SJC hears arguments on whether general contractors can face negligent-hiring claims for subcontractor employees

The Massachusetts Supreme Judicial Court heard arguments on whether an employee of a subcontractor may bring a negligent-hiring or negligent-contracting claim against a general contractor after being injured on a job the general contractor permitted.

At the outset, Tom Bond, counsel for the plaintiff-appellant Luis Contento Suquilanda, told the court that Skyway Roofing obtained the contract by representing it would manage project safety and then "pulled the bait and switch" by hiring a frequent subcontractor with prior OSHA fall-protection citations. Bond said the general contractor "went into the town hall and they swore that they were in control of the construction," and argued the record supports treating that representation as retained control that can give rise to a civil claim rather than leaving the injured worker solely to the workers' compensation system.

Bond urged the court to recognize the claim to create a safety incentive for general contractors to vet subcontractors. "I call it the swear-switching-ghost practice," he said, arguing that courts should not bless a blueprint that allows a contractor to represent control for permitting…