Mechanics Lien Deadlines in Hawaii
Hawaii's mechanic's and materialman's lien law sets who may claim a lien, a forty-five day window to file the application after the date of completion, a court hearing before the lien attaches, and a three month period to enforce the lien after the order directing it to attach.
In Hawaii, mechanic's and materialman's liens are governed by Part II of Chapter 507 of the Hawaii Revised Statutes. A person who furnishes labor or material to improve real property may claim a lien by applying to the circuit court where the property is situated, and the statute fixes the time to file the application and the time to enforce the lien once it attaches.
Filing and enforcing a mechanics lien in Hawaii
Any person or association of persons furnishing labor or material in the improvement of real property has a lien upon the improvement and upon the interest of the owner of the improvement in the real property. 1
A person claiming a lien must apply for it to the circuit court of the circuit where the property is situated. 2
The Application and Notice must be filed not later than forty-five days after the date of completion of the improvement against which it is filed. 3
The Application and Notice are returnable not less than three nor more than ten days after service. 4
On the return day a hearing is held by the court to determine whether probable cause exists to permit the lien to attach to the property. 5
The notice of completion may not be published by the contractor until the contractor has made written demand upon the owner to publish it and the owner has failed to publish the notice within five days from the date of the demand. 6
The lien expires three months after the entry of the Order Directing Lien to Attach unless proceedings are commenced within that time to collect the amount due by enforcing the lien. 7
Sources
Any person or association of persons furnishing labor or material in the improvement of real property has a lien upon the improvement and upon the interest of the owner of the improvement in the real property.
A person claiming a lien must apply for it to the circuit court of the circuit where the property is situated.
The Application and Notice must be filed not later than forty-five days after the date of completion of the improvement against which it is filed.
The Application and Notice are returnable not less than three nor more than ten days after service.
On the return day a hearing is held by the court to determine whether probable cause exists to permit the lien to attach to the property.
The notice may not be published by the contractor until the contractor has made written demand upon the owner to publish the notice and the owner has failed to publish the notice within five days from the date of the demand.
The lien expires three months after the entry of the Order Directing Lien to Attach unless proceedings are commenced within that time to collect the amount due by enforcing the lien.
Frequently asked questions
- Who can claim a mechanics lien in Hawaii?
- Any person or association of persons furnishing labor or material in the improvement of real property may claim a lien on the improvement and on the owner's interest in the real property.
- How long do I have to file a mechanics lien in Hawaii?
- The Application and Notice must be filed not later than forty-five days after the date of completion of the improvement against which it is filed.
- How long does a Hawaii mechanics lien last before it must be enforced?
- The lien expires three months after the entry of the Order Directing Lien to Attach unless proceedings are commenced within that time to enforce it.
Last reviewed 8.4.26
This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.