Kuwait Court of Cassation principle number 1171

The administrative authority has the power to impose contractual sanctions on the party contracting with it if that party fails to perform its obligations, whether by wholly refraining from performance or by delaying it. The administrative judiciary may exercise review over the administrative authority's exercise of the aforementioned power. This review does not stop at ascertaining the legality of the sanction. In some circumstances it extends to reviewing its appropriateness to the default attributed to the contracting party. - See also: Contract. "Administrative contract" Defense of non-performance and right of retention: