Updated August 2025 | All statutory references in this article reflect the Hawaii Revised Statutes, Title 28, Chapter 507, Part II (2024 codification)
Filing a mechanics lien in Hawaii is unique compared to most states. A lien does not automatically attach when you record a document — instead, it is a judicial process. You must petition the circuit court, serve notice, and attend a hearing before the court issues an order establishing the lien (HRS §507-43).
For subcontractors and material suppliers, this means extra steps and strict compliance with Hawaii law. While it requires more effort, the lien can still be an effective tool to secure payment.
Who Can File a Hawaii Mechanics Lien
According to HRS §507-42, the following parties have lien rights:
- Contractors and subcontractors furnishing labor or materials
- Material suppliers providing goods incorporated into the project
- Laborers directly performing work on the improvement
- Architects, engineers, surveyors, and design professionals, provided their services are incorporated into the project
If you are unpaid for work or materials contributing to the permanent improvement of property, you may qualify to file.
Preliminary Notice in Hawaii
Hawaii law does not require a preliminary notice to preserve lien rights. However, serving one voluntarily can be useful.
Why Serve a Voluntary Preliminary Notice?
- Alerts the owner and GC to your involvement on the project
- Strengthens communication channels
- May accelerate payment, especially if you don’t contract directly with the owner
Deadline for Serving Preliminary Notice
There is no statutory deadline. As a best practice, send it early — ideally within the first week of starting work.
Recommended Information to Include
- Your name and address
- Hiring party’s name
- Property owner’s name
- Property description (sufficient for identification)
- Contract amount or estimated value of work
- Statement reserving lien rights if unpaid
Failure to serve notice has no statutory consequence, but it may help you get paid faster.
When to File a Hawaii Mechanics Lien
The deadline is governed by HRS §507-43(b):
- 45 days after a Notice of Completion is filed with the Bureau of Conveyances or Land Court.
- If no Notice of Completion is filed, you have up to 12 months after substantial completion of the improvement.
Missing these deadlines will forfeit lien rights.
How to File a Hawaii Mechanics Lien
Step 1: Prepare the Petition and Affidavit
Your lien petition must include (HRS §507-43(a)):
- Names of the parties who hired you
- General contractor’s name
- Property owner and any known parties with an interest
- Verified statement under oath of the amount due
- Detailed description of labor, services, or materials furnished
- Legal description of the property
Important: The petition must be verified by affidavit (sworn statement). The original draft incorrectly said notarization was not needed — while notarization per se is not required, an affidavit under oath is mandatory.
Step 2: File in the Circuit Court
File the petition in the circuit where the property is located. Filing is not just a recording act — it begins a judicial proceeding.
The court will issue an order to show cause, setting a hearing between 3–10 days after filing (HRS §507-43(d)).
Step 3: Serve Notice and Petition
Copies of the petition and hearing notice must be personally served on:
- The property owner
- The general contractor
- Any other parties with an interest (mortgagees, sureties, etc.)
Personal service is required; mailing alone is insufficient.
Step 4: Court Hearing
At the hearing, the court determines if probable cause exists for the lien. If approved, the lien attaches as of the date of the court’s order (HRS §507-45).
Step 5: Lien Release After Payment
If the lien is satisfied, the owner or party paying must file a lien release with the court clerk to clear the records. Failure to do so can result in damages against the lienee (HRS §507-48).
Enforcing a Hawaii Mechanics Lien
Establishing the lien is only half the process. To recover payment, you may need to enforce it.
- Enforcement must occur within 3 months after the lien attaches (HRS §507-47).
- Enforcement is done by filing a foreclosure lawsuit in the circuit court. If missed, the lien automatically expires.
- Serving a Notice of Intent to Foreclose before filing can sometimes prompt payment and avoid litigation.
Best Practices for Filing a Hawaii Mechanics Lien
- Send a Voluntary Preliminary Notice
Even though not required, it builds communication and reduces disputes. - Track Notices of Completion
Owners file these with the Bureau of Conveyances or Land Court. Monitoring them tells you when your 45-day lien period starts. - File Promptly and Serve Properly
Waiting too long or serving incorrectly can invalidate your claim.
Consider a Notice of Intent to Foreclose
A pre-lawsuit warning often leads to settlement without full foreclosure.