Kuwait Court of Cassation principle number 1176

A contracting party’s right to refrain from performing his obligation if the other contracting party does not perform what he undertook. A general rule applicable to both parties to a contract for works. - 224 - Obligation - The employer’s defense that the contractor breached his obligation. Consequence. The contractor is not entitled to remuneration. The judgment’s characterization of this defense as a plea of statutory set-off. An error.