The contracting sector is one of the most important sectors that countries rely on to implement construction projects through contracting companies. With its technical expertise, labor and capital, it implements building, construction, infrastructure and energy projects. The contracting contract governs the relationship between the employer and the contractor, and defines the contractor’s obligations and obligations. That rests with the employer.
It is a contract whereby one of the parties is obligated to perform work for the other party in return for a consideration, without being subordinate to it or acting on its behalf.
Contractor’s obligations in the contract
Completion of the work in accordance with the terms of the contract
The contractor is obligated to complete the work in accordance with the conditions stipulated in the contracting contract and within the agreed period, and in the event that the conditions are not met, he is obligated to complete the work in accordance with the accepted principles and within a reasonable period required by the nature of the work.
If it appears during the course of the work that the contractor is implementing it in a defective manner or in violation of the contract, the employer may warn the contractor to correct the method of implementing the contract within a specified period, and in the event that this period expires without the contractor returning to the correct or agreed method, the employer To request termination of the contract or permission for it from the judge to entrust another contractor to complete the work at the expense of the first contractor.
This is what was decided by the Kuwaiti Court of Cassation in Appeal No. 193 of 2006 on 17/3/2008 of the Civil Department that the employer, if it appears to him that the contractor has implemented his obligation in a defective or in violation of the contract, may request, after being warned, the contract to be rescinded, or permission to be entrusted to another contractor By renting the work at the expense of the first contractor, whenever the nature of the work permits, and the contracting contract may agree that the contractor will bear all financial losses in the event of carrying out any works in violation of plans or instructions, and its cost will be deducted from his account without objection from him.
Provide labor and tools
The contractor is obligated to provide the labor, tools and equipment he needs to implement the contracting contract at his expense, unless the agreement or custom of the craft requires otherwise.
Conformity of raw materials to the agreed specifications and warranty of defects contained therein
In the event of his obligation to provide all or some of the work materials, the contractor shall conform to the agreed specifications, and the contractor shall also guarantee the defects contained in these materials that cannot be detected upon delivery of the work, in accordance with the provisions of the defect guarantee in the thing sold.
Maintaining work materials
In the event that work materials are provided by the employer, the contractor is obligated to take care of the ordinary person in maintaining them, and to take into account the technical principles in their use, and to return to the employer the remainder of them. Work with compensation.
Notify the employer of the factors that hinder the implementation of the work
The contractor must notify the employer if defects appear in the materials provided by the employer during the execution of the work, or other factors that may hinder the implementation of the work, and if the contractor neglects in the notification, he will be responsible for the consequences of his negligence.
In this regard, the Commercial Chamber of the Kuwaiti Court of Cassation ruled in its ruling No. 593 of 2001 dated 06/16/2002 that if the work materials were provided by the employer, and the contractor discovered defects in them during his work that were not suitable for the intended purpose, then he must notify the employer of that Immediately, otherwise he will be responsible for all the consequences of his negligence and the responsibility of the contractor in this regard is a contractual liability. The burden of proving the contractor’s negligence or failure to exercise the care of the ordinary person or caused by lack of technical sufficiency in making the materials or some of them unfit for use falls on the employer, The contractor, on his part, has the right to avert responsibility for himself by proving that he exercised the care of an ordinary person, and that he performed all his duties according to the principles of art, or that the damage, loss, or destruction was due to a foreigner beyond his control, so his responsibility will rise.
Repair defects in work
The contractor shall be obligated to repair defects in the work within a reasonable time, or the employer shall have the right to request a reduction in consideration in proportion to the importance of the defect.
Warranty and contractor responsibility for implementation
The contractor’s obligation is a commitment to a result, which is that the building he built remains sound and solid for a period of ten years from the time of completion of construction or construction, and then the breach of this obligation is proven once it is proven that that result has not been achieved without the need to prove something wrong, and that the contractor’s guarantee of the buildings or fixed facilities he builds It includes the defects that appear in it that threaten its durability and safety, whether the defect is in the materials used or in the workmanship.
The contractor shall only be responsible for defects that occur in implementation without defects that arise from error in designing, unless these defects are apparent, in the event that the engineer and contractor are not jointly responsible for any defect in the work. Nevertheless, he shall be liable for defects that are due to the design if the engineer who developed the design is affiliated with him, and every condition stipulating the exemption of the contractor from the warranty shall be null and void.
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