Kuwait Court of Cassation principle number 1643

The contractor’s obligation is an obligation to achieve a result, namely that the building remains sound for ten years after its delivery. Article 692 of the Civil Code. Breach of this obligation is established merely by proving the failure to achieve that result. The condition therefor. The existence of a works contract for construction of a fixed building. - A works contract may be concluded with several contractors, each being bound by the warranty within the limits of his specialization. The engineer entrusted with preparing the designs and drawings necessary for erecting the structures is likewise bound by the warranty. - 313 - Obligation - The papers contain no works contract between the appellant and the respondent company for building on the disputed plot, and he did not allege its existence. The challenged judgment’s conclusion that the provisions of Article 692 of the Civil Code do not apply. Correct.