Which of the Following May Be a Defence Available to a Surety

Multiple Choice

Which of the following may be a defence available to a surety who does not want to pay out under a performance bond?

A) the surety did not review the obligations on the contractor under the construction contract
B) the owner did not perform all the obligations under the construction contract
C) the contractor made a misrepresentation to the surety before the surety agreed to provide the performance bond
D) all of the above