This Application for Mechanic's and Materialman's Lien form is for use by a lienor to apply for a mechanic's and materialman's lien based on the facts set forth in the Notice of Lien on described property for described improvements in a certain amount or a reasonable amount to be proven to the court, plus interest, together with attorney's fees, and court costs, and such other relief as the court deems just and proper. The application provides the names of the parties to the contract for the described improvements, the name of the general contractor, the name of the owner(s) of the property, and any other person with an interest.
We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use.
Click "here" to read our Cookie Policy. By clicking "Accept" you agree to the use of cookies. Read less
Read more
- US Legal Forms
- Contractors Forms
-
Hawaii Application for Mechanic's and Materialman's Lien
Materialman Lien Waiver Form With Notary
Category:
State:
Hawaii
Control #:
HI-01-09
Format:
Word;
Rich Text
Instant download
Description Mechanics And Materialmen's Lien
Mechanic's Lien Hawaii Related forms
View Landlord harassment letter for universal credit template
View Landlord harassment letter for universal credit template
View this form
View Landlord harassment letter for universal credit example
View Landlord harassment letter for universal credit example
View this form
View Landlord harassment letter for snap
View Landlord harassment letter for snap
View this form
View Landlord harassment letter for spouse visa
View Landlord harassment letter for spouse visa
View this form
View Landlord harassment letter for food stamps
View Landlord harassment letter for food stamps
View this form
Mechanic And Materialman's Lien Form Rating
4.61
Satisfied(373)
Materialmans Lien Form popularity
Materialman's Lien Waiver Form Other Form Names
Materialman's Lien
Hawaii Lien Release Form
Materialman Lien
Materialman
How To File Mechanics Lien Hawaii
Hawaii Mechanics Lien Form
Hawaii Mechanics Lien
Materialman Lien Waiver Form With Notary Related Searches
-
notarized waiver meaning
-
waiver and release of lien
-
partial waiver of lien
-
do lien waivers need to be notarized in illinois
-
do lien waivers need to be notarized in california
Interesting Questions
A Materialman lien waiver form with notary in Hawaii is a legal document that releases the rights of a contractor or supplier to place a lien on a property in Hawaii in exchange for payment.
A Materialman lien waiver form is important in Hawaii as it provides a legal guarantee to property owners that all contractors and suppliers involved in a construction project have been paid, protecting them from potential future claims or liens.
A Materialman lien waiver form should be used in Hawaii when a contractor or supplier wants to waive their right to file a lien on a property after receiving payment, ensuring smooth transactions and preventing any future legal disputes.
No, Materialman lien waiver forms in Hawaii are not exclusively for notary publics. While notarization adds an extra layer of verification, it is not mandatory. However, having a notary witness the signing of the form adds credibility and helps validate its authenticity.
A Materialman lien waiver form with notary in Hawaii usually includes details such as the property owner's name, the contractor or supplier's name, the project description, the payment amount received, and a statement waiving any future lien rights.
In Hawaii, a Materialman lien waiver form can generally be revoked if both parties involved in the agreement mutually agree to cancel it. However, it is advisable to consult with legal professionals before attempting to revoke a signed waiver form.
Not using a Materialman lien waiver form in Hawaii can potentially lead to legal complications. Contractors or suppliers may have the right to file a lien on the property if they are not paid, which could result in delays, disputes, and financial burdens for property owners and other parties involved.
Yes, there are different types of Materialman lien waiver forms in Hawaii. They can vary based on whether the payment is for the final project or a progress payment, and can also differ for different parties involved such as contractors, subcontractors, or suppliers.
While it is possible to prepare a Materialman lien waiver form without professional assistance in Hawaii, it is recommended to consult with a legal expert to ensure compliance with state laws and to avoid any potential errors or omissions that could render the form invalid.
Once a Materialman lien waiver form with notary in Hawaii is properly executed and signed, it is generally valid indefinitely unless specifically mentioned otherwise. However, specific provisions or contractual agreements may limit its validity duration.
Trusted and secure by over 3 million people of the world’s leading companies
How To File A Mechanics Lien In Hawaii
Change state
To change the state, select it from the list below and press Change state.
Changing the state redirects you to another page.
Hawaii
Change state
-
No results found.
-
Hawaii
-
Alabama
-
Alaska
-
Arizona
-
Arkansas
-
California
-
Colorado
-
Connecticut
-
Delaware
-
District of Columbia
-
Idaho
-
Illinois
-
Indiana
-
Iowa
-
Kansas
-
Kentucky
-
Louisiana
-
Maine
-
Maryland
-
Massachusetts
-
Michigan
-
Minnesota
-
Mississippi
-
Missouri
-
Montana
-
Nebraska
-
Nevada
-
New Hampshire
-
New Jersey
-
New Mexico
-
New York
-
North Carolina
-
North Dakota
-
Ohio
-
Oklahoma
-
Oregon
-
Rhode Island
-
South Carolina
-
South Dakota
-
Tennessee
-
Texas
-
Utah
-
Vermont
-
Washington
-
West Virginia
-
Wisconsin
-
Wyoming
Law summary
Application for Mechanic's and Materialman's Lien
Contractors - Construction Liens - Hawaii
HAWAII CONSTRUCTION LIEN LAW SUMMARY Note: This summary is not intended to be an all inclusive discussion of Hawaii’s construction lien laws, but does include the basic provisions. What statues govern the “creation” of a Mechanic's and Materialman’s Lien on Real Property in Hawaii? Hawaii Statutes §§ 507-41 through 507-49 govern the creation, recording, notice and filing of Mechanics and Materialmen Liens in Hawaii. How is the process for claiming a lien commenced? An individual or business claiming a lien must apply to the circuit court of the circuit where the property is located. The “ Application for Lien” must be accompanied by a written “Notice of Lien.” The Application must include the following:a. the names of the parties who contracted for the improvement; b. the name of the general contractor; c. the name of the owner(s) and any person or party with an interest therein; d. the amount of claim; e. a description of the labor or materials furnished; f. a description sufficient to identify the property; and g. any other information needed for a clear understanding of the claim.The Application for Lien may (not required) include the following:
a. the identity and address of the mortgagees or others holding encumbrances of the property, and b. the name and address of the surety of the general contractor.The Notice of Lien must set forth basic facts establishing the basis of the claim. Hawaii Statutes § 507-43(a). Court Process to Establish the Validity of the Lien. 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 § 507-43(b). The Application for Lien and Notice of Lien must be returnable (filed with the Court) not less than three, nor more than ten days, after service. On the day of return, the Court will hold a hearing to determine probable cause to permit the lien to attach to the property. The interests of the various parties and claimants will be heard and considered by the Court. No Order Directing Lien to Attach may be entered before service on the contracting party, the general contractor and the owner of the property and they have been given an opportunity to appear at the hearing. Hawaii Statutes § 507-43(a). The Order Directing Lien to Attach expires three months after entry unless proceedings are commenced within that time to collect the amount due under the lien. Hawaii Statutes § 507-43(e). Determining the Date of Completion. The term "date of completion" means the time when the owner or the general contractor for the improvement completes the publication of a notice that the improvement has been completed or has been abandoned and an affidavit of the publication, together with a copy of the notice has been filed in the office of the clerk of the circuit court where the property involved is located. The above general definition is “conditional”. The Notice of Completion is not effective for any purpose unless there is in fact substantial completion of the project or the project has been abandoned. Also, the general contractor may not publish the Notice of Completion unless the general contractor makes written demand on the owner and the owner fails to publish within 5 days of the demand. Hawaii Statutes § 507-43(f). If a valid notice of completion is not published and filed within one year after the actual completion or abandonment of the improvement, the "date of completion" shall be deemed to be one year after actual completion or abandonment. Hawaii Statutes § 507-43(g). Discharge of Lien. Any mechanic’s or materialmen’s lien may be discharged by the owner, lessee, principal contractor or intermediate contractor filing with the clerk of the circuit court of the county in which the property is located cash or a bond for twice the amount of the sum claimed in the lien filed, conditioned for payment of any sum for which the claimant may obtain judgment upon the lien claim. Hawaii Statutes § 507-45. Satisfaction of Lien. Whenever the lien or claim of lien is satisfied (other than by the limitations expressed in Section 507-43), a written notice thereof shall, at the expense of the lienee, be filed with the clerk of the circuit court, which shall be noted in the mechanics' lien record, and if title to the land involved is registered in the land court and the lien did not attach solely to the interest of the lessee in one or more leasehold time share interests, it shall also be filed in the office of the assistant registrar of the court. Hawaii Statutes § 507-46.
Legal definition
Application for Mechanic's and Materialman's Lien
Contractors - Construction Liens - Hawaii
HAWAII CONSTRUCTION LIEN LAW SUMMARY Note: This summary is not intended to be an all inclusive discussion of Hawaii’s construction lien laws, but does include the basic provisions. What statues govern the “creation” of a Mechanic's and Materialman’s Lien on Real Property in Hawaii? Hawaii Statutes §§ 507-41 through 507-49 govern the creation, recording, notice and filing of Mechanics and Materialmen Liens in Hawaii. How is the process for claiming a lien commenced? An individual or business claiming a lien must apply to the circuit court of the circuit where the property is located. The “ Application for Lien” must be accompanied by a written “Notice of Lien.” The Application must include the following:a. the names of the parties who contracted for the improvement; b. the name of the general contractor; c. the name of the owner(s) and any person or party with an interest therein; d. the amount of claim; e. a description of the labor or materials furnished; f. a description sufficient to identify the property; and g. any other information needed for a clear understanding of the claim.The Application for Lien may (not required) include the following:
a. the identity and address of the mortgagees or others holding encumbrances of the property, and b. the name and address of the surety of the general contractor.The Notice of Lien must set forth basic facts establishing the basis of the claim. Hawaii Statutes § 507-43(a). Court Process to Establish the Validity of the Lien. 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 § 507-43(b). The Application for Lien and Notice of Lien must be returnable (filed with the Court) not less than three, nor more than ten days, after service. On the day of return, the Court will hold a hearing to determine probable cause to permit the lien to attach to the property. The interests of the various parties and claimants will be heard and considered by the Court. No Order Directing Lien to Attach may be entered before service on the contracting party, the general contractor and the owner of the property and they have been given an opportunity to appear at the hearing. Hawaii Statutes § 507-43(a). The Order Directing Lien to Attach expires three months after entry unless proceedings are commenced within that time to collect the amount due under the lien. Hawaii Statutes § 507-43(e). Determining the Date of Completion. The term "date of completion" means the time when the owner or the general contractor for the improvement completes the publication of a notice that the improvement has been completed or has been abandoned and an affidavit of the publication, together with a copy of the notice has been filed in the office of the clerk of the circuit court where the property involved is located. The above general definition is “conditional”. The Notice of Completion is not effective for any purpose unless there is in fact substantial completion of the project or the project has been abandoned. Also, the general contractor may not publish the Notice of Completion unless the general contractor makes written demand on the owner and the owner fails to publish within 5 days of the demand. Hawaii Statutes § 507-43(f). If a valid notice of completion is not published and filed within one year after the actual completion or abandonment of the improvement, the "date of completion" shall be deemed to be one year after actual completion or abandonment. Hawaii Statutes § 507-43(g). Discharge of Lien. Any mechanic’s or materialmen’s lien may be discharged by the owner, lessee, principal contractor or intermediate contractor filing with the clerk of the circuit court of the county in which the property is located cash or a bond for twice the amount of the sum claimed in the lien filed, conditioned for payment of any sum for which the claimant may obtain judgment upon the lien claim. Hawaii Statutes § 507-45. Satisfaction of Lien. Whenever the lien or claim of lien is satisfied (other than by the limitations expressed in Section 507-43), a written notice thereof shall, at the expense of the lienee, be filed with the clerk of the circuit court, which shall be noted in the mechanics' lien record, and if title to the land involved is registered in the land court and the lien did not attach solely to the interest of the lessee in one or more leasehold time share interests, it shall also be filed in the office of the assistant registrar of the court. Hawaii Statutes § 507-46.
Sorry, this device is not supported
Please open this page on your desktop computer.
