Kuwait Court of Cassation principle number 620

Clarity of the contractual wording in indicating what the contracting parties intended. Its effect. It requires no interpretation. The judge must adopt its apparent meaning without departing from it. Reason therefor. - Delay penalties in administrative contracts are prescribed as a guarantee of performance of these contracts within the agreed time limits. The administrative authority may impose them on its own initiative without being obliged to prove that damage has occurred. Its collection of these penalties is subject to its discretion. Reason therefor: it may assess the circumstances surrounding performance of the contract and the circumstances of the contracting party. Effect thereof. Example. - What does not constitute an administrative contract:-