Construction Disputes in Kuwait: An Owner and Contractor Guide

Key Obligations under Construction Contracts

The contractor must carry out the work in accordance with the agreed terms and specifications and within the specified period. Any change to the specifications must have the owner's written approval.

The owner must make payments when due, refrain from obstructing the contractor's work, and facilitate the procedures necessary to carry out the work.

Decennial Liability (Structural Safety Warranty)

The contractor and architect are liable for ten years for any total or partial collapse of the building and any defects that threaten its structural safety. The contractor cannot be exempted from this liability by agreement.

The purpose is to protect public safety in buildings, a well-established legal principle under Kuwaiti law.

Common Construction Disputes

Delays in handover, price changes, defects in finishing work, and failure to make payments are the most common disputes.

Each dispute requires a technical assessment, often by experts, and a legal analysis to establish which party has breached its obligations.

Handling Construction Disputes

Document all stages of construction and all correspondence with the contractor. If a dispute arises, it is advisable to engage a lawyer to take preliminary steps, such as having an expert formally record the condition of the works, before going to court.

Cases involving technical issues require careful management of documents and technical reports to present a strong case before the judge.

Legal Assistance for Your Projects

At Fahad Al Haddad Law Firm, we have experience in drafting and reviewing construction contracts and resolving disputes arising from them. We help you safeguard your rights and ensure the quality of the work.

If you encounter any issue with a construction project, contact us to ensure the best legal protection for you.

Frequently asked questions