[BUG] Wrong evaluation order?

Sometimes the background tool is not evaluated as expected.

Steps to reproduce:
1) Open the comp.
2) Pull the blue tool in the view.
The tools are evaluated as expected. Note that the orange background has some orange points if you drag it into the view.

Now close the comp again (do not save).
1) Open the comp.
2) Pull the orange tool in the view.
Now that is unexpected. The orange points are not drawn correctly. Something is fishy and can not be easily fixed.

Please note that I used many cross dependencies via paths and expressions. Regardless the expected result like in the render does not occur if you instead render the orange background first. Why?

I noted that there is a double evaluation.
Since the Merge11 uses the background of something that depends on the Path in the nodes of the forground branch when evaluating I first see a result and then it rerenders for the right result.

Still I think it is an interface problem if you see non consistent results. As far as I can tell the positions that I am referencing should not depend on the foreground to be evaluated first.