The clause employers slip into every contract just failed its biggest test yet
A Washington appeals court just told a major homebuilder it cannot offload safety liability to its contractors through paperwork alone.
In a decision filed February 10, 2026, and ordered published on May 19, 2026, the Court of Appeals of the State of Washington, Division II, affirmed a state safety citation against Pulte Homes of Washington over a fall protection violation at a Bainbridge Island townhome project.
The facts are straightforward. In 2021, Pulte was developing the 275 Degrees Project, a multifamily site of 24 luxury units across six buildings. It had hired contractor Surface Solutions to install waterproof coating on the decks. On April 22, an inspector from the state Department of Labor and Industries was walking around the outside of the site when he spotted a Surface Solutions worker, Armando Ramirez, working close to the edge of a deck 20 to 25 feet off the ground with no fall protection. Ramirez had been up there for about five hours. Surface Solutions also did not have a fall protection work plan posted on site.
The Department cited Pulte, not just Surface Solutions, and assessed a $6,000 penalty. Pulte appealed through the Board of Industrial Insurance Appeals, the Kitsap County Superior Court, and the Court of Appeals. It lost every round.
Pulte's defense is the one HR and safety leaders see all the time. Surface Solutions was an independent contractor. The master trade...
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