Kuwait Court of Cassation principle number 2868

Performance of a works contract. Where the contractor performs the work defectively or contrary to the contract, the employer may, after serving notice on the contractor, request rescission of the contract or authorization to engage another contractor to perform it at the first contractor's expense. The condition for this. Articles 288, 666, 667/1, Civil Code. - Judicial authorization to engage another contractor to perform the work. Its condition. The employer's desire for specific performance of the obligation. There is no place for that authorization where performance is by way of compensation.