liens in Hawaii have specific deadlines that must be met. In Hawaii, a lien claimant must file the lien within 45 days of the completion of the improvement. If that deadline passes, no valid lien may be claimed.
