Kuwait Court of Cassation principle number 2287

The provisions established by the legislator governing the contractor’s and engineer’s warranty for the buildings or fixed structures they erect. Their connection with public policy. Effect thereof. It is impermissible to agree 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 the structures and is not a limitation period. - Limitation of the warranty action. Three years beginning to run from discovery of the defect or occurrence of the collapse. - Determining, affirmatively or negatively, the occurrence from which limitation begins. A question of fact for the trial court. Its condition - Incidental warranty action:-