RTA · Prompt Payment and Construction Lien Act
Part 2 — Creation of Lien
11 Priorities
assignments, attachments, garnishments and receiving orders
recovered, issued or made after the lien arises.
(2) Notwithstanding subsection (1), a payment made pursuant to
an assignment, attachment, garnishment or receiving order that is
paid, before a lien is registered, to a person for whose benefit the
assignment, attachment, garnishment or receiving order is made or
issued, takes priority over the lien.
(3) Notwithstanding subsection (2), no judgment, execution,
assignment, attachment, garnishment or receiving order shall affect
the amount required to be retained under sections 18(1), (1.1) or
(1.2) and 23(1), (1.1) or (1.2).
(4) A registered mortgage or a mortgage registered by way of a
caveat has priority over a lien to the extent of the mortgage money
in good faith secured or advanced in money prior to the registration
of the statement of lien.
(5) Advances or payments made under a mortgage after a
statement of lien has been registered rank after the lien, but a
mortgagee who has applied mortgage money in payment of a
statement of lien that has been registered is subrogated to the rights
and priority of the lienholder who has been so paid to the extent of
the money so applied.
(6) An agreement for sale of land in respect of which a caveat has
been filed and any money in good faith secured or payable under
the agreement has the same priority over a lien as is provided for a
RSA 2000
PROMPT PAYMENT
mortgage and mortgage money in subsections (1) and (2), and for
the purposes of this Act,
(a) the seller is deemed to be a mortgagee, and
(b) any money in good faith secured and payable under such
an agreement is deemed to be mortgage money in good
faith secured or advanced.
RSA 2000 cB-7 s11;2001 c20 s3;2020 c30 s6