Kuwait Court of Cassation principle number 2629

The subcontractor’s workers have a right of direct action against the principal contractor for amounts due to them from the subcontractor. The condition thereof: the principal contractor must owe a debt to the subcontractor. - The challenged judgment’s ruling admitting the action brought by the appellant against the respondent company on the ground that it was brought against a party lacking capacity to be sued, 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 the compensation due to him from the subcontractor for the occupational injury. The challenged judgment’s departure from this view. Defective. - 451 - Commercial - Contract of Carriage:-