Report Title:

Mechanics Lien

Description:

Grants contractors additional time to file a mechanic's lien if they have previously given the owner a conditional lien release but have not subsequently received full payment.

HOUSE OF REPRESENTATIVES

H.B. NO.

1166

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO MECHANIC'S LIENS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 507-43, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Time for filing. The Application and Notice shall be filed not later than forty-five days after the date of completion of the improvement against which it is filed[.]; provided that any person who has granted the owner a conditional lien release prior to the forty-five-day period subsequent to the date of completion but fails to receive full payment within that period may file the application and notice not later than sixty-five days after the date of completion of the improvement. Where title to the property involved, or any portion thereof, is registered in the land court and the lien is not claimed solely against the lessees' interest in one or more leasehold time share interests as described in section 501-20, it shall be incumbent upon the lienor to file a certified copy of the Order Directing Lien To Attach in the office of the assistant registrar of the land court within seven days after the entry thereof in order to preserve the lienor's rights against subsequent encumbrancers and purchasers of the property."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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