Kuwait Court of Cassation principle number 3489

The contractor discovering defects in the work materials supplied by the employer rendering them unsuitable for their intended purpose. Its effect. He must notify the employer thereof, otherwise he is liable for all consequences resulting from his negligence. His liability in this regard is contractual, and the burden of proving his negligence rests on the employer. The contractor may avert his liability by proving that he exercised the care of an ordinary person and 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. - 687 - Contract for work