Case: Suquilanda v. Skyway Roofing, Inc., SJC-13878 (Mass. Aug. 17, 2026).
Facts: A roofer employed by subcontractor MBT Construction Corp. fell from a roof while replacing shingles at Jiminy Peak Mountain Resort and suffered catastrophic injuries. He sued general contractor Skyway Roofing for negligence and negligent hiring, arguing that Skyway controlled jobsite safety and knew MBT had prior OSHA fall-protection citations. MBT, however, controlled the means and methods of its work and supplied its own fall-protection equipment.
Holding: The Massachusetts Supreme Judicial Court affirmed summary judgment for Skyway. The court held that a general contractor does not owe a subcontractor’s employee a duty of care under the retained-control doctrine unless the general contractor retains or exercises control over the injury-producing work or safety practices. General direction of the work, status as the general contractor on the building permit, and a contractual obligation to maintain a safe worksite were insufficient. The court also held that, under these circumstances, Massachusetts law does not recognize an independent negligent hiring duty owed by a general contractor to the subcontractor’s own employee.
👉 Takeaway: Contract language and actual jobsite practices matter. A general contractor that does not assume control over a subcontractor’s means, methods, or specific safety practices may substantially reduce its exposure for injuries to the subcontractor’s employees. Contractors should carefully draft safety provisions so that general oversight and enforcement rights do not inadvertently create operational control over a subcontractor’s work.
