Kuwait Court of Cassation principle number 2625

The subcontractor has a direct action against the employer for what is due to him from the main contractor. Condition therefor. That the employer owes the main contractor a debt arising from the contract for works. - Issuance of a letter of guarantee at the customer's request does not create for him a right to its value. The reason therefor: the bank has not undertaken to pay it to him, but to guarantee him within its limits; nor does it represent a right of the customer against the beneficiary. The implication thereof. The customer cannot claim it, and his creditors may not attach it in the hands of the bank or - 450 - Commercial the beneficiary, and it does not enter the latter's estate unless he personally requests it within the limits of the bank's undertaking and its terms specified in the letter.