Horton could have easily avoided any culpability by insisting the subcontractor indemnify them against claims resulting from wrongdoing on the part of the subcontractor.
In a business rife with illegals I sure would.
I work for a general contractor, and I do business with many subcontractors. Part of my job is to make sure every subcontract I write has all these CYA provisions.
Nevertheless, I know that ultimately the general contractor will be held responsible when the subcontractor has no assets.
Deep pockets is all you need to know. A judge can invalidate all those disclaimers in the subcontract very quickly.
Somebody’s gotta pay these millions of dollars, and the humble frame subcontractor will declare bankruptcy and leave the general contractor holding the bag.
It’s always been that way.