CE/CM 4304 & CE/CM 5378 Design Project, FALL 2021
1 of 3
(The names, project and issues presented in this assignment are not related to any real individuals, companies or projects.)
REVISED, #2: 9/13/21
Parties: Owner Shinbone Commons, LLP (SCL)
Partner A – Tom Donifin, Inc. (DPI)
Partner B – Dutton Peabody, LP (DPL)
Retail Operator – Liberty Valance, LLC (LVL)
Architect – Picketwire Architects, Inc. (PAI)
Contractor – Buck Langhorn, Inc. (BLI)
Project: Seven Story Apartment Building, 192 Units
Concrete Frame, Brick & Glass Exterior, Retail on Ground Level, Two
Levels of Underground Parking
Shinbone, Texas
Design & Construction Issues
Partners A and B entered into a limited liability partnership (LLP) for developing a seven story
apartment building in Shinbone, Texas. Partner B has a construction division that contracted
with the LLP to design and construct the apartment building with one level of retail on the
ground floor. Buck Langhorn, Inc. (BLI) hired and directed Picketwire Architects, Inc. (PAI) in
providing architectural, structural and MEP design services: a Design-Build delivery method.
Shinbone Commons, LLP contracted with BLI using an AIA Document A141, Standard Form
of Agreement Between Owner and Design-Builder, with the AIA Document A201, General
Conditions of the Contract for Construction, as part of the contract documents.
In the LLP agreement, Partner A agreed to purchase the first floor Retail component of the
project from partner Bs construction division, BLI, for the predetermined amount of
$10,000,000.00. BLI guaranteed the completion date and cost of $45,000,000 for the project to
the LLP entity. As the project progressed, Partner A met with PAI and their consultants,
directing them to make various changes without DPLs representatives being present. PAI
proceeded with Partner As revisions and issued the revised plans to BLI. Partner B and BLI
were very surprised by Partner As actions without their input, but in the spirit of cooperation
proceeded with the work. BLI received estimates from the subcontractors, totaling more than
$4,000,000, and submitted the price for the revisions to the partners. Partner A was not happy
with the pricing and pushed for BLI to absorb any extra costs using BLIs contingency. The
partners and BLI worked out the issues and work continued. Several other issues surfaced, such
