Kuwait Court of Cassation principle number 3873

The contractor's discovery of defects in the work materials supplied by the employer rendering them unsuitable for their intended purpose. Effect thereof. He must notify the employer thereof; otherwise, he is liable for all consequences resulting from his negligence. His liability in this respect is contractual, and the burden of proving his negligence rests upon the employer. The contractor may avert liability by proving that he exercised the care of an ordinary person, performed all his duties in accordance with proper practice, and that what occurred was due to an extraneous cause in which he had no part.