Kuwait Court of Cassation principle number 2202

The contractor's discovery of defects in the work materials supplied by the employer rendering them unsuitable for their intended purpose. Its effect. He must notify the employer thereof; otherwise, he is liable for all consequences of his negligence. His liability in this respect is contractual, and the burden of proving his negligence lies upon the employer. The contractor may avert liability by proving that he exercised the care of an ordinary person, duly performed all his duties, and that what occurred was due to an extraneous cause beyond his control.