A recent New York appellate court decision highlights the danger of contractors, subcontractors and suppliers not having a complete understanding of Section 38 of the Lien Law.

It allows the party against whom a mechanic's lien is filed to compel the lienor to produce a sworn, Itemized Statement as to both the specific items, and value of the labor and materials, which constitute the alleged value of its lien. Specifically, Section 38 provides...

A lienor who has filed a notice of lien shall, on demand in writing, deliver to the owner or contractor making such demand a statement in writing which shall set forth the items of labor and/or material and the value thereof which make up the amount for which he claims a lien, and which shall also set forth the terms of the contract under which such items were furnished.