John W. Bittner, P.E., GC, CEM
District Manager
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Expert QuestionS & AnswerS
How does investigating moisture intrusion differ from flood damage, and what unique evidence or challenges does each present?
Moisture intrusion could be from a flood, but a flood is a very specific type of occurrence and from an insurance perspective is often not covered unless there is flood insurance. Most moisture intrusions occur from inside the home from a broken pipe or a backed up sewer system or are the result of external damage (e.g. a storm) or some combination of long-term deterioration and poor construction (e.g. a roof leak). Moisture intrusion causes can be simple – or complex.
What diagnostic method or technique do you rely on in construction claims and disputes that non-experts would find surprising?
To be, or not to be a construction defect. That is the question! The most common misunderstanding from the lay person is their belief that new construction is perfect construction. hey often expect that walls and floors are perfectly placed, plumb and level. A lot of the diagnosis revolves around: is it really a defect or deficiency. We use normal and expected tolerances as a guide to define that. Even brand new concrete will have cracks, but they may be OK.
As someone who trains others in your discipline, what’s the most common mistake you see less experienced investigators make in construction dispute?
Moving too fast. It’s important to understand the other party’s perspective first, do the research and respond in a factual way. Some experts are completely reasonable and right about what is defective and it is easy to agree with their factual analysis. Less experienced or unprofessional experts may say a lot, but have insufficient evidence/standards to support their claims, and those are easy to disagree with. We separate those and provide reasonable solutions.
Background
Mr. John Bittner is a graduate of the United States Military Academy at West Point, New York, where he earned a B.S. in Civil Engineering, with an emphasis in structural and geotechnical engineering. He also has an M.S. from Stanford University in Civil Engineering with an emphasis on construction and engineering management and real estate development. He is a licensed civil engineer in California, Colorado, Florida, Idaho, Kansas, Louisiana, Montana, Texas, Wyoming, and Utah and is also a Certified Energy Manager (CEM).
Through a 13-year U.S. Army service, he learned leadership in combat and field construction along with training and project management with the U.S. Army Corps of Engineers. He has direct experience in the design and construction of roads, stormwater drainage and building pads, government office housing, and mission-critical facilities and infrastructure in the U.S., Europe, and global expeditionary environments.
After his Army service, Mr. Bittner worked in commercial and industrial general contracting, owners’ representation, and design and construction management positions, gaining first-hand office and field experience in all facets of the construction process from contract development/negotiation to change order and submittal management. As a development manager in an international construction firm, Mr. Bittner directly oversaw the development and construction of military residential communities in multiple states.
As an environmental manager, he facilitated lead, mold, and asbestos abatement, remediated pesticide-impacted soils, and managed hazardous material protection, handling, and disposal. In his role as a certified energy manager, Mr. Bittner oversaw the development of energy management programs, including the use of renewable energy sources, end-use and smart metering, and measurement and verification protocols.
As a senior consultant with Rimkus, he was responsible for the investigation and evaluation of single- and multi-family residential, commercial, and industrial projects to determine the cause and origin of engineering- and construction-related issues or issues related to ground movement, settlement, moisture intrusion and flooding, storm damage, or other unforeseen events.
Today, Mr. Bittner is the operations manager for the Denver and Salt Lake City offices, where he is responsible for the day-to-day operational engagement and growth of those offices with forensic work on behalf of our clients.
Education and Certifications
- Civil Engineering, M.S.: Stanford University (2002)
- Civil Engineering, B.S.: United States Military Academy (1993)
- Licensed Professional Engineer: California, Colorado, Florida, Idaho, Kansas, Louisiana, Montana, Texas, Utah, and Wyoming
- Commercial General Contractor (A-1)
- Certified Energy Manager: Association of Energy Engineers
- Leadership in Energy and Environment Design Green Associate
- U.S. Army Ranger, Jumpmaster, and Sapper Certifications