Chicago Title Insurance Company, NCS

– 18 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM Any person or association of persons furnishing authorized labor or material in the improvement of real property (includes plans by architect used to get county approval to build). Nakashima Assocs., Inc. v. Pac. Beach Corp., 3 Haw. App. 58, 60, 641 P.2d 337, 339 (1982) HI REV STATE § 507-42 DEADLINE TO PERFECT Application and notice for lien must be filed within 45 days after the date of completion. “Date of completion” is 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 situated; or if no notice has been published then the “date of completion” is deemed to be one year after actual completion or abandonment. HI REV STATE § 507-43 BROKEN PRIORITY Lien generally relates back to the date of visible commencement. Mortgages recorded after visible “Commencement” and before the date of completion and all or a portion of the money advanced under and secured by the mortgage is thereafter used for the purpose of paying for the improvement, have priority over mechanic’s liens to the extent of the payments provided such mortgages recite that the purpose of the mortgage is to secure moneys advanced for the purpose of paying for the improvement in whole or in part. Strouss v. Simmons, 1982, 66 Haw. 32, 657 P.2d 1004. “Visible commencement” is the first actual work of improvement as part of a continuous operation, or the first delivery to the site of materials to be used as part of a continuous operation. HI REV STATE § 507-46 HI REV STATE § 507-41 DURATION OF LIEN Lien expires 3 months after the entry of the Order Directing Lien to Attach unless proceedings are commenced within that time to enforce the lien. HI REV STATE § 507-43 (E) CONTENTS OF LIEN (1) Names of the parties who contracted; (2) name of the general contractor; (3) name of the owner(s) and any person or party with an interest therein; (4) amount of claim; (5) a description of the labor or materials; (6) description sufficient to identify the property; and (7) any other information needed for a clear understanding of the claim. Strict compliance required regarding inclusion of necessary terms. Masaharu Kagoshima v. Kaimi, 38 Haw. 372, 380 (1949). HI REV STATE § 507.43 (A) NATIONAL COMMERCIAL SERVICES BY STATE MECHANIC’S LIEN HAWAII HAWAII