Harold E. Buddemeyer, Jr.
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Harold E. Buddemeyer, Jr. |
BACKGROUND SUMMARY
Mr. Buddemeyer, a Senior Principal for Long International, has over
37 years of experience in all aspects of program and construction project
management and construction disputes. His experience includes project
cost/schedule control, systems and procedures development and
implementation, program planning, as well as capital and operating cost
estimating and economic analysis during the design, construction, and
start-up phases of a diverse cross section of projects. Mr. Buddemeyer has
25 years of construction contract disputes consulting experience. In this
regard, he has been responsible for the organization, development and
maintenance of document databases; assistance to counsel for and during
discovery, depositions and interrogatory preparation; entitlement and issue
analysis; change order analysis; labor productivity analysis; cost and
damages analysis; schedule delay and impact analysis; claim report
preparation and rebuttal; negotiation and mediation assistance and
participation; and expert testimony.
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EDUCATION
Professional degree program, majored in applied mathematics and operations
research,
minored in Chemical and Petroleum Refining Engineering, Colorado School of Mines
(1965-1970)
PROFESSIONAL
AFFILIATIONS
Association for the Advancement of Cost Engineering International
TECHNICAL
EXPERIENCE
Representative U.S. and international technical experience includes:
Construction claims preparation, analysis, defense, and negotiation of settlements.
Identification and systematic evaluation of major engineering and construction problems and their cause/effect relationship on cost overruns, and schedule delays and acceleration.
Direct and indirect damages assessments.
Management performance assessments.
Deposition and expert witness testimony.
CPM schedule analyses of the impacts of delays, disruption, acceleration and loss of labor productivity.
Contract/entitlement analysis.
Management of construction project control procedures, data acquisition for projects, and the organization, analysis, and reporting of project cost, schedule, procurement and resource utilization information.
Oversight and preparation of construction project order-of-magnitude, factored, and detailed capital and operations cost estimates.
Oversight and preparation of construction project cash flow, return on investment, and interest calculations; economic analyses, risk and sensitivity analyses, range estimating, and contingency/management reserve calculations.
PROJECT EXPERIENCE
Mr. Buddemeyer’s claims and project management experience includes the successful completion of engagements for transit agencies, universities, private sector owners, sureties, financial institutions, law firms, architectural firms and contractors. Representative projects include the following:
Petroleum Refining, Petrochemical, and Industrial Plants
Project Executive for the evaluation of fire damage rebuild costs and schedule on a tar sands oil upgrading facility in Canada relative to a $1 billion property damage and business interruption lawsuit. The rebuild included expedited demolition, safing, scope definition, procurement, construction, startup, and commissioning of a fire damaged coker and other facilities. Mr. Buddemeyer was retained by the defendant to analyze claims brought by the plant operator. His work focused on the review of claims and damages alleged by the plaintiff as well as an independent assessment of the compensability of incurred costs. Mr. Buddemeyer’s activities included incurred cost analysis, estimates of noncompensable costs for delays, improvements and execution errors, schedule delay/impact analysis, deposition support, preparation of expert reports, mediation presentations, and litigation support.
Lead damages expert on behalf of the Owner on a $140 million claim involving the design and construction of an $800 million three-train gas processing plant, infrastructure, pipelines, and temporary facilities in Algeria. Issues involved a site relocation that allegedly resulted in increased quantities, subcontract labor man-hours and costs, engineering and construction management man-hours and costs, and associated delay, productivity loss, and other costs. Mr. Buddemeyer testified in Paris, France in January 2007 as the damages expert in ICC arbitration.
Lead damages expert on behalf of the property damages insurance carrier on the analysis of costs incurred by the Owner to expedite the $340 million completion of the reconstruction of part of an oil refinery in Alberta, Canada following a fire. The rebuild included expedited demolition, safing, scope definition, procurement, construction, startup, and commissioning of a fractionator and other units in an operating facility. The analysis included an assessment of estimated costs, and incurred total and expediting costs associated with procurement of equipment and materials, overtime costs for working multiple shifts and longer hours, and loss of productivity as a result of a compressed schedule, trade stacking, winter work and overtime. Mr. Buddemeyer also analyzed the trade-offs of increased time-related costs that would have been incurred had the work not been expedited compared to the increased costs as a result of a fast track schedule. The results of various cost/schedule scenarios were evaluated using Monte-Carlo calculations to derive a probabilistic determination of the range of costs as a function of the variables involved in the analyses. Mr. Buddemeyer’s analyses contributed to a successful settlement between the insurance carrier and the Owner.
Project Executive on a multimillion dollar dispute engagement for a major U.S. oil company. The claims were brought by a large engineering and construction firm for cost overruns and delays associated with the lump sum construction of hydrocarbon production and process modules for the Kuparuk project on the north slope of Alaska. Work consisted of preparation of an independent causation analysis, damage estimates, schedule delay analyses, evaluation of contractor’s claim, preparation of demonstrative exhibits, and participation in settlement negotiations.
Analysis of a Canadian contractor’s $25 million delay and disruption claim against the owner of a Caribbean refinery. The venue was international arbitration under Uncitral arbitration rules. The contractor’s scope of work involved the construction of a new visbreaker unit, modernization of instrumentation facilities, and a revamp of a fluid catalytic cracker oil upgrading process unit. Responsible for the assessment of alleged disruption impacts resulting from change orders and other impacts to the contractor’s labor productivity.
On behalf of the Owner, performed an analysis of cost overrun claims resulting from mismanagement, delays, and rework by an EPC contractor on an offshore oil and gas production SPAR installed in the Gulf of Mexico. The claims pertained to fabrication of the soft tank/truss in Texas, fabrication of the hard tank in Finland, the costs of transportation rigging and preparations, and excess home office engineering and project management costs.• Project Manager on a $4 million dispute involving the grass-roots construction of a CO2 recovery and processing plant in Texas. Prepared an independent damage and schedule analysis for a major oil company in order to defend against a contractor’s claim for cost overruns on the lump sum contract.
Lead damages expert on the analysis of change order, delay, and disruption claims involving a Gasoline Optimisation Project in a Caribbean refinery.
Advisor to a major engineering and construction firm on a $20 million dispute pertaining to the design and construction of a large gas processing plant in California. Provided guidance relative to claim preparation for cost overruns and schedule delays.
Lead analyst for the analysis of a South African contractor’s multi-million dollar delay and disruption claim against a major U.S. oil company for construction of two offshore oil production platforms off the coast of Angola, Africa. Work for the owner entailed an independent assessment of estimated and incurred costs, a schedule analysis of alleged construction and transportation delays, entitlement analysis, a site visit to review construction and interconnect status and quality, and the preparation of affirmative claims against the contractor.
Task Manager for incurred and estimated cost analysis work on a large petrochemical plant property damage/business interruption damage engagement. Work included assistance to the plant operator/owner with respect to the evaluation of plant rebuild costs and schedule duration for the purpose of quantifying damage compensability. Managed the preparation of risk and sensitivity analyses of rebuild costs to determine the potential range of cost recovery.
Lead cost analyst with respect to the evaluation of the reasonableness of several contractor prepared multi-million dollar cost estimates for the design and construction of an LNG multi-train debottlenecking project. The analysis, which was performed for the owner, focused on estimated cost growth in several categories of cost, and in particular, the scope and cost of long-lead fabricated materials, labor and indirect costs.
Lead analyst regarding schedule delay and cost overrun issues on a NGL processing project involving construction of central process and satellite facilities in Wyoming. The analysis work was performed on behalf of the owner to identify the magnitude and compensability of potential affirmative claims against the prime contractor.
Retained by a major US oil company to evaluate the status, record keeping, schedules and costs relative to the design and construction of hulls and topsides for two oil and gas processing offshore platforms being constructed in Korea. The evaluation focused on the analysis of cost overruns, schedule delays, and entitlement, and an assessment of the potential for claims from the prime contractor.
Lead cost analyst on a team retained by an owner to assess cost overrun and schedule delay issues for construction of process units and ancillary facilities comprising a multi-million dollar petrochemical plant project. The analysis focused on the magnitude and compensability of the contractor’s alleged cost overruns, and the quantification of the owner’s affirmative claims for discrete items and liquidated damages.
Damages expert for an owner regarding the cost reimbursable construction of a large NGL separation, processing and storage facility in Illinois. Damages analysis focused on the reasonableness and causation of significant construction and startup cost overruns related to work performed by the prime contractor’s electrical sub-contractor.
Project Manager for the development and evaluation of alternatives for the modification of a large wastewater treatment plant. The work focused on the identification and evaluation of project risks and cost/schedule impacts associated with each of several design/construction alternatives.
Power Plant Projects
Project Manager on a $500 million nuclear power plant litigation in Michigan. Responsible for team efforts in document research and database management, litigation and deposition support, technical problem/entitlement analyses, and cost, schedule, and labor productivity analyses. The cost analysis focused on the detailed evaluation of base estimate, change order, actual, trend and forecast costs and man-hours for all construction disciplines. The cost analysis involved cause-affect analyses of cost and man-hour growth, labor productivity analyses, quantity growth analyses, and evaluations regarding the consistency or lack thereof between estimated and forecast man-hours, various production and construction factors, and the project schedule durations, logic, and the mechanical completion date.
Task Manager on a large nuclear power plant prudency audit in Arizona. Managed the evaluation of the justification and causes for scope and cost growth as well as the origin, composition and reasonableness of $1.3 billion of start-up and commissioning cost overruns. The causation analysis considered many issues such as scope changes, labor inefficiency, estimate errors, performance problems, delay and standby impacts, escalation, and mismanagement for all of the major components of the plant start-up and commissioning plan and work breakdown structure.
Lead damages expert for the Federal Government on a major nuclear power plant litigation involving the investigation of damages resulting from alleged antitrust and racketeering activities by several major electrical contractors. Work included database research, discovery and deposition support, issues research, and incurred cost, schedule, productivity, and estimate analyses. Analysis emphasized the evaluation of both estimated and actual electrical commodity quantities, material unit costs, labor unit productivity rates, labor rates and extensions, and global estimate basis assumptions, adjustments, conditioning and productivity factor considerations. The cost evaluations also comprised numerous comparative analyses of project information against industry standards and other nuclear power plants.
Damages expert retained by a nuclear reactor vendor to analyze and defend against claims alleged against the vendor by a nuclear power plant owner. The damage analysis focused on the evaluation of the basis for, and reasonableness of, numerous large claims for direct and time related damages resulting from alleged scope growth, labor inefficiencies, and schedule delays attributed by the owner to NSSS design and operational defects. The damage analysis comprised detailed evaluations of estimated and incurred time-related costs and the costs for all construction disciplines such as civil, structural, equipment, piping, electrical and instrumentation. Cause and affect analysis, WBS cost matrix analysis, and schedule analysis techniques were employed to evaluate and refute the alleged damages. Some of the alleged damages were found to be attributable to estimate errors and performance problems for which the owner was responsible, and remaining damages were found to be largely unsubstantiated or very excessive.
Lead damages consultant for the preparation of a multi-million dollar claim for a large mechanical contractor on a coal-fired power plant retrofit project in Tennessee.
Analysis of an EPC contractor’s $35 million damages claim involving the design and construction of two heat recovery steam generators in Illinois. Issues involved delay, loss of productivity, and constructability of the HRSGs. Prepared an assessment of the contractor’s cost and man-hour records and the corresponding damages calculations in support of its claim.
Testifying damages expert on behalf of a HRSG manufacturer on a gas-fired power plant project. Analysis work and testimony related to the independent analysis and rebuttal of significant cost overruns alleged by the prime contractor for schedule delays and changes.
Transportation Projects
Claim consultant retained by the Denver RTD to defend against claims brought by the contractor on the 19th and 20th Streets HOV Project. Analyzed and rebutted plaintiff’s claim, prepared alternative quantum calculations, prepared an expert report, assisted in discovery and deposition preparation, and provided expert testimony during arbitration proceedings.
Project Management Oversight Evaluator for the LB-LA Light Rail Transit Project in Los Angeles. Worked on the review, definition, creation and implementation of project control policies, procedures, systems, methods, reporting, data acquisition and organizational interfaces.
Lead Estimator for a $380 million cost estimate of underground construction costs of a rapid transit subway system for a major western U.S. transportation district.
Heavy Civil and Mining Projects
Lead damages consultant for the preparation of a $30 million claim for an international construction company on a heavy civil construction project in Nevada.
Principal consultant retained by an architectural design firm to defend against claims brought by a contractor for cost overruns and delays on a water distribution pipeline project.
Project Manager for CPM schedule development and control on a U.S. Department of Energy nuclear waste storage facility construction project for an international heavy civil contractor.
Project Manager for an audit of the reclamation procedures and costs of a western coal producer/supplier for a major central U.S. power company.
Commercial and Institutional Projects
Project Executive on a $45 million dispute involving the construction of two hospitals in Kuwait. Retained by the claimant, an Italian construction firm, to develop damages and a delay analysis.
Lead damages consultant for the preparation of a claim on behalf of a local contractor for delays, impacts, and cost overruns experienced during construction of a multiunit apartment complex.
Testifying expert for a mechanical subcontractor on a Postal Service automated mail handling system. Testimony and analysis comprised the independent analysis and defense of claims alleged by the prime contractor against the subcontractor, and preparation of subcontractor claims against the prime for delays and scope changes. Work included a retrospective schedule delay analysis, quantification and causation of cost growth, a scope change analysis, preparation of an expert report, and expert testimony.
Testifying expert on behalf of the architect and project manager concerning the design and construction of three fire stations in Nevada. The engagement comprised the analysis and rebuttal of prime contractor claims, and the quantification of affirmative claims for the project manager against the prime contractor. Services included the analysis of costs, damage calculations and causation, a delay analysis, preparation of an expert report, and testimony.
PROFESSIONAL EXPERIENCE
Long
International, Inc.
Littleton, Colorado (April 1997 to Present)
As a Senior Principal, Mr. Buddemeyer provides specialized construction disputes and project management services on oil refinery, petrochemical, oil production, mining and mineral processing, power and cogeneration, and industrial process plant projects. Mr. Buddemeyer’s extensive experience in damages analysis, change order management, delay and disruption analysis, and cost and schedule control provides owner and contractor clients with the skills to successfully analyze and resolve major construction disputes.
Harold
E. Buddemeyer
Littleton, Colorado (May 1994 to March 1997)
As an independent consultant. Mr. Buddemeyer provided claims analysis consulting on a variety of major construction projects.
Kellogg
Corporation and Peterson Consulting LLC
Littleton, Colorado (March 1983 to April 1994)
Responsible for the process, petrochemical and power industries, Mr. Buddemeyer prepared claims for contractors and analyzed claims in defense of owner’s positions on numerous U.S. and international engineering and construction projects. His responsibilities included training, work product development, work product quality oversight, and client liaison. He was chairman of the Project Control Services Users Group and Cost Estimating Group, and consultant for the CPM Scheduling Group. He was an instructor for seminars on CPM scheduling, schedule delay analysis, damage analysis, project management, project controls, and contract administration. Notable examples of organizations for which he has presented one- to three-day seminars include Tennessee Valley Authority, U.S. Department of Energy, Atlantic Richfield Corporation, and City and County of Denver – Stapleton Airport. He was guest lecturer on CPM scheduling and schedule delay analysis at the University of Colorado School of Engineering, and has been a lecturer on construction project controls and claims for Colorado Bar Association accredited courses for lawyers and construction professionals.
Tosco
Corporation
Aurora, Colorado (May 1980 to February 1983)
Mr. Buddemeyer was Manager of Project Controls for the oil shale division with general responsibility for management and supervision of all division project planning, control and estimating activities. He directed development of project specific control and reporting procedures for the $6 billion Colony Oil Shale Project and the $1.5 billion Sand Wash Oil Shale Project. He coordinated acquisition, analysis and reporting of project control data from joint venture partners and Tosco liaison personnel for the Colony Oil Shale Project and coordinated development of division capital cost estimating guidelines and procedures and project cost/schedule control procedures. Mr. Buddemeyer managed the planning, estimating, scheduling and control of all division projects including the Colony and Sand Wash Oil Shale Projects. In this role, he managed and coordinated major E&C contractors in the preparation of a capital cost estimate in excess of $1 billion for a single-train shale oil project and a $4 billion capital cost estimate for a 6-train shale oil project. He also had lead responsibility for the selection, acquisition and implementation of an integrated cost/schedule control system. Mr. Buddemeyer also served as a consultant to Exxon’s senior project control team on matters pertaining to the management and control of the Colony Shale Oil Project. Team activities focused on the review and evaluation of the adequacy and accuracy of project control activities and capital cost estimates performed/prepared by Exxon Research and Engineering and various contractors for Exxon, U.S.A.
Harrison
Western Corp.
Lakewood, Colorado (March 1971 to April 1980)
Mr. Buddemeyer was Manager of Cost, Scheduling and Planning, responsible for the application of all construction management information systems and procedures. He administered project control procedures, data acquisition of all projects, and the preparation and analysis of project cost, schedule, cash flow, procurement and resource utilization reports. He was responsible for the design, development and implementation of the company’s first integrated cost/schedule control system, as well as the development and application of corporate long-range planning, forecasting and economic analysis capabilities. Mr. Buddemeyer had lead responsibility for special activities in corporate budget control, bidding strategy, linear programming, Monte Carlo cost simulations, and contract claims analysis. He conducted corporate seminars on proof of claims, project documentation, and the application of project control techniques to heavy construction.
As a Data Processing Manager, Mr. Buddemeyer was responsible for operations, programming and systems analysis, and liaison with various corporate users groups. He was a Senior Estimator responsible for the preparation of heavy civil construction cost estimates for competitively bid projects. He managed the development of a corporate competitive bidding and marketing strategy and assumed lead responsibility for project risk/sensitivity analysis. He also managed the development of a computerized estimating capability.
Mr. Buddemeyer served as a Cost/Schedule Engineer responsible for cost and scheduling data acquisition, analysis and reporting for all active construction projects. He was also a Field Construction Engineer on the Henderson Number 2 project for Amax, Inc. where he provided construction engineering, surveying, productivity, and cost and scheduling evaluations during the shaft sinking and mine development phase of the project.
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Revised: April 28, 2008