Kuwait Court of Cassation principle number 2857

The subcontractor has a direct action against the employer for what is due to the subcontractor from the principal contractor. Condition thereof. That the employer owe a debt to the principal contractor arising from the works contract. - Issuance of a letter of guarantee at the customer’s request does not create a right for the customer to its value. Reason therefor: the bank did not undertake to pay it to the customer but to guarantee the customer within its limits, and it does not represent a right of the customer against the beneficiary. Implication thereof. The customer cannot claim it, the customer’s creditors may not attach it in the hands of the bank or the beneficiary, and it does not enter the latter’s patrimony unless the latter personally demands it within the limits of the bank’s obligation and its conditions set out in the letter.