Kuwait Court of Cassation principle number 3872

The provisions governing the warranty of the building contractor or the engineer designing it or supervising its execution. Their relation to public policy. The effect thereof. It is impermissible to agree in advance to contravene them by exemption from this warranty or limitation thereof. - The engineer’s liability together with the contractor. Joint and several liability. Its coverage of total or partial collapse or defects in buildings and defects threatening their safety. The employer’s approval thereof is immaterial. - The prescribed period for testing the solidity and durability of structures. Ten years from their completion. Discovery of the defect during or at the end of that period. Its effect. Commencement of the three-year limitation period prescribed for the warranty action. - Determining, affirmatively or negatively, the event from which limitation begins. A factual matter for the court of merits. The condition therefor. An example concerning an action on the engineer’s and contractor’s warranty.