The Lien Law Section 38 Demand for Itemized Statement

Reviewed September 7, 2026.

A Buffalo owner or contractor who needs to understand a filed mechanic’s lien can request an itemized statement under New York Lien Law § 38. The statute requires a verified explanation of the labor or materials, their values and the terms of the contract underlying the lien.

Respond promptly and reconcile the amount

The initial response period is five days. Gather the contract, changes, invoices, payment history and credits, then explain how the balance relates to the work. The necessary detail depends on the claim and dispute; simply naming a hired entity does not satisfy every requirement.

Understand the court process

A missing or insufficient response permits an application for an order compelling compliance. Failure to obey that order can lead to a further cancellation application. The lien is not automatically discharged when the initial five-day period expires. A disputed itemization also does not automatically establish willful exaggeration.

Owners and contractors should review the response and any pending action before choosing a challenge. Lienors should not ignore a demand or sign an inaccurate statement.

Kushnick Pallaci PLLC represents construction clients throughout New York from its Long Island and New York City offices. Learn about its Section 38 itemization services and lien foreclosure and defense practice. Call 631-752-7100 or see the current contact page.

Attorney Advertising. General information, not legal advice.