In Gibby v. Noranda Minerals Corp, (1995) 273 Mont. 420, 905 P.2d 126, the owner retained the right to "make decisions on all matters relating to the execution and progress of the work", could "stop the work whenever....stoppage may be necessary", could "make changes by altering, adding to or deducting from the work", could "order the removal and re-execution of all work which failed to conform to the agreement.", and could "terminate the work in whole or in part....at any time by written notice". Gibby at 425-26, 128-29. It should also be noted that the defendant in Gibby exercised extensive actual control and authority at the job site. The Supreme Court held that in looking at both the contracts and the defendant's exercise of authority there was a clear indication of "actual control" arising out of a contract. Gibby at 426, 130.