Kuwait Court of Cassation principle number 2863

The contractor’s obligation is an obligation to achieve a result, namely that the building remain sound for ten years after its delivery. Article 692 of the Civil Code. Breach of this obligation is established merely by proving that this result was not achieved. Condition therefor. The existence of a contract for work to construct a fixed building. - A contract for work may be concluded with several contractors, each being bound by the warranty within the limits of his specialty. The engineer entrusted with preparing the designs and drawings necessary for erecting the structures is likewise bound by the warranty. - The case papers contain no contract for work between the appellant and the respondent company for construction on the plot in dispute, nor did he allege its existence. The challenged judgment’s conclusion that the provisions of Article 692 of the Civil Code do not apply. Correct.