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Hawaii Mechanics Lien Frequently Asked QuestionsHawaii Lien Documents are Easy to File with LienItNow.com  What is a Hawaii mechanics' lien claim?In Hawaii, liens filed on private
property or on funds
relating to a public
project are known as
Mechanic's Liens. When a
Hawaii mechanics lien is filed with
regard to work performed
on privately owned
property, it attaches to
and encumbers the fee
simple ownership of
property. Who can file a Hawaii mechanics' lien Claim?Contractors, as well as
subcontractors, design
professionals,
sub-subcontractors and
material suppliers can
file a Hawaii mechanics lien. Are pre-lien notices for a Hawaii mechanics' lien Claim required?No. When should a Hawaii mechanics' lien Claim be filed?In Hawaii, the filing of a formal
Application for a Lien
and Notice of Lien must
be filed within
forty five days after
the date of completion
of the improvement.
A hearing is held not
less than three nor more
than ten days after
service of the
Application and Notice.
At the hearing, the
court will determine
whether probable cause
exists to permit a
Hawaii Mechanics Lien to attach. Note
that Lienitnow.com does
not attend the hearing,
but only files the
Application and Notice.
You will need to attend
the hearing to validate
your Hawaii mechanics lien claim. How much does it cost to file a Hawaii mechanics' lien Claim?LienItNow.com prepares, files Hawaii
mechanics' liens for a
fee of $250.00,
plus filing fees.
The filing fees and
process server fees vary
by district and
therefore a surcharge
for these amounts are
payable to LienItNow.com
when the mechanics lien
is submitted by
LienItNow.com for filing. Do I need a written contract to file a Hawaii Mechanics Lien?No. Oral contracts are
sufficient if you have
sufficient documentation
to show the existence of
an agreement or that you
performed the work for
which you are liening. How does filing a Hawaii mechanics' lien Claim help me get my money?On a private project,
the Hawaii mechanics' lien places an encumbrance on
the property that makes
it difficult to resell
or re-finance the
property without first
removing the lien. What is a Hawaii Stop Notice and why should it be filed
LienItNow.com prepares and serves
Hawaii Stop Notices for
a fee of $100.00.
A Stop Notice is a
notification that has
the ability to enhance
the effectiveness of a
mechanic's lien. A Stop
Notice, or a notice to
withhold funds, is sent
to the company that is
financing or funding the
construction funds for a
project. Once that
company receives the
Stop Notice, that
company has notice that
it should withhold
sufficient money to
satisfy the stop notice
claim. The purpose of
the Stop Notice is to
provide the lender,
financiers or funders of
the construction project
notice that there is
money owed to a
contractor,
subcontractor or
supplier so that an
inquiry can be made as
to why that money is not
being paid. What is an Amendment to a Hawaii mechanics' lien Claim?LienItNow.com prepares, files and
serves Hawaii
Amendments to mechanics' lien Claims for a fee of $225.00. Amendments to a
mechanics' lien claim
are often needed when
something about the
claim changes. Common
changes to a lien claim
are increases or
reductions in the amount
due to the lienor, or a
change to the last date
of work. When should a Hawaii Discharge of mechanics' lien claim be filed?LienItNow.com prepares, files and
serves Hawaii
Discharges of mechanics' lien Claims for a fee of
$75.00. Once the lienor
has been paid the amount
contained in its lien
claim, or has come to an
agreement that requires
the lien claim to be
removed from the
property records, a
Discharge of mechanics' lien Claim should be
filed. How much does it cost to file a Hawaii Extension of a mechanics' lien Claim?LienItNow.com prepares, files and
serves extensions of
mechanics' lien Claims
for a fee of $75.00.
All lien claims expire
after a certain period
of time, and filing an
extension of the
mechanics' lien claim
prolongs the expiration
date. Hawaii law,
however, does not permit
an extension of
mechanics' lien claims. Can I file a Bond Claim on a Hawaii Project?LienItNow.com prepares, files and
serves Hawaii Bond Claims for a fee of $250.00. Bond claims
can only be filed on a
project where the owner,
contractor or
subcontractor has
obtained a payment bond
to ensure that every
contractor receives
payment for the work
performed on the
Project. The payment
bonds issued by sureties
for construction
projects have specific
timing requirements, but
most require claimants
to submit claims against
the bond within sixty to
ninety days from the
claimants' last date of
work. Bond claims are as or
more effective than a
lien claim because the
payment bond acts as a
guarantee that payment
will be made for work
properly completed. Do I need to file a Pre-Notice to make a claim against a Hawaii payment bond?LienItNow.com prepares, files and
serves Hawaii
Pre-Notices for bond
claims for a fee of
$50.00. Depending on
the terms of the payment
bond, pre-notices may or
may not be required.
LienItNow.com recommends that, prior
to or immediately after
starting work or
delivering materials to
a project,
subcontractors and
suppliers, file a
pre-notice that it is a
potential beneficiary of
the construction
project's bond. |
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