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Profound Estimates

State guide

Hawaii mechanics lien and payment rules

As a subcontractor in Hawaii, you have 45 days after completion of the project to record a mechanics lien. Here are Hawaii's notice, lien, bond claim, retainage and prompt payment rules in plain language, with the statutes and a worked example.

  • Reviewed
  • 3 statutes cited
  • Not legal advice

Hawaii at a glance

Private commercial work, sub hired by the GC, unless noted
Preliminary notice (subs)
No general preliminary notice
Record the lien (subs)
45 days after completion of the project Verify
Sue to enforce
90 days after recording the lien Verify
Public retainage cap
Up to 5%
Private retainage cap
Verify with state statute
GC pays subs within
Verify with state statute

Turn these rules into dates for your job, free in your browser.

Preliminary notices in Hawaii

Hawaii is one of the states with no general preliminary notice for subcontractors on commercial work in our summary. That doesn't mean you can skip paperwork: the lien itself still has a hard deadline, and the owner often learns about your claim only when the lien is recorded.

Lien filing deadline in Hawaii

If the GC hired you, you have 45 days after completion of the project to record a mechanics lien in Hawaii, about 45 days shorter than the national median of 90 days (counted from last furnishing on a sample job). That's the shortest lien deadline of the 51 jurisdictions we track.

Starts with an application to the circuit court within 45 days after completion (or publication of a notice of completion). Verify this with the statute before relying on it.

Note what the clock counts from: completion of the project, not your own last day. A trade that finishes early may have more time than the number suggests, but the completion date is often unclear. The calculator uses your last furnishing date when you leave completion blank, which gives the earlier, safer date.

Deadline to sue on the lien

To keep the lien alive you must sue to enforce it within 90 days after recording the lien. If you record on the last possible day, that is about 135 days after your last day on the job, about 230 days shorter than the national median of 365 days. 1 of the 48 jurisdictions we track have a shorter overall time to sue and 46 have a longer one.

Because the clock counts from recording, recording early also moves the lawsuit deadline earlier.

Counted from the court's order attaching the lien.

How Hawaii compares

Days are counted on a sample job with the lien recorded on its last allowed day, so states that count from recording or from completion can be compared with those that count from your last day on site. The median is across the jurisdictions with a dated rule on file.

Hawaii deadlines vs the national median
Record the lien (from last day)
Hawaii: 45 days
National median: 90 days
Sue to enforce (from last day)
Hawaii: 135 days
National median: 365 days

Public and federal projects

Public property can't be liened, so subcontractors and suppliers on state and local public jobs in Hawaii claim against the GC's payment bond instead. We haven't reduced Hawaii's bond claim deadlines to one set of numbers, because they vary by agency and project. The governing law is Haw. Rev. Stat. §103D-324. Verify the notice and suit deadlines with the statute and the bond itself before the job starts.

Federal jobs in Hawaii follow the Miller Act instead of state law: those hired by a sub or supplier give the prime contractor notice within 90 days of their last furnishing, and suit is due within 1 year, in federal court. Prime contractors on federal work have no lien or bond claim.

Retainage and prompt payment in Hawaii

On public work the cap is 5%, the most common cap among states that set one. Up to 5% of each progress payment.

On private work we have no statutory cap on file, so retainage is usually whatever the contract says. Read the retainage and release clauses before you sign.

Retainage and prompt payment in Hawaii
Public workPrivate workFederal work
Retainage cap5%Verify10%
ReleaseWith final payment after completion.Verify with state statuteReleased with final payment, or earlier once progress is satisfactory.
GC pays subs withinVerifyVerify7 days
Late-payment interestVerifyVerifyTreasury prompt payment rate (reset every January and July)

Not legal advice. Retainage and prompt payment rules differ by agency, contract size and contract date, and change often. Confirm the rules with the current statute, your contract and a construction attorney before relying on them.

Worked example: a drywall sub in Hawaii

A drywall subcontractor hired by the GC on a private restaurant fit-out in Hawaii starts work on March 2, 2026 and last furnishes on July 17, 2026. The project is completed on August 28, 2026. Run through Hawaii's rules, those dates give:

Deadlines for the worked example in Hawaii
DeadlineDateCounted from
Record the lien October 12, 2026 Verify Project completion
Sue to enforce the lien January 10, 2027 WeekendVerify Lien recording

The first deadline on the calendar is “Record the lien” on October 12, 2026.

One date lands on a weekend (January 10, 2027). Not every state rolls a deadline to Monday, so the safe move is to record or serve by the Friday before.

Rows marked "Verify" depend on facts or readings we can't settle for you. Check them against Haw. Rev. Stat. §507-41 to -49.

Because Hawaii counts from project completion (August 28), not the sub's last day (July 17), the lien deadline is later than a last-furnishing state would give.

Open the lien deadline calculator for Hawaii and enter your own dates to get this table for your job, with countdowns and a PDF deadline calendar.

Check your own dates with the free tools

Statutes cited

  • Haw. Rev. Stat. §507-41 to -49
  • Haw. Rev. Stat. §103D-324 (public bonds)
  • Haw. Rev. Stat. §103-32.1 (public)
  • Federal work in Hawaii: 40 U.S.C. §3131 to §3134 (Miller Act)

Not legal advice. Lien and bond claim rules change and have exceptions for project type, contract terms and how notices are served. Confirm every deadline with the current statute or a construction attorney in the project's state before relying on it. Rules shown as "Verify with state statute" have exceptions or variations we could not reduce to one number.

Hawaii lien and payment FAQs

How long do I have to file a mechanics lien in Hawaii?

If you're a subcontractor or supplier hired by the GC, you have 45 days after completion of the project. Starts with an application to the circuit court within 45 days after completion (or publication of a notice of completion). Check the exact date for your job with the free lien deadline calculator, and confirm it with the statute (Haw. Rev. Stat. §507-41 to -49).

Is a preliminary notice required in Hawaii?

Our summary of Hawaii's statute has no general preliminary notice for subcontractors on commercial work. Residential projects and specific project types can differ, so confirm with the statute.

How long is a mechanics lien valid in Hawaii?

Unless you sue to enforce it within 90 days after recording the lien, the lien expires. Counted from the court's order attaching the lien.

What is the maximum retainage in Hawaii?

Up to 5% on public work (Up to 5% of each progress payment). We have no private retainage cap on file, so the contract usually governs.

How fast must a general contractor pay subcontractors in Hawaii?

We don't have one prompt payment number on file for Hawaii; timing depends on the contract and the agency. Verify with Haw. Rev. Stat. §103-32.1 (public).

Can I file a lien on a public project in Hawaii?

No. Public property can't be liened, so subs and suppliers claim against the GC's payment bond under Hawaii's public bond law (Haw. Rev. Stat. §103D-324). Its deadlines vary by agency, so verify them before the job starts.

Compare other states

Working across the state line? Rules change at the border, even on the same kind of job.