Home>Levelset Community>Legal Help>we served a lien through zlien. now we got a response from his lawyer requesting detailed information about the job. cost of materials, hourly labor rate, names and addresses of persons performing services, etc
we served a lien through zlien. now we got a response from his lawyer requesting detailed information about the job. cost of materials, hourly labor rate, names and addresses of persons performing services, etc
we started a job and the owner did not make payment as requested. we did not complete the final installation of the condenser because he wasn't paying the amount billed to that point. so the job is technically actually still in progress.
1 reply
Feb 13, 2019
I'm sorry to hear that you've gone unpaid and that a lien filing became necessary on this job. When a lien claim is filed, it's extremely common for a property owner to verify the amount of the claim before deciding how to respond to such a filing. Of course, how to respond to requests for information is often up to the lien claimant themselves - but, if the lien claim accurately represents the amounts owed to the claimant, there would seem to be little risk in providing a detailed account of the amounts unpaid that make up a lien claim. Potentially, by doing so, a lien claimant might be taking one step closer to resolving the dispute. In New York specifically, under § 38 of the New York mechanics lien statute, an owner has the right to demand a statement from the lien claimant that sets 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." The statement must be officially verified by the lienor or their agent. Very importantly, if a lien claimant fails to provide the statement within 5 days of the owner requesting it, the lien claim could ultimately be vacated by a court. Keep in mind - it should not be particularly hard to obtain and then provide the information set out under § 38. The information required by that section could likely be found in a common invoice or pay application, and if combined with a copy of the contract under which the lien claimant provided work, then verified - it wouldn't seem like a monumental burden for a lien claimant. Rather, it's yet another necessary exchange of documentation - and the documentation required is (almost definitely) easily accessible.
Of course, keep in mind that it's also extremely common for property owners to challenge a filed lien claim based on the amounts claimed. If a lien claim is ultimately challenged, this resource should be helpful: My Lien Was Challenged — What Do I Do? For more on New York lien laws - check out the New York Lien and Notice FAQs. Of course, feel free to come back if you have more specific questions!