Kuwait Court of Cassation principle number 475

A subcontractor has a direct action against the employer for what is due to him from the main contractor. The condition therefor. The employer must owe the main contractor a debt arising from the contract for works. - Issuance of a letter of guarantee at the client's request does not create for him a right to its value. The rationale therefor: the bank has not undertaken to pay it to him, but rather to guarantee him within its limits; nor does it represent a right of the client against the beneficiary. The consequence thereof. The client cannot demand it, and his creditors may not attach it in the hands of the bank or the beneficiary, and it does not enter the latter's patrimony unless he personally demands it within the limits of the bank's obligation and its conditions stated in the letter.