Hawaii Application for Mechanic's and Materialman's Lien
What this document covers
The Application for Mechanic's and Materialman's Lien is a legal document that a lienor uses to formally request a lien on a property for unpaid work or materials supplied for improvements. This form is specifically designed for lien claims based on the details found in a Notice of Lien, differentiating it from other lien forms by its particular focus on mechanic's and materialman's liens under Hawaii law.
What’s included in this form
- Identifies the lienor and the respondent(s) involved in the lien claim.
- Specifies the property location and describes the improvements made.
- States the amount owed, which can include a reasonable amount to be proven in court.
- Lists the parties to the contract for the improvements, including the general contractor and property owner(s).
- Contains signature fields for the lienor to validate the application.
Common use cases
This form should be used in situations where a contractor, subcontractor, or supplier has not been compensated for work performed or materials supplied on a property. If you have sent a Notice of Lien and need to formally assert your right to a lien, this application is the necessary next step to protect your financial interests.
Who can use this document
- Contractors who have completed work on a property and have not been paid.
- Subcontractors and suppliers seeking to secure payment for materials or services rendered.
- Property owners who are involved in disputes over unpaid labor or materials.
How to complete this form
- Identify the lienor and the respondent(s) involved in the agreement.
- Specify the property location and provide a detailed description of the improvements.
- Indicate the principal amount owed or a reasonable amount to be proven in court.
- List the names of all parties involved, including the general contractor and property owner(s).
- Sign and date the application to affirm its validity.
Does this form need to be notarized?
Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Avoid these common issues
- Failing to include accurate descriptions of the property or improvements.
- Not listing all parties involved in the contract or lien claim.
- Omitting signatures or failing to date the application.
Why use this form online
- Convenience of completing the form at your own pace from anywhere.
- Editable format allows for easy adjustments before finalizing.
- Reliable access to form templates that meet legal requirements.
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FAQ
While they don't require lien filings to be notarized, they do require a lien filer to jump through various other hoops that, if not done properly, might cause your filing to be rejected or invalidated: Delaware.
A statutory lien that exists to secure payment for services, labor, and material related to improvements performed on real property.State statutes creating mechanics' liens vary from state to state. These statutes provide for the criteria and circumstances required for a mechanic's lien to be deemed a super lien.
In Hawaii, all lien claimants must initiate the enforcement of the lien within 3 months from the date on which the lien attached. 3 10 days after the lien is filed, a court will determine if probable cause exists for the lien. If probable cause is found, the lien attaches on that date.
Who you are. The services or materials you provided. The last date you provided the services or materials. How much payment should be. The date on which you will file a lien if you do not receive payment. How the debtor should pay.
Hawaii's Mechanic's and Materialman's Lien statute provides for such remedy. Any person claiming a mechanic's or materialman's lien is required to apply to the circuit court where the property is situated. Such person must submit an Application For a Lien together with a written Notice of Lien.
While it's unlikely that just anyone can put a lien on your home or land, it's not unheard of for a court decision or a settlement to result in a lien being placed against a property.
Note that, since Hawaii mechanics liens must be filed in the circuit court of the circuit where the property is situated, it requires both an Application for Lien , and a Notice of Lien which sets forth the alleged facts by virtue of which the person claims a lien. However, the Application and Notice both must be
Even though these states may permit project participants to secure lien rights and claim a mechanics lien even without a written contract, it is generally best practice to have a signed written contract for work provided.
