sec.136Proceedings for subcontractor’s charge

### sec.136 Proceedings for subcontractor’s charge A proceeding for a subcontractor’s charge must— be started within— if the claim is for the retention amount only—4 months after the balance of the retention amount is payable; and otherwise—1 month after notice of the claim is given under section 122 to the person by whom the money is payable; and be brought by way of action. For a proceeding for a subcontractor’s charge, it is sufficient if the subcontractor proves that the charge attached to money payable or a security in existence on any date before the date of hearing. A subcontractor’s charge is extinguished if the proceedings to enforce it are not started as required under subsection (1) . s 136 amd 2018 No. 17 s 197 sch 2 (sec.136-ssec.1) A proceeding for a subcontractor’s charge must— be started within— if the claim is for the retention amount only—4 months after the balance of the retention amount is payable; and otherwise—1 month after notice of the claim is given under section 122 to the person by whom the money is payable; and be brought by way of action. (sec.136-ssec.2) For a proceeding for a subcontractor’s charge, it is sufficient if the subcontractor proves that the charge attached to money payable or a security in existence on any date before the date of hearing. (sec.136-ssec.3) A subcontractor’s charge is extinguished if the proceedings to enforce it are not started as required under subsection (1) . - (a) be started within— (i) if the claim is for the retention amount only—4 months after the balance of the retention amount is payable; and (ii) otherwise—1 month after notice of the claim is given under section 122 to the person by whom the money is payable; and - (i) if the claim is for the retention amount only—4 months after the balance of the retention amount is payable; and - (ii) otherwise—1 month after notice of the claim is given under section 122 to the person by whom the money is payable; and - (b) be brought by way of action. - (i) if the claim is for the retention amount only—4 months after the balance of the retention amount is payable; and - (ii) otherwise—1 month after notice of the claim is given under section 122 to the person by whom the money is payable; and