Under HRS 507, a mechanics lien must be filed in which location?
Correct Answer
B) The county where the work was performed
HRS 507 requires mechanics liens to be filed in the county where the construction work was actually performed, as this is where the property is located.
Why This Is the Correct Answer
HRS 507 requires mechanics liens to be filed in the county where the construction work was performed. Since real property liens must be recorded in the land records of the county where the property is located, and property is immovable, the filing county is always the county of the project site. In Hawaii this means filing with the Bureau of Conveyances or the county's land court.
Why the Other Options Are Wrong
Option A: Any county in Hawaii
A lien cannot be filed in any county in Hawaii. Real property documents must be recorded in the county or circuit where the property is located. Filing in the wrong county would be ineffective and would not create a valid lien on the property.
Option C: The state capital in Honolulu
Hawaii's state capital is in Honolulu, but state-level filing is not required for mechanics liens. Liens are county-level real property instruments. A lien for work performed on Maui would be filed in Maui County, not in Honolulu.
Option D: The county where the contractor's business is located
The contractor's business location is irrelevant to where the lien is filed. The lien attaches to the improved property, and that property is in a specific county. The contractor may be located anywhere in Hawaii (or outside Hawaii) and still must file the lien where the property sits.
Memory Technique
The lien follows the land. Land can't move, so the lien is filed where the land is — the county where the work was performed (which is also where the property is located). If you worked on a project in Hilo (Hawaii County), you file your lien in Hawaii County.
More Hawaii Questions
What is the minimum general liability insurance coverage required for Hawaii contractors under HRS 444?
A contractor's license expires on June 30th. What is the late renewal penalty fee in Hawaii?
A contractor completes $85,000 worth of work on a residential project in Hawaii. The property owner fails to pay. Under HRS 507, what is the maximum lien amount the contractor can claim?
A contractor's insurance policy has a $1 million aggregate limit and a $500,000 per occurrence limit. Two separate incidents occur: one causing $400,000 in damages and another causing $300,000. How much will the insurance cover?
Under Hawaii's mechanics lien law, a subcontractor must provide preliminary notice within how many days of first furnishing labor or materials?
A subcontractor provides $28,000 worth of plumbing work but is not paid by the general contractor. Under HRS 507, what is the priority of the mechanics lien compared to a mortgage recorded before construction began?
A contractor discovers contaminated soil during excavation of a residential property. Under Hawaii environmental regulations, who must be notified immediately?
A contractor working on a project in a Hawaii historic district must obtain approval from which entity before beginning work?
A contractor fails to obtain required building permits before starting work. The property owner discovers this and terminates the contract. Under Hawaii law, what is the contractor's right to payment?
A contractor has 12 employees with a total annual payroll of $480,000. If the workers compensation rate is $12.75 per $100 of payroll, what is the annual premium?
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Previous Question
A Hawaii contractor completes a $75,000 residential addition project. The homeowner refuses to pay the final $15,000. What is the deadline to file a mechanics lien under HRS 507?
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A contractor files a mechanics lien for $25,000 but the actual amount owed is only $18,000. What penalty may apply under HRS 507?