Before a subcontractor can claim a charge on money, the claim must be certified by a qualified person within the building industry, as defined in the Act.
If a claim is not accepted and paid it must be enforced by the subcontractor through the courts. Strict time limits apply to the lodging of a charge and to begin court action to enforce it.
Claims may also be made in respect of retention monies.
An employer who fails to retain the required monies is personally liable to pay the amount of the charge to the subcontractor.
A person who claims a charge vexatiously or without reasonable grounds is liable to pay compensation to another person who is affected prejudicially by the claim.