Question
A is a carpenter and has completed the framing of eight homes for G, the general (prime) contractor. Prior to A's work, B had leveled
A is a carpenter and has completed the framing of eight homes for G, the general (prime) contractor. Prior to A's work, B had leveled and graded the property; C had put in the foundation; D had staked out the driveways and homes; and E had partially installed the plumbing fixtures. The tasks were completed on the following dates:
- November, 22, 2012;
- August 1, 2012;
- September 15, 2012;
- August 15, 2012;
- August 30, 2012.
All parties properly served a preliminary notice. A construction mortgage was filed, August 1, 2012. No one has been paid, and A, B, C,D, and E have all field liens by December 1, 2012. Who has priority, the mortgage company or the lienors? What order of priority exists among the lienors? What happens if there is not enough money to pay the lienors? What is the fairest result? Why?
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