A subcontractor begins work on a Hawaii project on March 15th but doesn't receive a preliminary notice until April 2nd. Under HRS 507, when must they provide their own preliminary notice?
Correct Answer
A) Within 20 days of starting work
Under HRS 507, preliminary notices must be given within 20 days after the person first furnishes labor or materials to the project.
Why This Is the Correct Answer
Option A is correct because HRS 507 ties the preliminary notice deadline to when the claimant first furnishes labor or materials, not to when they receive any notice from another party. The subcontractor started work on March 15th, so their own preliminary notice must be served within 20 days of that date — by approximately April 4th. The receipt of a notice from someone else on April 2nd is irrelevant to this calculation.
Why the Other Options Are Wrong
Option B: By April 17th
April 17th would be 15 days after April 2nd (the date the subcontractor received the notice). This option incorrectly uses the date of receiving a preliminary notice as the triggering event. The triggering event under HRS 507 is when the subcontractor first furnishes labor or materials, not when they receive someone else's notice.
Option C: Within 10 days of receiving the notice
Within 10 days of receiving the notice applies no such rule under HRS 507. The statute does not create a derivative 10-day window tied to receipt of another party's preliminary notice. This distracts by making the received notice the clock-starter.
Option D: By March 30th
March 30th would be only 15 days after the March 15th start date. While it correctly uses the work start date as the trigger, 15 days falls short of the actual 20-day window required by HRS 507.
Memory Technique
Think '20 days from Day 1 on the job.' The moment a shovel hits the ground or the first nail is driven, start your 20-day countdown. Other people's notices don't reset your clock.
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Under Hawaii's mechanics lien law, a subcontractor must provide preliminary notice within how many days of first furnishing labor or materials?
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