This case begins with the relationship between California and Hawaiian Sugar Company (C&H), the purchaser, and Sun Ship, Inc., the contractor for the design and delivery of a vessel to ship raw sugar for C&H from Hawaii to California. Sun Ship went into contract with C&H on November 14, 1979 and agreed upon the delivery of the vessel on June 30, 1981, one and three quarter years, for the agreed upon amount of $20,405,000 . According to Cheeseman (2013) a liquidated damages clause, defined as “damages that parties to a contract agree in advance should be paid if the contract is breached”, was included and called for $17,000 per day for each day that the vessel was not delivered. Additional details from Court of Appeals, 9th Circuit 1986 indicate that C&H went into another agreement with a company by the name of “Halter” for the purchase of "one oceangoing catamaran tug boat" that was, unbeknownst to Sun Ship, supposed to connect with the vessel that Sun Ship was contracted to deliver. Sun completed the vessel, which was…