The Washington Court of Appeals recently ruled against DHI Communities Construction of Washington in a case concerning safety violations at a construction site. The court upheld a decision that found DHI liable for violations of the Washington Industrial Safety and Health Act (WISHA) committed by its subcontractor, Northwest Framing. This ruling has significant implications for general contractors regarding their responsibilities for safety compliance on job sites.

The case, officially titled DHI Communities Construction of Washington v. Washington State Department of Labor and Industries, was filed under docket number 61057-4-II. The court's decision was made public on November 10, 2026, following a motion by the Department of Labor and Industries (L&I) to publish the opinion. The ruling clarifies the extent of a general contractor's liability for safety violations committed by subcontractors.

Background

DHI Communities is the commercial division of DR Horton, a major housing construction company. DHI is responsible for building apartments and rental homes, primarily by hiring and supervising subcontractors to perform the actual construction work. In 2017, DHI began the Rainier Ridge project, which involved the construction of 307 apartments in Puyallup, Washington. For this project, DHI hired Northwest Framing to handle the framing work.

During the Rainier Ridge project, DHI employed several superintendents to oversee safety and progress. These superintendents conducted regular safety checks and meetings with subcontractor employees. However, during an inspection by L&I in August 2022, violations were found, including workers from Northwest Framing operating without proper fall protection. The inspector noted that these violations were visible from outside the job site trailer, where DHI's superintendents were present.

The Ruling

The court ruled in favor of L&I, affirming the Board of Industrial Insurance Appeals (BIIA) decision that DHI had committed several safety violations. The court found that DHI had constructive knowledge of the violations because they were observable and occurred while DHI's superintendents were on site. The ruling stated, "substantial evidence supported the BIIA’s finding that DHI had constructive knowledge of Northwest Framing’s WISHA violations because the violations occurred in plain view on a day when DHI superintendents were working on the job site."

Additionally, the court concluded that the violations were willful, given DHI's prior citations for similar safety issues. The opinion noted, "substantial evidence supported the BIIA’s finding that the violations were willful because DHI had previously been cited for violating the WISHA fall safety regulations." The judges on the panel included Judge Cruser, Chief Judge Veljacic, and Judge Maxa.

Impact

This ruling emphasizes the responsibilities of general contractors regarding workplace safety, particularly concerning their subcontractors. The court's decision reinforces the precedent established in the Stute case, which holds that general contractors are primarily responsible for ensuring compliance with safety regulations on their job sites. This ruling could lead to increased scrutiny of general contractors' safety practices and may encourage stricter enforcement of safety regulations across the construction industry.

Contractors may need to enhance their safety oversight and compliance measures to avoid similar citations in the future. The decision serves as a reminder that general contractors cannot delegate their safety responsibilities to subcontractors without maintaining an active role in monitoring compliance.

What's Next

As of now, it is unclear if DHI will appeal the decision. The court's ruling is significant and may influence future cases involving general contractor liability for subcontractor violations. There are no related cases pending that were mentioned in the court filing.