Iowa Supreme Court Rules Home Builder Not Liable for Worker's Trench Collapse Injuries

DR Horton avoids $20.5 million payout after court finds it not responsible for subcontractor's actions

Apr. 10, 2026 at 7:43pm

Got story updates? Submit your updates here. ›

A photorealistic studio still life featuring a construction hard hat, safety goggles, and a crumpled blueprint, arranged elegantly on a clean, monochromatic background to symbolize the abstract concepts of construction site safety, legal liability, and corporate risk management.A somber still life captures the legal complexities and safety challenges that construction companies face when relying on subcontractors.Colfax Today

The Iowa Supreme Court has ruled that major home builder DR Horton is not liable for a 2019 construction accident in which one of its subcontractor's workers, Tim Kono, was severely injured when a trench he was working in collapsed, burying him alive. The court overturned a lower court decision that had ordered DR Horton to pay over $20.5 million in compensation and damages to Kono.

Why it matters

This case highlights the complex legal issues around liability in the construction industry, where general contractors often rely on subcontractors to perform specialized work. The ruling sets an important precedent that could impact how construction companies approach safety oversight and risk management when hiring subcontractors.

The details

Kono, a Colfax, Iowa resident, was working for plumbing subcontractor Royal Plumbing to install a sewer line at a Polk County home built by DR Horton when the trench he was working in collapsed, burying him under an SUV-sized mound of dirt. Kono suffered severe injuries and had to undergo multiple surgeries, in addition to suffering from post-traumatic stress. Evidence showed the trench had multiple OSHA violations and that Kono was pressured with foul language to continue working in unsafe conditions.

  • The construction accident occurred in 2019.
  • The Iowa Supreme Court issued its ruling on the case in April 2026.

The players

Tim Kono

A construction worker from Colfax, Iowa who was severely injured when a trench he was working in collapsed at a DR Horton construction site.

DR Horton

One of the largest home building companies in the United States, which was found not liable for Kono's injuries by the Iowa Supreme Court.

Royal Plumbing

The plumbing subcontractor that employed Kono and was responsible for the unsafe trench conditions that led to his injuries.

Got photos? Submit your photos here. ›

The takeaway

This case highlights the challenges general contractors face in ensuring subcontractor safety, as well as the high legal bar for holding them liable for subcontractor actions. It may prompt construction firms to reevaluate their subcontractor vetting and oversight practices to mitigate risk, while also raising questions about the adequacy of current construction safety regulations.