Section 38-1a-403 - Effective time and priority of preconstruction lien - Subordination to bona fide loan(1) Except as otherwise provided in this chapter, a preconstruction lien: (a) relates back to and takes effect as of the time of filing of the earliest timely filed notice of preconstruction service under Section 38-1a-401 for the anticipated improvement for which the preconstruction lien is claimed; and(b) has priority over: (i) any lien, mortgage, or other encumbrance that attaches after the earliest timely filed notice of preconstruction service is filed; and(ii) any lien, mortgage, or other encumbrance of which the claimant had no notice and that was unrecorded at the time the earliest timely filed notice of preconstruction service is filed.(2) A preconstruction lien is subordinate to an interest securing a bona fide loan if and to the extent that the lien covers preconstruction service provided after the interest securing a bona fide loan is recorded.Amended by Chapter 464, 2013 General Session ,§ 6, eff. 5/14/2013.Renumbered from § 38-1-4.7 and amended by Chapter 278, 2012 General Session ,§ 32, eff. 5/8/2012.Enacted by Chapter 339, 2011, 2011 General Session