Mechanics liens

Hawaii mechanics lien law and deadlines

Hawaii liens go through the circuit court. You file an application and notice within 45 days after the date of completion, a judge decides at a hearing whether the lien attaches, and the lien expires three months after that order unless you start collection proceedings.

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Hawaii does not let a claimant simply record a mechanic's lien. Under Hawaii Revised Statutes § 507-43, you file an application for a mechanic's and materialman's lien, with a notice, in the circuit court where the property is located, not later than 45 days after the date of completion of the improvement. The court holds a return-day hearing 3 to 10 days after service and decides whether there is probable cause for the lien to attach. If it does, the court enters an Order Directing Lien To Attach, and the lien expires three months after that order unless proceedings to collect are started. Everything turns on the "date of completion," which the owner can fix by publishing a notice of completion.

Hawaii mechanic's lien deadlines at a glance
StepDeadline or ruleHRS
Who can lienAny person or association furnishing labor or material in the improvement of real property§ 507-42
Preliminary noticeNone found in Part II of Chapter 507Ch. 507, Part II
Application and noticeFile in circuit court not later than 45 days after the date of completion§ 507-43(b)
Return-day hearingNot less than 3 nor more than 10 days after service; judge decides probable cause§ 507-43(a)
Land Court propertyFile a certified copy of the Order Directing Lien To Attach within 7 days after entry§ 507-43(b)
ForeclosureLien expires 3 months after the order unless collection proceedings start§ 507-43(e)
No published notice of completionCompletion deemed 1 year after actual completion or abandonment§ 507-43(g)
Public projectsNo lien; payment bond on construction contracts over $25,000§ 103D-324

Who has lien rights in Hawaii

Section 507-42 gives a lien to any "person or association of persons furnishing labor or material in the improvement of real property." It does not list job titles, so general contractors, subcontractors, and material suppliers are covered by the plain words. Design professionals are not named; whether an architect's or engineer's services count as furnishing labor is a question to take to a Hawaii attorney before you rely on it. The lien attaches to the improvement and the owner's interest in the land, and it can reach a lessor's or vendor's interest where a lease or sales contract required the improvement. The lien secures the agreed price, or the fair and reasonable value of the labor and materials if the price is higher than that value or no price was agreed.

Licensing matters more here than in most states. Under § 507-49(b), a general contractor or subcontractor that must be licensed under Chapter 444 has no lien rights unless it was licensed when it did the work, and a properly licensed sub loses its lien if it was hired by an unlicensed contractor that needed a license. On property used primarily for dwellings, § 507-49(a) also denies a lien to a supplier that sold to an unlicensed contractor or extended unreasonable credit. Credit is presumed reasonable if the supplier took a current credit application or did a reasonable credit check. Check the Hawaii contractor license guide before you bid.

No preliminary notice, but the completion notice drives the clock

Part II of Chapter 507 does not require a preliminary notice or notice to owner before filing. What it does have is a notice of completion. Under § 507-43(f), a notice of completion is published twice, seven days apart, in a newspaper of general circulation in the county; if the owner does not publish, the contractor may do so only after making a written demand on the owner and giving the owner five days to publish. If no valid notice of completion is published and filed within one year after actual completion or abandonment, § 507-43(g) deems the date of completion to be one year after actual completion or abandonment. So on a job where the owner publishes, the 45 days can start soon after your last day on site. Watch the legal notices section of the local paper.

Filing the application and the probable cause hearing

The application and notice go to the circuit court of the circuit where the property sits and are served on the parties. At the return-day hearing, set 3 to 10 days after service, the judge decides whether probable cause exists for the lien to attach and, on dwellings, whether any credit to an unlicensed or overextended contractor was reasonable. If the property is registered in Land Court, the lienor files a certified copy of the Order Directing Lien To Attach with the assistant registrar within seven days after it is entered. Say a tile sub wraps up a Kailua remodel on March 3 and the owner's published notice of completion makes March 10 the statutory date of completion. The application has to be on file in the First Circuit within 45 days of that completion date, by April 24.

Enforcing the lien

Under § 507-47, after demand for payment is refused or ignored, the lien is enforced by an action in the circuit court of the circuit where the property is located. Section 507-43(e) gives the deadline: the lien expires three months after the Order Directing Lien To Attach is entered unless proceedings to collect are commenced within that time. If sale proceeds are not enough to pay every lien, § 507-47 shares the money among lienholders in proportion to their principal amounts, with priority wage claims first, regardless of filing order.

Lien waivers in Hawaii

The Chapter 507 sections reviewed for this page do not prescribe a statutory lien waiver form or address advance waivers. That leaves the subcontract and the waiver language itself in control, so read every waiver an owner or GC sends. Sign conditional waivers for progress payments, keep unconditional waivers for money that has actually cleared, and track which waivers cover which pay applications.

Homeowner work: disclosure before the contract

Residential work brings in § 444-25.5 of the contractor licensing law. Before entering a contract with a homeowner, or when the homeowner signs, a licensed contractor must explain verbally and in detail the lien rights of everyone on the project (homeowner, contractor, subs, and suppliers), the homeowner's option to require a bond and how it would protect them, and its approximate cost. The contractor must then give a written contract, signed by both parties before any work starts, that includes those disclosures and notice of the contractor's right to resolve alleged construction defects before litigation. A violation is an unfair or deceptive practice, and the case notes to § 444-25.5 cite a Hawaii appellate decision holding that a contractor who skipped the disclosures had a void contract and no lien. "Homeowner" includes condominium and cooperative unit owners or lessees.

Public projects use payment bonds instead

Public property cannot be liened. Under the procurement code, § 103D-324 requires a payment bond on construction contracts over $25,000, equal to 100 percent of the contract price, protecting all persons supplying labor and material to the contractor. Unpaid claimants give written notice within 90 days after their last labor or materials and sue within one year in the circuit court where the project is located. Also review Hawaii prompt payment and Hawaii prevailing wage rules.

Frequently asked questions

How long do I have to file a mechanic's lien in Hawaii?

File the application and notice in the circuit court where the property is located not later than 45 days after the date of completion of the improvement (HRS § 507-43(b)). The date of completion can be set by a published notice of completion.

Does Hawaii require a preliminary notice?

Part II of Chapter 507 does not require a preliminary notice or notice to owner. Residential contractors do have a disclosure duty to homeowners about lien rights under § 444-25.5.

How long does a Hawaii mechanic's lien last?

Under § 507-43(e), the lien expires three months after the Order Directing Lien To Attach is entered unless proceedings to collect are commenced within that time.

Can an unlicensed contractor file a lien in Hawaii?

No. Under § 507-49(b), a contractor or subcontractor required to be licensed under Chapter 444 has no lien rights unless it was licensed when the work was performed.

Can I lien a Hawaii public project?

No. Construction contracts over $25,000 require a payment bond under § 103D-324. Claimants give written notice within 90 days after their last work and sue within one year.

Sources

  1. Hawaii State Legislature: HRS § 507-43, Filing notice, contents (archive.org copy, May 2025)
  2. Hawaii State Legislature: HRS § 507-42, When allowed (archive.org copy, January 2026)
  3. Hawaii State Legislature: HRS § 507-47, Demand, enforcement, foreclosure (archive.org copy, February 2025)
  4. Hawaii State Legislature: HRS § 507-49, Exceptions (archive.org copy, December 2023)
  5. Hawaii State Legislature: HRS § 444-25.5, Disclosure; contracts (archive.org copy, February 2025)
  6. Hawaii State Legislature: HRS § 103D-324, Contract performance and payment bonds (archive.org copy, July 2025)

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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