Jones argues Holley had a duty not to expose his property to an unreasonable risk of fire. Jones alleges this duty arose out of Holley's contractual agreement to clean up the entire construction site, his duty to supervise his employees, and his duty to comply with the BOCA Code's proscriptions against burning. We disagree. The question of whether a duty exists is a question of law to be decided by the trial court. Id. The trial court found, as a matter of law, Holley was not the general contractor of the project. Jones hired Middleton as the drywall contractor, and Middleton subcontracted the drywall hanging job to Ames. Therefore, Holley was not directly responsible for Ames' actions.
The issue of a subcontractor's liability to others at a construction sitebuy a building in Detroit. He explained that with a down payment of $25,000 the building could be purchased for $145,000. He further stated that in the event the Association purchased the building on these terms and made payments at the rate of $1,000 per month for five years, he would pay the unpaid balance at the end of five years. The minutes of the board of trustees' meeting relating to this proposal read in pertinent part as follows:
"Mr. Timko called attention to a building in Detroit, Michigan known as 7030 East Seven Mile Road, and stated that it was being offered for sale for $155,000, but that he thought he might be able to buy it for the Association for $145,000. Mr. Timko proposed that if arrangements