Application for Lien and Notice of Lien - Hawaii

APPLICATION FOR A LIEN AND NOTICE OF LIEN

Circuit Court of the State of Hawaiʻi

Before filing: Determine the statutory date of completion and serve every required recipient. A lien does not attach until the circuit court finds probable cause and orders attachment. This is an application and notice under HRS § 507-43, with a service record; complete all applicable fields and exhibits.

A. APPLICATION FOR A LIEN

IN THE CIRCUIT COURT OF THE [FIRST / SECOND / THIRD / FIFTH] CIRCUIT, STATE OF HAWAIʻI

Application for a Lien under HRS § 507-43

Applicant asks the Court to determine whether probable cause exists to permit a mechanic's or materialman's lien to attach. Applicant alleges:

1. Property and venue. The improved real property is in [COUNTY], Hawaiʻi, at [STREET ADDRESS], Tax Map Key [TMK]. Its legal description is in Exhibit A. This application is filed in the circuit where the property is situated.

2. Claimant and contract. Applicant furnished [DESCRIBE LABOR AND/OR MATERIALS] for the improvement identified as [PROJECT]. The express or implied contract supporting this claim was with [CONTRACTING PARTY], dated [DATE OR "ORAL/IMPLIED"]. The parties who contracted for the improvement are [NAMES]. The general contractor is [NAME]. Applicant's role is [CONTRACTOR / SUBCONTRACTOR / LABOR OR MATERIAL FURNISHER / OTHER; DESCRIBE].

3. Work furnished. Applicant furnished the following work or materials for the improvement between [START DATE] and [LAST DATE]: [DESCRIPTION, QUANTITIES, LOCATION, AND SUPPORTING INVOICES IN EXHIBIT B]. The agreed price is $[____]; the fair and reasonable value is $[____]. Applicant claims no more than the amount permitted by HRS § 507-42.

4. Amount claimed. Itemize the amount and place the supporting records in Exhibit C:

5. Assignment. ☐ This claim has not been assigned. ☐ This claim was assigned by [ASSIGNOR NAME] to Applicant on [DATE]; the assignment is in Exhibit D.

6. License and residential-materials facts. Applicant [WAS / WAS NOT] required to hold a contractor license for this work. If required, Applicant held license [NUMBER] while the work was performed. The general contractor and relevant subcontractors in Applicant's hiring chain were [IDENTIFY LICENSE STATUS OR STATE WHY NOT APPLICABLE]. Before the work, the property [WAS / WAS NOT] used primarily for dwelling purposes. If Applicant supplied materials to a general contractor or subcontractor for such property, the basis for reasonable advancement of credit is [DESCRIBE CREDIT APPLICATION OR INQUIRY, OR OTHER FACTS]. Applicant identifies these facts for the limitations in HRS § 507-49(a), (b).

7. Statutory completion and filing. Actual completion or abandonment occurred on [DATE / FACTUAL BASIS]. Select the applicable date-of-completion route:

☐ A valid notice of completion or abandonment was published twice, seven days apart, in [NEWSPAPER OF GENERAL CIRCULATION PRINTED AND PUBLISHED IN THE PROPERTY'S COUNTY], on [DATES]; the publication was completed on [DATE] and the affidavit of publication with the notice was filed with this Court's clerk on [DATE]. Substantial completion or actual abandonment preceded publication. The notice was published by [OWNER / GENERAL CONTRACTOR]. If published by the general contractor, that contractor first demanded in writing on [DATE] that the owner publish the notice, and the owner failed to do so within five days. The resulting statutory date of completion is [DATE].

☐ No valid notice was published and filed within one year after actual completion or abandonment. Under HRS § 507-43(g), the statutory date of completion is one year after actual completion or abandonment: [DATE].

The 45-day filing period under HRS § 507-43(b), measured from the statutory date above, ends on [CALCULATED DATE]. This Application and accompanying Notice are filed on [DATE]. Supporting notice and publication documents, if any, are in Exhibit E.

8. Persons to be served. Applicant will serve a copy of this Application and the accompanying Notice as prescribed for service of summons on the owner, each person with an interest in the property, and each party who contracted for the improvement if different from those persons. Applicant will also serve the general contractor before requesting an attachment order. If a person entitled to notice cannot be served by that method, Applicant will document the attempt and any posting on the improvement under HRS § 507-43(a). A completed service record follows this Application.

9. Land Court. ☐ The land is in the regular system. ☐ Title is registered in Land Court; the claimed lien [DOES / DOES NOT] attach solely to a lessee's interest in one or more leasehold time-share interests under the exception in HRS § 507-43(b). If the registered-land filing rule applies and an attachment order is entered, Applicant will file a certified copy with the assistant registrar within seven days after entry to preserve rights against later encumbrancers and purchasers.

Request for relief. Applicant asks the Court to set a return day not less than three nor more than ten days after service, hear evidence from the persons entitled to notice, determine the net amount for which probable cause exists, and enter an Order Directing Lien to Attach only after the service and opportunity-to-appear requirements of HRS § 507-43(a) are met.

Dated: [DATE] at [CITY], Hawaiʻi.

Applicant or authorized counsel: ______________________________
Printed name and capacity: [________________________________]
Address, phone, and email: [________________________________]

B. ACCOMPANYING NOTICE OF LIEN

TO: [OWNER(S), INTEREST HOLDERS, CONTRACTING PARTY OR PARTIES, AND GENERAL CONTRACTOR; LIST EACH RECIPIENT]

Applicant [NAME] claims a lien under HRS §§ 507-42 and 507-43 for labor or materials furnished to improve the property described in Exhibit A. The facts supporting the claim are stated in the Application above and Exhibits B–E. The amount requested is $[NET AMOUNT], subject to the Court's determination after hearing. No lien attaches merely because this Notice is filed or served; attachment requires the Court's probable-cause finding and order.

☐ Demand for payment under HRS § 507-47: Applicant demands payment of $[AMOUNT DUE] from [PARTY OR PARTIES] by [DATE]. If payment is refused or neglected after demand, Applicant may seek enforcement as permitted by law.

The return-day hearing is scheduled for [DATE, TIME, COURTROOM, AND ADDRESS, IF SET BY COURT]. Coordinate the hearing date with the clerk and Hawaiʻi counsel before service; under HRS § 507-43(a), the return day must be not less than three nor more than ten days after service. Record the service date [DATE], earliest return day [DATE], and latest return day [DATE]. At the hearing, persons entitled to notice may offer testimony and documentary evidence on probable cause and the amount claimed.

Dated: [DATE].

Applicant or authorized counsel: ______________________________
Printed name and contact information: [________________________________]

C. SERVICE RECORD

Complete after service and before asking the Court to enter an attachment order. Use a separate line or attachment for every required recipient.

I declare that the entries above and any attached proofs of service accurately describe service of the Application and Notice.

Server: ______________________________ Date: [__________]

EXHIBITS

• A: Property legal description and, if available, map or survey
• B: Work and materials record, contract, invoices, and delivery records
• C: Claim amount, payments, credits, and known setoffs
• D: Assignment, if any
• E: Completion notice, publications, and filing affidavit, if any
• F: Proofs of service and posting, if any

Sources and References

• HRS § 507-42 — When a lien is allowed
• HRS § 507-43 — Application, Notice, service, hearing, filing, and duration
• HRS § 507-47 — Demand and enforcement
• HRS § 507-49 — Exceptions for residential materials and licensing