HRS §46-87
Liquidated damages in county utility contracts
This section lets a county or project party include a liquidated damages clause in a contract for utility services, goods, or commodities (like water or electricity). The clause is automatically considered reasonable and enforceable if it is based on the buyer's or project party's share of the project's total costs and operating capacity.
everyone
The statute, as written — Liquidated damages
Any other law to the contrary notwithstanding, a contract for the provision of utility services, goods, or commodities, including water or electrical energy, by a county or by a project party, may provide for the payment of liquidated damages by a purchaser or by the project party; provided that such liquidated damages provision shall be deemed reasonable and shall be enforceable if measured and established by reference to the proportionate relationship of the payments owed by the party subject to the liquidated damages provision to the total costs of the pollution control project, the cost of maintenance, operation, and repair thereof, and to the total operating capacity thereof.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.