9. In general, it is much easier for the contractor to establish owner liability for defective design under the contract and warranty theories than it is to prove professional negligence on the part of the design professional A True B. False 10. The contractor can be held liable to the owner for design defects under traditional design-bid-build-scheme if which of the following are used: A. Performance specifications B. "Brand name or equal" specifications C. A&B D. None of the above 11. The third party beneficiary theory is usually not a viable option of recovery for the contractor to recover from the design professional. A. True B. False 12. Which is not a basis for which the architect may withhold a certificate of payment? A. Defective work not remedied B. Damage to the owner or another contractor C. Third party claims flied D. Contractor failure to make payments to sub-contractors E. None of the above 13. Which is not considered when reviewing the facts and circumstances surrounding contract formation to interpret the contract? A. Parties' prior dealings B. Economic impact of the interpretation C. Discussions and conduct of the parties D. Custom and usages in the industry I 14. Which is not a law commonly applicable to construction projects? A. Tort B. Contract C. Criminal 2 D. Statutory/regulatory