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A subcontractor working on a Hawaii project has not been paid by the general contractor. Under HRS 507, against whose property can the subcontractor file a mechanics lien?

Correct Answer

D) Only the property where work was performed

Under HRS 507, mechanics liens attach to the specific property where the work was performed, not other properties owned by the contractor or owner.

Answer Options
A
Only the general contractor's property
B
The subcontractor cannot file a lien
C
Any property owned by the general contractor
D
Only the property where work was performed

Why This Is the Correct Answer

Under HRS 507, a mechanics lien attaches only to the specific property where the labor or materials were furnished. The lien cannot reach other properties owned by the general contractor or the project owner.

Why the Other Options Are Wrong

Option A: Only the general contractor's property

A lien cannot be filed against the general contractor's own property. The lien right under HRS 507 is tied to the improved property (the project site), not the assets of the party who owes money.

Option B: The subcontractor cannot file a lien

This is incorrect. Subcontractors in Hawaii do have lien rights under HRS 507, provided they follow required notice and filing procedures. Claiming no lien right misrepresents the statute.

Option C: Any property owned by the general contractor

A lien cannot attach to any property owned by the general contractor β€” only to the specific property that was improved by the subcontractor's work. Lien rights are property-specific, not contractor-asset-based.

Memory Technique

Think: 'The lien lives where the work lives.' The lien is a property-specific remedy β€” it stays on the land and building that benefited from the labor or materials.

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