Kuwait Court of Cassation principle number 1186

The defense of non-performance of the contract. Its implication: either contracting party may refrain from fulfilling the obligations imposed on it by the contract, even if due for performance, until the other contracting party performs its reciprocal obligations. The contracting party invoking the defense must not do so in a manner inconsistent with the requirements of good faith and fair dealing. The court of fact may assess this. - An increase or decrease in the costs of the work. Has no effect on the extent of the obligations created by the contract. - The contract is the law of the contracting parties. The implication of this.