Peer review is an increasingly important aspect of the design industry. Examples of expensive and potentially disastrous fails like San Francisco's sinking Millennium Tower highlight the need for stricter peer review in design. This process involves a qualified professional evaluating another designer's work to identify potential flaws and improve the project overall. While peer reviews offer significant benefits, there are also challenges to consider.
A preventive measure, not a guarantee
Third-party peer review, whether initiated by the owner or required by regulation, acts as a safety net to prevent design flaws that could endanger lives, necessitate costly repairs, or raise liability concerns. Professional liability insurers favor this proactive approach because it minimizes errors. However, issues and potential litigation can still arise even with peer review.
Resolving disputes becomes more intricate as the issues go beyond the standard-of-care question for the original designer. Clear contracts outlining the scope of the review and the process for resolving disagreements between reviewer and designer are crucial to managing these complexities.
Peer review opportunities
Peer review offers a wealth of benefits for design professionals and project stakeholders:
- Improved design quality: A fresh perspective can identify potential problems early, leading to a more robust and efficient design.
- Reduced risk of errors and omissions: Early detection of flaws minimizes the risk of costly rework later in the project.
- Enhanced communication: Done correctly, the process fosters communication and collaboration between members of the design team, leading to a more cohesive project.
- Professional development: Both the reviewer and the reviewed designer gain valuable insights and learning opportunities.
Industry trends and dynamics
Peer reviews are rapidly gaining traction in the design industry, even becoming mandatory for certain projects.
Here’s why:
- Heightened standards: Professional organizations like the American Institute of Architects (AIA) and the American Society of Civil Engineers (ASCE) are placing greater emphasis on peer review through their standards and recommendations. This reflects a growing industry-wide focus on design quality and safety.
- Shifting client expectations: Clients are more aware of the value of peer review and may request it even when not mandated. This mitigates risks and helps ensure project success.
- Evolving design practices: As designs become more complex, independent scrutiny becomes more valuable. Peer review offers a helpful check and balance.
Standard of care for reviewers
The standard of care for a peer reviewer is crucial. Design professionals expect expertise and diligence from a reviewer to ensure a thorough and objective evaluation. Expectations can include:
- Similar qualifications: Reviewers possessing qualifications at least equal to the designer of record is important. This ensures the reviewer has the necessary knowledge and experience to understand the complexities of the design and identify potential shortcomings.
- Level of care: The reviewer needs to perform the review with the same level of care a similarly qualified professional would. This translates to a conscientious and meticulous examination, adhering to industry practices and relevant regulations.
- Focus on general conformance: The reviewer is not expected to find every single error, but rather identify material flaws or areas that deviate significantly from established standards.
- Identifying issues vs. providing solutions: While some argue for providing recommendations, others lean towards highlighting issues. The ultimate responsibility for design decisions and solutions remains with the architect or engineer of record.
Danger with a stranger
While collaboration is key, there are potential challenges when working with an unfamiliar reviewer.
- Confidentiality concerns: Sensitive design information needs to be protected. Clear communication regarding confidentiality expectations is crucial.
- Communication breakdown: Different design philosophies or communication styles can lead to misunderstandings. Establish a clear communication protocol beforehand to help prevent issues.
Meeting a standard of care does not equate to a guarantee. Peer review can miss errors, especially if the reviewer is not explicitly tasked with examining a specific aspect of the design. While there are liability limitations protecting peer reviewers from being solely responsible for errors unless due to sole negligence, the designer of record maintains ultimate control and responsibility.
Ultimately, the legal responsibility depends on the specifics of each case. Factors like the reviewer's assigned tasks, the cause of the failure, and any contracts between involved parties would all influence who is ultimately held liable.
Liability can be influenced by contractual agreements between involved parties. Carefully crafted contracts outlining the scope of work, responsibilities, and liability limitations for both designers and reviewers can be crucial in mitigating risk.
Managing the peer review process
Effective management ensures a successful peer review process. Key considerations:
- Scope of review: Clearly define the design aspects for review to avoid confusion and wasted effort.
- Clarity: Ensure contracts are transparent regarding resolution of disagreements between the designer of record and the peer reviewer.
- Timing: Integrate peer review into the design process early to maximize its impact. This allows for swifter corrections. However, be mindful that too early can be worse than too late — a peer review at 60% of construction document completion will leave a lot of detail unreviewed.
- Compensation: Responding to extensive peer review comments can be time-consuming. Determine if compensation for this work is included in the initial project scope or should be treated as additional services.
Drive superior project outcomes
Peer review in design is a powerful tool for improving project quality, mitigating risk, and fostering collaboration. By understanding the trends, managing the process effectively, and being aware of potential challenges, design professionals can leverage peer review to surpass project expectations.
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Connect with the Risk Strategies Architects & Engineers team at aepro@risk-strategies.com.
This blog post summarizes a recent webinar featuring the following panelists. Many thanks for taking part and sharing your expertise on this topic:
- Michael J. Vardaro; Managing Partner, Zetlin & De Chiara LLP
- David A. Ericksen, Partner - Attorney, Murtaugh Treglia Stern & Deily LLP
- Brandon Waddell, Managing Shareholder, Waddell Serafino Geary Rechner Jenevein, P.C.
