Common work area doctrine; Funk v General Motors Corp; Ormsby v Capital Welding, Inc; General contractor; Retained control; Readily observable & avoidable danger; Significant number of workers; Workers’ Disability Compensation Act (WDCA); Direct employer; Statutory employer; MCL 418.171; McQueer v Perfect Fence Co

The court held that the trial court erred by granting defendants summary disposition of plaintiff’s common-work-area and WDCA claims arising from injuries he suffered when inadequately braced roof trusses fell on him. As to the common-work-area claim, the court first held that a fact question existed whether defendant-VanderArk was the general contractor or an owner who retained control because he selected subcontractors, visited the site, paid subcontractors directly, provided equipment, and made decisions that had “an actual effect on the manner in which the workers performed the construction.” The court next held that the trial court erred by finding no readily observable danger based on VanderArk’s absence from the site and defendant-JonBuilt’s superior knowledge because a general contractor’s duty is to take reasonable steps to ensure “safety precautions are taken,” and that duty is not discharged by a subcontractor’s presence. The court also rejected defendants’ alternative arguments, reasoning that a fact question existed whether 7 to 10 workers were exposed to the risk of falling trusses, and that the area was common because workers from multiple subcontractors were “subject to the same risk or hazard.” As to the WDCA claims, the court held that a fact question existed whether defendants directly employed plaintiff because he worked daily at the ranch, VanderArk allegedly set his wage and directed him to leave, and defendant-Mid-Michigan asserted it hired and paid plaintiff “at VanderArk’s request and for efficiency purposes[.]” The court also held that the trial court’s conclusion that MCL 418.171 was “inapplicable to the facts of this case” was not legally supportable because plaintiff alleged the type of principal-contractor relationship the statute covers. Vacated and remanded.