Kuwait Court of Cassation principle number 2854

The contractor may entrust performance of the work in its entirety or in part to a subcontractor if a term in the contract does not prohibit him from doing so or the nature of the work is such that the contractor's identity is a material consideration. - Subcontracting does not affect the original contractor's obligations toward the employer. - The contractor's liability for a latent or apparent defect. Its nature. - Contracts for constructing, altering, repairing and demolishing immovable property. Are considered commercial acts.