Kuwait Court of Cassation principle number 3497

The contractor’s obligation is an obligation to achieve a result: that the building remain sound for ten years after its delivery. Article 692, Civil Code. Breach of this obligation is established merely by proving that this result was not achieved. The condition therefor. The existence of a contract for work for the construction of a fixed building. - A contract for work may be concluded with several contractors, each being bound by the warranty within the limits of that contractor’s specialization. The engineer entrusted with preparing the designs and drawings necessary for erecting the structures is also bound by the warranty. - The papers containing no contract for work between the appellant and the respondent company for building on the plot in dispute, and no allegation of its existence having been made. The challenged judgment’s conclusion that Article 692, Civil Code, does not apply. Correct.