In 1997 the Flynns hired Applewood Construction to build them an environmentally friendly home. The house was erected on a concrete slab. The Flynns moved into their new home and discovered within the first year that the concrete slab had cracked, causing considerable damage to the structure. The Flynns successfully sued Applewood for damages, but before they could collect, Applewood went out of business. In 2005, the Flynns sued Superior Foundation who had been hired by Applewood to pour the concrete slab. What defence might Superior have against the Flynns’ claim?