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***FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER*** <br /> pay its lawyers . " According to Appellant, " [i] nterest from the <br /> date of harm is an element of damage and this [c] ourt is <br /> authorized to award prejudgment interest in all civil actions" <br /> under HRS § 636-16 . ' Appellant argues that it must only show <br /> that "there was a delay, for whatever reason, between the date of <br /> injury and the date of payment [ , ] " (citing Tri-S Corp. v. W. <br /> World Ins . Co . , 110 Hawaii 473, 498, 135 P. 3d 82, 107 (2006) ) , <br /> and therefore, it should receive "interest at the rate of 10° <br /> from the date of each invoice [ . ] " <br /> The County counters that " [b] oth HRS § 636-16 and the <br /> ruling in the Tri-S Corp. case are inapplicable in this instant <br /> condemnation case" because "HRS § 636-16 allows prejudgment <br /> interest in civil cases `provided that the earliest commencement <br /> date in cases arising in tort, may be the date when the injury <br /> first occurred and in cases arising by breach of contract, it may <br /> be the date when the breach first occurred. "' Therefore, the <br /> County asserts that, because " [t] his present condemnation case <br /> could not reasonably be considered a tort or contract case [ , ] <br /> prejudgment interest cannot be based on HRS § 636-16. " <br /> HRS § 636-16 (1993) provides that <br /> [i]n awarding interest [on a judgment] in civil cases, the <br /> judge is authorized to designate the commencement date to <br /> conform with the circumstances of each case, provided that <br /> the earliest commencement date in cases arising in tort, may <br /> be the date when the injury first occurred and in cases <br /> arising by breach of contract, it may be the date when the <br /> breach first occurred. <br /> 22 <br />