Kuwait Court of Cassation principle number 2288

Clarity of the contractual wording in indicating the intention of the contracting parties. Its effect. It requires no interpretation. The judge must adopt its apparent meaning without departing from it. The reason therefor. - 424 - Obligation - Delay penalties in administrative contracts are prescribed to ensure performance of these contracts within the agreed time limits. The administrative authority may impose them on its own initiative without being required to prove that damage occurred. Its collection of these penalties is subject to its discretion. The reason therefor: it has the power to assess the circumstances surrounding performance of the contract and the contracting party’s circumstances. The effect thereof. An example.