port Title:

Mechanic's and Materialman's Lien; Additional Filing Period

Description:

Extends the deadline for applying for a mechanic's lien where the contractor has forgone the filing of a lien conditioned upon receipt of full payment within 45 days of completion, and the owner fails to pay in full within that time period.

THE SENATE

S.B. NO.

1779

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO 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:

(1) Where a person claiming a lien has conditionally waived the person's right to file for a lien based upon a written agreement with the owner that the owner will pay the person the full amount of the claim not later than forty-five days after the date of completion; and

(2) Where the owner fails to make payment in full within the forty-day period as so agreed;

the person claiming the lien shall have an additional ten days after the date of completion in which to file an Application and Notice. 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 Statutory material to be repealed is bracketed and stricken.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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