Know and Understand Lien Law Section 38

Reviewed September 7, 2026.

A demand under New York Lien Law § 38 can help an owner or contractor understand the amount claimed in a mechanic’s lien. It is one available tool; it is not automatically the best first response to every lien.

What the demand requests

The statute calls for a verified statement of the labor or materials, their values and the contract terms supporting the lien. Review the lien, agreement, invoices, changes, payments and credits to identify what needs clarification.

What happens next

The initial response period is five days. If the response is missing or insufficient, the demanding party may apply for a court order requiring compliance. Disobeying that order can support a further application to cancel the lien. The initial missed deadline does not itself cancel the lien.

A deadline to extend or enforce the lien, a pending lawsuit or an immediate need to address title may affect the appropriate response. Lienors should obtain advice promptly and preserve the records needed for an accurate statement.

Kushnick Pallaci PLLC handles Section 38 demands and responses and lien litigation across New York. Its current offices are on Long Island and in New York City. Call 631-752-7100 or visit the contact page.

Attorney Advertising. General information, not legal advice.