Kuwait Court of Cassation principle number 2416

The general rule is that no direct relationship exists between the employer and the subcontractor. The latter may claim from the employer what the employer owes to the principal contractor by an indirect action. Exception. The subcontractor has a direct action against the employer and a preferential right over the sums due to the principal contractor. Its effect. From the date the action is brought, the employer is prohibited from paying the principal contractor. - Transfer of the principal contractor’s right against the employer to the assignee occurs subject to the preferential right prescribed by law for the subcontractor, where the assignment takes place on a date subsequent to the conclusion of the subcontract. - 454 - Civil Procedure