Titan Group, Inc. v. Sonoma Valley County Sanitation District
Opinion
Opinion
Haning, J.
Titan Group, Inc. (Titan) appeals, under Code of Civil Procedure section 1294, an order denying its petition to compel arbitration with Sonoma Valley County Sanitation District (District) over a disputed construction contract.
Titan, a construction contractor, and District entered into a contract for the construction of waste water treatment facilities. In compliance with Health and Safety Code section 4755, the contract was awarded after competitive bidding. It was drafted by District and awarded to Titan without negotiation of its terms or requirements.
Pursuant to a requirement of the United States Environmental Protection Agency (40 C.F.R., pt. 35, subpt. E, § 35.938-8 and appen. C-2, par. 7), the contract contained a provision stating: “Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other matters in question between the Owner and Contractor arising out of or relating to this agreement or the breach thereof will be decided by arbitration if the parties hereto mutually agree, or in a court of competent jurisdiction within the State in which the owner is located.” (Italics supplied.)