Construction Liens in Hawaii

Overview

Sources

Hi. Rev. Stat. §§ 507-41 et seq.

Authorized Claimants

When allowed; lessees, etc. Any person or association of persons furnishing labor or material in the improvement of real property shall have a lien upon the improvement as well as upon the interest of the owner of the improvement in the real property upon which the same is situated... (Hi. Rev. Stat. §507-42)

Lien Priority

The lien shall relate to and take effect from the time of the visible commencement of operations for the improvement...and shall have priority over all other liens of any nature, except liens in favor of any branch of the government and mortgages, liens or judgments recorded or filed prior to the time of the visible commencement of operation... (Hi. Rev. Stat. §507-46)

Notices and Registries

Filing Deadlines

The Application and Notice shall be filed not later than forty-five days after the date of completion of the improvement against which it is filed NOTE: if property is registered in the land Court records, "it shall be incument upon the lienor to file...with seven days"... (Hi. Rev. Stat. 507-43(b))

Enforcement Deadlines

The lien shall expire three months after the entry of the Order Directing Lien to Attach unless proceedings are commenced within that time to collect the amount due thereon by enforcing the same. (Hi.Rev.Stat. 507-43 (e) )