Hawaii Mechanic's Lien Template

Filing Deadline

Application for Lien and Notice of Lien must be filed no later than 45 days after the 'date of completion' of the improvement (HRS 507-43).

Clock starts: Date of completion = when the owner or GC publishes a Notice of Completion and files an affidavit of publication with the circuit court clerk. If no valid Notice of Completion is published/filed within 1 year of actual completion or abandonment, the 'date of completion' is deemed to be 1 year after actual completion/abandonment.

Where to Record

Hawaii is unique: liens are NOT recorded with the county Bureau of Conveyances or county recorder. The Application for Lien and Notice of Lien are FILED AS A LAWSUIT with the Clerk of the Circuit Court for the judicial circuit where the property is located. Oahu (largest county, Honolulu) = First Circuit Court, Ka'ahumanu Hale, 777 Punchbowl Street, Honolulu, HI 96813 (Civil Filing Window, 1st floor; 8:00 a.m.–4:15 p.m. M–F). Maui = Second Circuit (Wailuku); Hawaii Island = Third Circuit (Hilo/Kona); Kauai = Fifth Circuit (Lihue).

Notarization

Not required by statute.

Notarization is not statutorily required for the Application for Lien or Notice of Lien under HRS 507-43. However, because the document is filed as a court pleading, it must comply with Hawaii Rules o

Service Requirement

After filing, the Application and Notice of Lien must be served on (1) the property owner, (2) any party with an interest in the property (e.g., lender/mortgagee), and (3) the party who contracted for the improvements if different from the owner — served in the manner prescribed for service of a civil summons under the Hawaii Rules of Civil Procedure (personal service by a process server or sheriff is standard; certified mail is generally NOT sufficient for the owner). The filing must be 'returnable' (i.e., set for hearing) not less than 3 and not more than 10 days after service. The court then holds a probable-cause hearing to decide whether the lien attaches.