Pascal & Ludwig, Inc. v. State Ex Rel. Deparment of Water Resources

Petitioner and appellant appeals from a judgment denying a writ of mandate that would have commanded respondents to offer petitioner the opportunity to arbitrate certain disputed claims that had arisen under a construction contract between appellant’s predecessor and respondent. (Hereinafter appellant and its predecessor, Zurn Engineers, are collectively referred to as Contractor; respondent State of California ex rel. Department of Water Resources is referred to as State; and respondent Ronald B. Robie, as Director of the Department of Water Resources, is referred to as Director.)

Factual and Procedural Background

Preliminarily it should be noted that a review of the history of this protracted litigation, as described in Zurn Engineers v. State of California ex rel. Dept. Water Resources (1977) 69 Cal.App.3d 798 [ 138 Cal.Rptr. 478 ] (rehg. den.), is necessary to a full understanding of the issues here involved.

Pursuant to advertisement for bids under the State Contract Act, a written contract was entered into in 1964 between State and Contractor for the construction of the Grizzly Valley Dam project. State, acting through the Department of Water Resources, prepared…