Hawaii Lien Waiver Rules
- Rules At A Glance
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No Specific Form
Hawaii does not require the use of any specific lien waiver form. Any form may be used.
Notarization Not Required
Hawaii lien waivers are not required to be notarized, and should not be notarized.
Can Waive Rights in Contract
There is no specific prohibition on waiving future lien rights through contract or otherwise prior to work in Hawaii.
Can Waive Rights Before Payment
There is no specific prohibition on waiving lien rights prior to payment for jobs in Hawaii.
Hawaii lien waivers can be very tricky.
Lien waivers are not heavily regulated in Hawaii, both with respect to form and language, or to timing.
This means that in Hawaii, anybody on a construction job needs to closely examine what is being agreed upon in any contract and in any lien waiver document. Since lien rights appear to be able to be waived before work even begins, it is crucial to examine contracts for “no-lien” clauses. And, when waiving lien rights after work has been performed, or pursuant to payment, it’s worth making sure that there is not language hiding in the document that waives more than intended.
As such, good, clean, standard, and clear lien waiver forms and language is best practice for construction participants in Hawaii.
Below are some frequently asked questions about the lien waiver laws and requirements in Hawaii.
