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Matthews v. Horseshoe Casino9/6/2005
lted for permission in carrying out the duties of the project.
. Similarly, the contract between White and Horseshoe further supports this contention. The contract specifically provided in pertinent part that:
The Contractor acknowledges that it is the Contractor's responsibility to hire all personnel for the proper and diligent prosecution of the work, and the Contractor shall use its best efforts to maintain labor peace for the duration of the Project. In the event of a labor dispute, the Contractor shall not be entitled to any increase in the Cost of the Work. Article 2, No. 15 The contract also stated that:
It is not incumbent upon the owner to notify the Contractor when to begin, to cease or resume work, nor in any way to superintend so as to relieve the Contractor of responsibility or of any consequence of neglect or carelessness by it or its subordinates. All material and labor shall be furnished at such time as shall be for the best interest of all contractors concerned, to the end that the combined work of all may be properly and fully completed in accordance with the approved schedule.
Article 2, No. 26
. Under the terms of the contract, White assumed full responsibility for the hiring of its employees and for the work to be performed pursuant to the contract. Thus, complete responsibility over the work project was delegated to White. Furthermore, we note that there is nothing in the record to suggest that a request was ever made by White for Horseshoe to terminate the power to the work site and that Horseshoe refused that request. As such, we find that the trial court's grant of summary judgment in favor of Horseshoe was proper.
. THE JUDGMENT OF THE CIRCUIT COURT OF TUNICA COUNTY IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANTS.
KING, C.J., BRIDGES AND LEE, P.JJ., MYERS, CHANDLER, GRIFFIS, BARNES AND ISHEE, JJ., CONCUR.
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