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emergency plumbing services

HawaiiLien DeadlinesMechanics Lien

Are "emergency plumbing services" included in the laws for Hawaii Mechanics Lien which limits them to put a lien on my property to within 45 days of completing the work? The company damaged my property while working on my home so I said I won't pay them until they fix it to which they agreed but communication stopped. They contacted me 6 months later saying they didn't agree to fix the damage and that I still owe them money for the invoice or else they will put a lien on my property. I emailed them with proof that their manager left a voice message promising me that they will fix the damage. They haven't responded for another 2 months since. I'm wondering if at this point, I don't need to pay the invoice since I tried my part in making things work but they failed to follow through or communicate.

1 reply

Jun 12, 2020
All Hawaii mechanics lien claims will need to be made within the deadline to file, regardless of whether the work is emergency work. But, to be sure, Hawaii's mechanics lien deadline is a bit complicated. Hawaii mechanics liens must be filed within 45 days of completion of the project. However, the completion date will be dependent on when a Notice of Completion is filed. So, the deadline will run from the filing of that Notice of Completion. If the Notice of Completion is not filed - then the completion date will be 1 year from when the job was completed or abandoned. Meaning, if a Notice of Completion isn't filed, then the lien window could be as long as 1 year and 45 days after completion or abandonment. As for whether you should pay the bill - that's ultimately up to you. It's possible that the claimant could pursue a mechanics lien even if there's a dispute over there workmanship, and it's also possible they might seek some other form of recourse (like filing legal claims). Granted, if there was an issue with their work, the owner could absolutely challenge the lien or legal claim and end up winning damages, attorney fees, court costs, etc.
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