Demanding an Itemized Statement of Mechanic's Lien

Reviewed September 7, 2026.

An owner or contractor receiving a mechanic’s lien may need a clearer explanation of the work and balance claimed. Lien Law § 38 provides a written-demand procedure for a verified itemized statement.

What to identify in the demand

• The owner or contractor making the request.
• The lienor, property, amount and filing date of the lien to be itemized.
• The labor or materials, their values and the contract terms required by the statute.
• The five-day statutory response period and a delivery address.

Document delivery of the written demand. Certified mail is a useful way to preserve delivery evidence; applications to court have separate statutory notice and service requirements.

Review the response before seeking relief

A verified response should connect the claimed amount to the work and agreement. Review the contract, invoices, changes, payments and credits. The necessary detail depends on the nature of the agreement and what is disputed; the demand is not a substitute for all discovery in a payment lawsuit.

If a response is missing or insufficient after five days, the demanding party may apply for an order requiring compliance. A further cancellation application may follow failure to obey that order. Failure to answer the initial demand does not automatically discharge the lien. Check for pending foreclosure litigation before choosing a separate proceeding.

Kushnick Pallaci PLLC assists owners, contractors and lienors with itemization demands and responses and mechanic’s lien litigation. Call 631-752-7100 or email vtp@kushnicklaw.com.

Attorney Advertising. General information, not legal advice.