What Is New York Lien Law § 76?

Reviewed September 7, 2026.

Lien Law § 76 gives a qualifying construction trust beneficiary a way to obtain information about the project’s trust assets and their use. It can help an unpaid contractor or supplier investigate the payment history.

Two options for obtaining information

Generally, after thirty days have passed since a trust claim became payable, the beneficiary may elect to inspect and copy the trustee’s books or receive a verified statement of the trust entries. Ordinary requests may be made no more often than once a month.

The written demand must identify the beneficiary, project and trust, the nature and amount of the unpaid claim, and its due date. Serve it personally or by registered or certified mail. The statute generally allows ten days for compliance.

What the response should cover

A verified statement must address the entries required by § 75, including receivables, payables, receipts, trust payments and relevant lending transfers, together with the people who authorized the payments. A bank balance alone is not the complete response.

The trustee may challenge entitlement in court, and a beneficiary may seek an order compelling compliance. A § 76 demand does not automatically establish diversion or preserve an expiring lien. Trust information rights are separate from § 38 lien itemization.

Kushnick Pallaci PLLC assists clients throughout New York with Article 3-A trust fund claims. Contact 631-752-7100 or vtp@kushnicklaw.com.

Attorney Advertising. General information, not legal advice.