Hawaii Construction or Mechanics Lien Questionnaire

State:
Multi-State
Control #:
US-Q1008
Format:
Word; 
Rich Text
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a construction lien/mechanics lien matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


In Hawaii, a construction or mechanics lien questionnaire is a crucial document used in legal processes related to construction projects. This detailed questionnaire serves as a comprehensive tool to gather pertinent information about the project, parties involved, and potential lien rights. This article will explore the purpose, content, and different types of Hawaii Construction or Mechanics Lien Questionnaires. A Construction or Mechanics Lien Questionnaire is designed to assist contractors, subcontractors, material suppliers, and other potential lien claimants in asserting their rights to a lien on a property. This questionnaire becomes especially important when payment disputes or nonpayment issues arise during or after a construction project in Hawaii. The content of a Hawaii Construction or Mechanics Lien Questionnaire typically includes the following sections: 1. Project Information: This section requires details about the construction project, such as the property address, legal description, construction commencement date, and completion date. 2. Claimant Information: Here, the questionnaire seeks details about the individual or company filing the lien claim. It includes the claimant's name, contact information, business type, and relevant license or registration numbers. 3. Property Owner Information: This part involves gathering information about the property owner, including their name, contact information, and legal ownership status. 4. General Contractor Information: If there is a general contractor involved in the project, this section requires their name, contact information, and license details. 5. Contract Information: Contractors and subcontractors involved in the project must provide details about their contracts, such as contract dates, parties involved, contract price, and any changes or modifications. 6. Notice Provision: Hawaii construction law often requires specific notice provisions to protect lien rights. This section includes questions about whether preliminary notices or notices of intent were served, and their respective dates. 7. Lien Amount: The questionnaire seeks information about the total amount claimed for the lien, including all labor, materials, equipment, and services provided. 8. Documents and Attachments: This section allows provision for attaching relevant documents to support the lien claim, such as contracts, invoices, change orders, receipts, and delivery confirmations. Different types of Hawaii Construction or Mechanics Lien Questionnaires may exist, mainly depending on the entity submitting the questionnaire or the purpose it serves. Some examples include: 1. Contractor's Lien Questionnaire: Submitted by the general contractor of a project to assert their right to a mechanics lien against the property for nonpayment. 2. Subcontractor's Lien Questionnaire: Filed by subcontractors who have not received proper payment from the general contractor or other entities involved in the construction project. 3. Supplier's Lien Questionnaire: Used by material suppliers to protect their rights and claim a lien for unpaid materials provided to a construction project. 4. Notice of Intent to Lien Questionnaire: When a claimant intends to file a lien, this questionnaire helps collect the necessary information before initiating the filing process. In conclusion, a Hawaii Construction or Mechanics Lien Questionnaire is a comprehensive document used in construction projects to protect lien rights. By gathering relevant information about the project, parties involved, and pertinent contractual details, these questionnaires serve as a crucial tool for enforcing a mechanics lien claim in Hawaii. Different types of questionnaires can address various scenarios, such as those utilized by contractors, subcontractors, suppliers, or for serving notice of intent to file a lien.

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FAQ

Any person who furnishes labor (prime or subcontractor) or materials (material supplier) for your home improvement or renovation project and is not paid can file a claim (lien) in Circuit Court against your property under Hawaii Revised Statutes ("HRS") Chapter 507.

In order to obtain a lien against your property, a contractor, subcontractor, or material supplier must go to court and show that goods or services for the project have been supplied but not been paid for. You will be notified to appear and defend against these claims in court.

The Illinois Mechanics Lien Release Form is used to cancel a lien that has already been filed. It's most often used to release a lien claim after a lien claimant receives payment. However, they may also be released based on settlements, legal controversies, because they expired, or more.

A Notice of Cessation is used when work has temporarily halted for more than 30 days. (Civil Code §3092 see now Civil Code §8180, 8214). A Notice of Completion must be recorded in the County Recorder's office after work has actually been completed, as that term is defined in Civil Code §3086 (see now Civil Code §8180.)

After demand and refusal of the amount due or upon neglect to pay same upon demand, the lien may be enforced by action filed in the circuit court of the circuit in which the property is situated.

The Notice of Completion typically comes from the property owner on a private project to notify the participants on a project ? specifically, the parties that have Mechanics Lien Rights ? that the project has been completed.

About Hawaii Notice of Intent to Lien Form No one wants to be forced to file a mechanics lien, and this document gives all of the parties involved one final chance to take care of the payment issues on a project. This form advises the party that a lien will be filed if payment is not received within 10 days.

A completion notice is a document that specifies the 'completion date' for newly built properties. It is the date the property becomes a dwelling for council tax purposes, and is the date it is entered into the valuation list.

After properly recording a lien claim, a claimant must file suit to foreclose the lien within two years after completion of the part of the work for which the lien claimant seeks payment. Illinois courts strictly enforce these deadlines and routinely find liens unenforceable if the deadlines are not met.

More info

May 30, 2023 — Understand Hawaii mechanics lien laws, deadlines, and notice requirements on private construction projects, including free forms. This form has been approved by the Contractors License Board; however, the Board suggests that a person become familiar with the laws and rules governing ...LienItNow helps you to file Hawaii mechanics lien. We can file Hawaii discharge of lien, pre-lien notice, stop notice & bond claim. May 20, 2010 — 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 ... 2. Who can file a lien? An M&M lien can be filed by any construction professional who has not been compensated for providing labor, supplies or materials for ... -General contractor. -Apply for the lien at circuit court. [507-43] NOTE that a claimant may also file a Notice of Pendency of Action, which is recorded at the ... If you file a lien, you need to provide proof of this service by affidavit and proof of mail delivery. The notice typically includes a description of the work ... The Application for Lien and Notice of Lien must be filed no later than forty-five days after the date of completion of the subject improvement. Hawaii Statutes ... Apr 28, 2017 — The process to apply for a Mechanic's and Materialman's Lien is contained in Chapter 507, Part II, Hawaii Revised Statutes, as amended. Aug 14, 2023 — Anyone who supplies materials, labor or services on a project can file a mechanics lien if they aren't fully paid. When this happens, projects ...

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Hawaii Construction or Mechanics Lien Questionnaire