PART II. 
MECHANIC'S AND MATERIALMAN'S LIEN



 



Hawaii Legal Reporter Citations



 



  Held unconstitutional.  78-2 HLR 78-999.



 



§507-41  Definitions.  As used in this
part, unless a definite meaning clearly appears from the context:



"Furnishing of materials" includes
supplying of:  materials incorporated in the improvement or substantially
consumed in construction operations or specially fabricated for incorporation
in the improvement; building materials used during construction but not
remaining in the improvement, diminished by the salvage value of the materials;
transportation to bring the materials to the site of the improvement; tools,
appliances, or machinery (but not including hand tools), used during the
construction but not in excess of the reasonable rental value for the period of
actual use.



The delivery of materials to the site of the
improvement or the delivery of materials other than to the site of the
improvement, but upon the written statement by the general contractor or the
contractor's agents that the materials are for a particular improvement, shall
be prima facie evidence of incorporation of the materials in the improvement.



"General contractor" means a person
who enters into a contract with the owner for the improvement of real property.



"Improvement" includes the
construction, repair, alteration of or addition to any building, structure,
road, utility, railroad, or other undertaking or appurtenances thereto, and
includes any building, construction, erection, demolition, excavation, grading,
paving, filling in, landscaping, seeding, sodding, and planting, or any part
thereof existing, built, erected, placed, made, or done on real property, or
removed therefrom, for its benefit.



"Labor" includes professional
services rendered in furnishing the plans for or in the supervision of the
improvement.



"Lien" means the lien provided in
section 507-42.



"Owner" means the owner of the real
property or of any interest therein who enters into a contract for the
improvement thereof and who may be the owner in fee of the real property or of
a lesser estate therein, the lessee for a term of years therein, the person
having any right, title, or interest in the real property which may be sold
under legal process, or a vendee in possession under a contract for the
purchase of the real property or of any such right, title or interest therein.



"Person" includes natural persons,
partnerships, corporations, firms, unincorporated associations, joint ventures,
and any other party recognized at law as a person.



"Visible commencement of operations"
means the first actual work of improvement as part of a continuous operation,
or the first delivery to the site of materials to be used as part of a
continuous operation in the improvement, of such manifest and substantial
character as to notify interested persons that the real property is being
improved or is about to be improved. [L 1949, c 241, §1; RL 1955, §193-40; HRS
§507-41; gen ch 1985]



 



Revision Note



 



  Definitions rearranged.



 



Hawaii Legal Reporter Citations



 



  Sale of appliances.  77-1 HLR 77-199.