ABSTRACT
Under the Code of Hammurabi, a builder (and even his family members) could be put to death for construction defects that caused fatalities. Perhaps as a legacy of Hammurabi’s perspective on civil works, many states in the United States have statutes that hold architects and builders liable for negligent practices and often have statutes of “repose” or “decennial liability” that “terminate” liability after some predetermined period (often 10 years) from the completion of a project.1 Pursuing a claim based upon a builder’s negligence requires the owner to demonstrate that a builder was negligent. Consequently, it has become common practice for owners to negotiate contractual provisions for warranties of work so that the owner will not have to demonstrate that the EPC contractor’s negligence has been involved.
