Whether you’re a general contractor (GC), subcontractor, or property owner, understanding Hawaii lien waivers is crucial. These essential documents function as receipts acknowledging payment up to a specific amount, thereby waiving the party’s right to file a lien against the property for that amount. While the concept is straightforward, the practical application of lien waivers can be complex.
Several types of lien waivers exist, each requiring submission at specific times during a project. (For a deeper dive into lien waiver basics, refer to The Ultimate Guide to Construction Lien Waivers for Subcontractors.) Moreover, lien waiver requirements vary by state, with each jurisdiction setting its own rules regarding valid forms, contents, and enforcement.
It’s vital to familiarize yourself with state-specific lien waiver requirements to ensure compliance, prevent payment disputes, and ultimately protect your rights (and your bottom line). So grab your hard hat, and let’s dive into the world of Hawaii lien waivers!
(For more general information on lien waivers, check out this on-demand webinar: End the Whack-a-Mole: Lien Waiver Best Practice for Subs.)
Just like aloha can mean both hello and goodbye, lien waivers in Hawaii can be a bit ambiguous. Let’s break down the details around these critical documents so you can feel like a pro in no time (and ensure you’re protected for the construction work you complete).
Hawaii is one of 38 states that doesn’t regulate its lien waivers. Without a process to govern waiver exchanges or standard forms to fill out, it’s imperative to carefully review all details to make sure you aren’t taken advantage of. In Hawaii, lien rights can be waived before a project begins, leaving you without the necessary protections to get paid on time or at all. Speak up about any clauses asking you to waive your lien rights. This ensures you won’t be penalized through litigious actions.
Keep these details in mind when handling lien waivers in Hawaii:
- There aren’t any statutory provisions relevant to lien waivers in Hawaii.
- It’s important to be as clear and concise as possible when creating a Hawaii lien waiver. (And if you need some inspiration, brush up on basic lien waiver content here.)
If there is a dispute regarding your lien waiver, all cases will be handled with a claim in circuit court. Here, you must demonstrate that the construction project was completed, but you haven’t received payment.
Hawaii doesn’t mandate a specific or statutory lien waiver form. This means that any party can use their own, so proceed cautiously and review every clause in full.
Hawaii accepts both conditional and unconditional lien waivers.
Hawaii accepts both conditional and unconditional lien waivers.
To be considered valid in Hawaii, a lien waiver must:
- be in writing
- be signed by the waiving party
- clearly state the amount being waived and the property to which it applies
Hawaii has no specific statutory provision prohibiting a waiving of lien rights in the contract.
Hawaii has no specific statutory provision prohibiting a waiving of lien rights prior to payment.
Completing Lien Waivers in Siteline
- Create, monitor, and track all your lien waivers in one place.
- Automatically fill out and send the right waiver at the right time.
- Request lower-tier lien waivers from all your sub-tier contractors, vendors, and suppliers—individually or in bulk.
- Securely collect e-signatures, with automatic reminders for any unsigned waivers.
- Package and submit signed waivers to your GCs directly within Siteline.
There are no specific or statutory lien waiver forms required in Hawaii. To ensure compliance (and timely payment), it’s important to review contracts thoroughly and ensure any project-specific lien waiver requirements are represented.
Any type of lien waiver form can be used in Hawaii. Without any specific statutory requirements, a lien waiver in Hawaii is valid if:
- It clearly states the amount being waived and the property to which it applies, and
- It is signed by the party waiving their lien rights.
As lien waivers in Hawaii lack regulation, there is no timeline for when lien waivers must be exchanged and signed by both parties. When doing work in Hawaii, make sure the contract terms define timing based on general construction guidelines. Lien waivers in Hawaii can either be conditional, exchanged with payment applications, or unconditional, delivered upon receipt of payment.
If you’re wondering which type of lien waiver is best for your project, check out this comprehensive guide.
Since there’s no specific lien waiver form, either party can add specific lien waiver provisions to the contract. Thoroughly review both the lien waiver form and corresponding contract, as language can waive lien rights. We don’t recommend agreeing to these clauses; as a subcontractor, this can put you at risk of not obtaining payment.
If a dispute over a lien waiver in Hawaii occurs, review the waiver and the corresponding contract that governs it. All disputes are handled in Hawaii’s circuit court in the area in which the property is located. If you need assistance, reach out to a construction law attorney in Hawaii who has in-depth knowledge of lien laws in Hawaii.
Even though Hawaii doesn’t regulate its use of lien waivers, this doesn’t mean there aren’t resources that you should review to ensure the protection of payment. Review information on lien waivers in Hawaii:
- Hawaii Statutes, Title 28: Property, 507: Liens (check out PART II. MECHANIC'S AND MATERIALMAN'S LIEN for more)
- Hawaii Revised Statutes for Contractors
- Hawaii Licensing Board for General Contractors
- GCPay Lien Waiver Requirements for Every U.S. State
- Levelset Hawaii Lien Waivers Guide
Automate the process with Siteline. Contractors use our lien waiver tool to digitize all of their lien waiver forms (primary and vendor), send waiver requests to lower-tier contractors and vendors, collect e-signatures, and submit completed waivers to their clients—without ever leaving the system. Siteline even provides centralized tracking to help contractors monitor vendor waiver statuses to see who’s received the form, who’s opened it, and who has (or hasn’t) signed. This means contractors can collect waivers faster while eliminating payment delays caused by compliance holds.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. We recommend you consult a qualified attorney for advice specific to your situation.