Updated September 7, 2026. New York Lien Law § 38 gives an owner or contractor a procedure to request an itemized explanation of a filed mechanic's lien.
What must the statement contain?
The lienor must provide a verified written statement identifying the labor and materials, their values and the contract terms supporting the lien amount. Gather the contract, changes, invoices, payment history and calculation of the remaining claim.
What happens if the lienor does not respond?
The statute provides a five-day response period. If the response is missing or insufficient, the person demanding the statement may apply to court for an order compelling compliance. Failure to comply with that court order can lead to a further application to cancel the lien. Missing the initial five-day period does not automatically cancel the lien.
Is this the same as a trust-fund records demand?
No. A § 38 statement explains the lien amount. A demand under Lien Law § 76 concerns Article 3-A trust records and follows a different procedure. Identify the demand and applicable response requirements before replying.
Preparing or responding to a demand
A useful response connects the claimed amount to the underlying work and accounting. Preserve the original records and distinguish disputed charges from amounts already credited or paid.
Kushnick Pallaci PLLC assists with Section 38 demands and lien itemization and lien foreclosure disputes. Call (631) 752-7100 for advice about a particular demand.
General information only. Court applications and service requirements need case-specific review.
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