Kuwait Court of Cassation principle number 2869

The debtor's failure to perform its obligation. The creditor may request judicial authorization to perform it at the debtor's expense. The consequence thereof. Where the employer discovers that the contractor is performing its obligation defectively or contrary to the contract, the employer may, after giving it formal notice, request rescission of the contract or permission to entrust another contractor with completing the work at the first contractor's expense, whenever the nature of the work permits this. - A contract for works. It may be agreed therein that the contractor shall bear all financial losses in the event of carrying out any works contrary to the plans or instructions, and that their cost shall be deducted from its account without objection on its part.