The guarantee of the contractor and the engineer in the contracting contract is that the constructed building will remain sound and durable for a period of ten years from the time of completion of the building or construction, according to the text of Article 692 of the Kuwaiti Civil Code.

Article 692 of the Kuwaiti Civil Code, which governs the guarantee of the contractor and engineer in the contracting contract

1 – The contractor and the engineer shall guarantee the total or partial demolition or defect in the buildings they have built or fixed facilities erected within ten years from the time of completion of the building or construction, taking into account the provisions of the following articles.

2- However, if it is proven that the contracting parties intended the buildings or facilities to remain for a period of less than ten years, the guarantee shall be for the period during which they were intended to remain.

3- The guarantee includes the demolition, even if it was caused by a defect in the land itself, or if the employer has authorized the construction of the defective buildings or installations. It also includes defects that appear in the buildings and installations that threaten their durability and safety.

The guarantee of the contractor and engineer in the contracting contract from the reality of the judiciary of the Kuwaiti Court of Cassation

The ruling of the Kuwaiti Court of Cassation No. 230 of 1993 on 4/10/1994 of the Commercial Department dealt with the guarantee of the contractor and the engineer in the contracting contract, as it stated:

Principle:

The stipulation in Article 692 of the Civil Code that the contractor and the engineer shall guarantee the total or partial demolition or defect that occurs in the buildings they have built or fixed facilities erected within ten years from the completion of the construction or construction… The warranty includes the demolition, even if it is caused by a defect in the land. itself, or if the employer has authorized the construction of defective buildings or facilities, and it also includes defects that appear in the buildings and facilities that threaten their durability and safety, which means that the contractor’s obligation is an obligation with the result that the building he built remains sound and solid for ten years after its delivery, and then the breach of this is proven Obligation as soon as it is proven that that result has not been achieved without the need to prove something wrong.

And that the contractor’s guarantee for the fixed buildings or installations he erects and what is stated in the explanatory memorandum of the civil law includes what appears in them from defects that threaten their durability and safety, whether the defect is in the materials used or in the origins of workmanship or in the land on which the construction was built or under it as if the land It is fragile, and the procedures required by the principles of workmanship have not been taken to straighten it or deepen its foundation.

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