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California & Hawaiian Sugar Co. v. Sun Ship, Inc.
Citation:
794 F.2d 1433 (1986)Facts
California & Hawaiian Sugar Company operated as an agricultural cooperative transporting approximately one million tons of raw sugar annually from Hawaii to its California refinery. When Matson Navigation Company withdrew shipping services effective January 1981, C&H faced an urgent need for vessel capacity during the peak harvest season when seventy percent of the crop is harvested between April and October. Storage capacity in Hawaii could accommodate only one-quarter of the crop, and unharvested or improperly stored sugar suffers sucrose loss and waste. C&H contracted with Sun to build an oceangoing barge for $25,405,000 with delivery on June 30, 1981, and separately contracted with Halter to build a catamaran tug for $20,350,000 with delivery on April 30, 1981. The contracts included liquidated damages provisions of $17,000 per day for Sun’s delay and $10,000 per day for Halter’s delay. Both sophisticated parties negotiated these terms with legal counsel and managerial representatives. Sun’s chief negotiator testified he had “a vision” of a “mountain of sugar piling up in Hawaii” when negotiating the damage clause. Halter delivered the tug on July 15, 1982, and Sun delivered the barge on March 16, 1982. The vessels were finally connected in mid-July 1982. C&H found alternative shipping and did not suffer the catastrophic crop losses anticipated.
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