What is a demand pursuant to Lien Law Section 38?

Reviewed September 7, 2026.

An owner or contractor who needs to understand a filed mechanic’s lien may make a written demand under New York Lien Law § 38. The requested verified statement explains the labor or materials, their values and the contract terms underlying the claim.

Preparing a useful demand

• Identify the owner or contractor making the request and its relationship to the project.
• Identify the lienor, property, filing date and lien amount so the particular lien is clear.
• Request the statutory itemization and verification, with a response within the five-day statutory period.
• Keep evidence of delivery. Certified mail can help document delivery; do not confuse the initial demand with the separate service requirements for a court application.

Responding to the demand

Act promptly. Assemble the contract, proposals, change orders, invoices, payroll or time records where relevant, material records, payments and credits. Reconcile those records to the amount actually liened. The response should explain the work and contractual basis rather than merely assert that money remains due.

The necessary detail depends on the dispute. An agreed-price contract, a partially completed scope, extra work and a claim for reasonable value can raise different itemization issues. In Associated Building Services, Inc. v. Pentecostal Faith Church, 112 A.D.3d 1130 (3d Dep’t 2013), the court found further itemization unnecessary in the circumstances because the existing materials sufficiently explained the claim. It is therefore too broad to say every response must use a universal hours-times-rate format or that every contract-based summary is deficient.

Check the arithmetic

For example, a $100,000 base contract plus $25,000 in changes totals $125,000. After $75,000 in payments, the arithmetic balance is $50,000. If payments instead total $50,000, the balance is $75,000. Neither calculation alone establishes the lienable amount: the work performed, authorized changes, offsets, credits and other legal requirements must also be examined.

A missed response does not automatically discharge the lien

If the lienor fails to supply a sufficient statement within five days, the demanding party may seek an order compelling compliance. Failure to comply with that order can support a further application to cancel the lien. The statutory notices and service must be followed. In Matter of Broadway PT 1710 LLC v. Kingdom Associates, Inc. (1st Dep’t 2026), § 38 did not justify discharge where no court had ordered an itemized statement.

Itemization may expose disputed charges, but an inadequate response does not itself prove willful exaggeration. A lienor should preserve accurate records, correct genuine accounting mistakes through the appropriate procedure and obtain advice before making sworn representations.

Kushnick Pallaci PLLC handles Section 38 demands and lien itemization and lien enforcement and defense. Contact Vincent T. Pallaci at 631-752-7100 or vtp@kushnicklaw.com.

Attorney Advertising. General information, not legal advice.