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Mechanics' Liens in Hawaii.

Business Credit

| June 01, 2001 | Hayashi, Carolyn E.; Tanigawa, Michael K.; Agena, Keith S. | COPYRIGHT 2001 National Association of Credit Management. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Introduction

Under Hawaii law, the procedural requirements for perfecting a mechanic's lien are strictly construed and enforced; however, the remedial aspects of the law are liberally construed to effect the purpose of the mechanic's lien statute to protect mechanics and materialmen who have furnished both time and material for others.

Who Can File a Mechanic's and Materialmen's Lien?

Any person or association of persons furnishing labor or material in the improvement of real property can apply for a lien. The furnishing of materials includes materials incorporated in the improvement, substantially consumed in construction operations, or specially fabricated for incorporation in the improvement. The delivery of materials to the site of the improvement, or to another site if the general contractor states in writing that the materials are for a particular improvement, is prima facie evidence that the materials were incorporated in the improvement.

Priority

A mechanic's lien takes effect from the "visible commencement of operations" on the improvement. All mechanics' and materialmens' liens Frank equally in priority and have priority over other liens except for the following:

A. Liens by any branch of government.

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