The firm is proud to hold a diverse portfolio of clients, from start-ups to global enterprises. Data protection and privacy is an area of special attention for the firm, considering the expansion and revamping of applicable laws and regulations across the GCC. In Kuwait, standard contracts are commonly used eg, FIDIC, NEC3 among contractors and employers to facilitate the drafting phase, and to ensure that all parties are following the standard practice for the region as well as globally, with the understanding that one of the parties is usually a foreign entity.
Publicly known forms that are often used include the following:. It is critical to note that, while standard contracts are commonly used, Kuwaiti law may differ in the interpretation and enforcement of standard contractual provisions. The companies and institutions typically involved as employers in construction projects are either wholly or partly state-owned entities or private entities such as commercial and leisure real estate developers, and project companies that are set up for a specific mega-project collaborating with the government that holds a minority share in the project company.
Employers for construction projects in Kuwait typically include oil and gas, power and water companies. Often, employers have a right to issue changes to the works, and contractors often become contractually obligated to proceed with such changes.
In such cases, of course, contractors are entitled to a variation in their compensation and schedule to account for the changes made by the employer. The main contractors in Kuwait usually include a mix of local and foreign construction companies. However, foreign construction companies are expected to play a greater or more direct role within construction projects in Kuwait.
Under the previous legislation, foreign companies were not able to establish a branch in Kuwait or engage in business activities in Kuwait unless this was through a Kuwaiti agent. Also, in the absence of an exemption from the relevant authority, generally only Kuwaiti individuals or companies were able to submit bids for tenders or contracting.
