Hawaii Bond or Lien Claim, Private Work
Bond or Lien Claim-Private Work
Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for it's content. Please use in conjunction with advice from your attorney.
Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.
Warning: Lien laws in Hawaii are very complex. We strongly urge you to consider using your attorney to enforce your claim and make sure these documents are filed in a proper and timely fashion.
Description: Application for and Notice of Lien.
Scope: State of Hawaii, Private Works.
Time Constraints: You must file with the county recorder’s office, in the county where the project is located, your Application for and Notice of Lien within 45 days after the date which the owner files his notice of completion, or, if a notice of completion is not filed, you must file within 1 year after the improvement is completed or abandoned.
Copies of the Application and Notice must be served upon the owners and contractors at the time of filing, and proof of service is returnable not less than 3 days but not more than 10 days after service.
Perfection: After service, things get a lot more complicated. Hearings must first be set in the county court where the project is located to determine the amounts due and what probable cause there is for a lien. Once the lien is granted, you must file suit within 3 months after the date the order to attach was granted by the court.
Payment Bond: When a Payment Bond has been provided by a surety, after you have filed your Mechanic's Lien file suit against the sureties within the time frame set forth in the bond.
Lien Bond: A lien may be discharged by the owner by the filing of cash or a lien bond for twice the amount of the claim amount.
The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.
Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary. In the case of Bond Claims, the lenders or sureties will reserve only the amount for which you make claim), whether the property to be liened is held under a leasehold estate, and the county of the state where the recording will be made.
Form Types: Application for and Notice of Lien, Exhibit’s A-D, if needed, Proof of Personal Service Affidavit (if personal service is used, otherwise use certified mail) and the Recorder's Letter.
Procedures: Within the statutory time limits, prepare your documents using the required information. File your lien claim, and send copies by certified mail immediately to the owner (a copy for the prime contractor is also in order) and a copy to the sureties, if known. At this point you are ready to file suit to enforce all of your claims in one action.
Important: Most of the land in Hawaii is held under leasehold estates, that is, very long term grants of usage from the owners of the land to the lessor, who actually owns the improvements. If the land to be liened is held under this arrangement, it must be noted on the Application and Notice.
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