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Lien waivers by state · Hawaii

Hawaii lien waiver requirements

Hawaii is a non-statutory state

Hawaii does not regulate lien waivers by statute — there is no prescribed or mandatory waiver form or language, and parties may freely word conditional or unconditional waivers. To be effective a waiver generally should clearly identify the amount being waived, the property/project, and be signed by the waiving party. Because waivers are lightly regulated, review release language carefully before signing.

Statute: Haw. Rev. Stat. ch. 507, pt. II (§§ 507-41 to 507-49) governs mechanics/materialmen liens; there is no statute prescribing lien-waiver form or language.

Hawaii lien waiver forms

The four standard waiver-and-release types and Hawaii’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Hawaii does not require lien waivers to be notarized; multiple references note they should not be notarized unless a party specifically requests it.
Mandatory statutory language: No statutory mandatory language. Lien waivers are not regulated by statute in Hawaii, so they may be freely worded; best practice is to clearly state the amount waived and the property/project covered.
Electronic signatures accepted

Key Hawaii deadlines

Preliminary / pre-lien notice: Not required — Hawaii has no preliminary notice requirement to preserve lien rights.
Notice of intent to lien: Not required — a notice of intent to lien is optional (used strategically), not mandated by statute.
Mechanics lien filing deadline: Within 45 days after the "date of completion" of the improvement (i.e., 45 days after a Notice of Completion is published/filed). If no notice of completion is published, the date of completion is deemed one year after actual completion or abandonment.

Hawaii lien waiver FAQ

Does Hawaii require a specific lien waiver form?

No. Hawaii does not require any specific or statutory lien waiver form — waivers may be freely worded. A valid waiver should clearly state the amount being waived and the property/project it applies to, and be signed by the party waiving rights.

Do lien waivers need to be notarized in Hawaii?

No. Hawaii does not require lien waivers to be notarized; references note they generally should not be notarized unless a party specifically requests it.

Can lien waivers be signed electronically in Hawaii?

Yes. Hawaii has adopted the Uniform Electronic Transactions Act (HRS ch. 489E), under which an electronic signature is not denied legal effect solely because it is electronic. Since lien waivers are private, non-statutory documents, they can be signed electronically.

What is the deadline to file a mechanics lien in Hawaii?

Within 45 days after the date of completion of the improvement — typically 45 days after a Notice of Completion is published/filed. If no notice of completion is published, the date of completion is deemed one year after actual completion or abandonment.