Kuwait Court of Cassation principle number 3499

The subcontractor’s workers have the right to bring a direct claim against the principal contractor for amounts due to them from the subcontractor - The condition for this: the principal contractor must owe a debt to the subcontractor. - The challenged judgment’s ruling that the action brought by the appellant against the respondent company was inadmissible because it was brought against a party lacking standing, owing to the absence of an employment relationship between them. Establishment that the respondent company is the principal contractor for the project specified in the subcontract and that it insured its workers and the subcontractor’s workers against occupational injuries. Its effect. The appellant may bring a direct action against it for compensation due to him from the subcontractor for the occupational injury. The challenged judgment’s contravention of this view. Renders it defective. - 689 - Contract for work