Hawaii Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Hawaii liens are filed and enforced
A Hawaii mechanics lien is filed with the State Bureau of Conveyances in the county where the project sits — 45 days from completion. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and Hawaii claimants lose rights far more often by missing the second one than the first.
Hawaii deadlines by claimant role
For subcontractors and suppliers: Preliminary notice — 45 days from first furnishing (HRS § 507-43); Record the lien — 45 days from project completion (HRS § 507-46); file suit — 1 years from lien recorded (HRS § 507-50); bond notice — 90 days from last furnishing (HRS § 103D-324); file suit — 1 years from last furnishing (HRS § 103D-324); miller act notice — 90 days from last furnishing (40 U.S.C. § 3133(b)(2)). For general contractors: Record the lien — 45 days from project completion (HRS § 507-46). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to Hawaii
REQUIRED: Sub/supplier must serve notice on owner within 45 days of first furnishing. Late service covers only work done after date of notice. File notice of lien within 45 days of completion of the project (or recording of notice of completion). File notice of lien within 45 days of project completion. Must have served preliminary notice first. File suit to enforce lien within 1 year of recording. Written notice within 90 days of last furnishing on public works projects. File suit on payment bond within 1 year of last furnishing. Second-tier claimants only. No notice = no bond claim. File no sooner than 90 days AND no later than 1 year.
How Hawaii notices must be served
Hawaii does not impose a preliminary notice on most claimants (N/A), but the notices it does require are strict on method. Accepted delivery for the notices tracked here: Certified Mail, Return Receipt Requested. Service runs to the Owner and GC. Keep the proof of service in the project file — Hawaii disputes over whether a notice was properly served are decided on that documentation.
Public projects in Hawaii
No lien attaches to public property in Hawaii. On public state local and public federal work the remedy is a payment bond claim instead — bond notice within 90 days of last furnishing, served on the Prime Contractor and Surety (HRS § 103D-324). 4 public-project deadlines are tracked for Hawaii.
Hawaii statute citations
The Hawaii deadlines above come from HRS § 507-43, HRS § 507-46, HRS § 507-50, HRS § 103D-324, 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), HRS § 103-10, HRS § 444-26. Statutes are amended periodically — verify current text before relying on any date, and consult a licensed Hawaii construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in Hawaii?
45 days — From completion. The filing goes to the State Bureau of Conveyances in the project's county. See HRS § 507-46. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in Hawaii?
With the State Bureau of Conveyances in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does Hawaii require a preliminary notice?
Not for most claimants (N/A). Sub-tier claimants should still document first furnishing, because Hawaii's filing and enforcement windows are applied strictly.
How long do you have to enforce a Hawaii mechanics lien?
3 months — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in Hawaii?
Retainage released within 45 days of final acceptance. 10% maximum retainage. (HRS § 444-26).