The law has provided a remedy for victims of residential construction defects for over 2,000 years. The Code of Hammurabi (c. 1755-1750 B.C.), one of the earliest and most complete written legal codes, was a collection of 282 rules that established standards for commercial interactions and set fines and punishments to meet the requirements of justice. Several of the rules pertained to building construction, for example: “229, If a builder builds a house for someone, and does not construct it properly, and the house which he built falls in and kills its owner, then that builder shall be put to death”; and “232, If it ruins goods, he shall make compensation for all that has been ruined, and inasmuch as he did not construct properly this house which he built and it fell, he shall re-erect the house from his own means.” Significantly, Hammurabi’s Code established the concept of civil damages, whereby one is liable for defective work—a concept that has survived to this day.

As laws pertaining to construction evolved, building codes were established and evolved over thousands of years. Modern day building codes, such as the BOCA, CABO, and IRC, are intended to protect the public health, safety, and general welfare as they pertain to residential and commercial construction. Importantly, The Pennsylvania legislature gave the power to municipalities to adopt standard building codes and render certain construction unlawful. 53 Pa.C.S. Section 4102 states: