Mechanic’s Liens on Private Projects in Hawaii
Authors: Albert Tiberi, Hazel Beh, and Amarjit Singh, M.ASCEAuthor Affiliations
Publication: Journal of Professional Issues in Engineering Education and Practice
Volume 130, Issue 4
Abstract
Mechanic’s and materialman’s liens are an important alternative remedy for tradesmen who have not been paid for improvements made under a contract. These statutes allow the unpaid tradesman to place a lien on the improved property and then foreclose and force the sale of the property to satisfy the lien. While the procedures are technical and vary from state to state, general concepts are commonly shared. This article examines Hawaii’s mechanic’s lien statutes and case law and describes the basic procedures and requirements of the remedy for nonpayment on contracted work. Because a lien jeopardizes an owner’s interest in his real property, courts require strict compliance with procedural safeguards including notice and a right to a hearing to contest the lien before the property can be foreclosed. Owners can avoid the danger of liens by requiring payment bonds, by ensuring that subcontractors and suppliers are promptly paid, and by overseeing the project with care. The issues surrounding timely filing are emphasized.
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Copyright © 2004 ASCE.
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Published online: Oct 1, 2004
Published in print: Oct 2004
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Albert Tiberi
Staff Attorney, Office of Hawaiian Affairs, 711 Kapi'olani Blvd., Ste. 500, Honolulu, HI 96813.
Hazel Beh
Professor, William S. Richardson School of Law, Univ. of Hawaii at Manoa, 2515 Dole St., Honolulu, HI 96822.
Amarjit Singh, M.ASCE
Associate Professor, Dept. of Civil and Environmental Eng., Univ. of Hawaii at Manoa, 2540 Dole St., Honolulu, HI 96822.
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Terms of Use: ASCE Library Cards are for individual, personal use only. Reselling, republishing, or forwarding the materials to libraries or reading rooms is prohibited.