Kuwait Court of Cassation principle number 3490

The provisions laid down by the legislature governing the warranty of the contractor and engineer for the buildings or fixed structures they erect. Their relation to public policy. The effect thereof. Impermissibility of agreeing to contravene them by exemption from, or limitation of, this warranty. - The engineer's and contractor's warranty. It arises if its cause occurs within ten years from the date of completion of construction. This period is for testing the solidity of structures and is not a limitation period. - Limitation of the warranty action. Three years commencing from the discovery of the defect or occurrence of the collapse. - Ascertaining, affirmatively or negatively, the event from which limitation begins. A matter of fact for the court of merits. Its condition.