Peer Review

Question 1

four basic review categories

Answer 1

• peer review
• design / technical review
• regulatory review
• the expert witness

Question 2

designer/author

Answer 2

person responsible for the work

Question 3

client

Answer 3

the person or body commissioning the work

Question 4

peer reviewer

Answer 4

person or persons undertaking the review

Question 5

contract

Answer 5

document that defines the scope of the review, the basis of the remuneration and the responsibilities of the client, reviewer and designer

Question 6

learned society

Answer 6

professional affiliated institution such as IPENZ

Question 7

peer

Answer 7

person of equivalent expertise to the designer/author who has relevant experience to the work in question

Question 8

purpose of peer review

Answer 8

• whether the completed work has met the objectives set out for it
• other options that could have been included in the design
• whether the evaluation of options is rigorous and fair
• the validity of assumptions
• the validity of conclusions
• the process towards completion of the work
• the validity of the reccommendations
• the objectives set out for the work
• adherence to relevant regulations and codes of practice
• the fitness for purpose of the work

Question 9

when to bring in peer reviewer?

Answer 9

• if the peer reviewer can have input into the scope of work, design process, projected planning and completed work review, this can lead to a more acceptable outcome for the client
• peer reviewer can have review inputs at specified points to aid the design process and avoid problems
• peer reviewer can act as an adviser to the designer

Question 10

who can be a peer reviewer

Answer 10

• must be recognised by fellow members of the appropriate learned society as at least equal in experience and technical capability to the designer
• often will have more experience of similar works than the designer
• must be independent from the designer’s organisation and have no financial or other interest in the outcome of the review
• must disclose any conflicts of interest

Question 11

the ethics of peer review

Answer 11

• must abide by the code of ethics of the appropriate learned society
• must avoid usurping the role of the designer or succumbing to professional jealousy
• must report against only the criteria/restrictions that were put in place for the designer
• must respect the intellectual property made available
• must avoid using hindsight

Question 12

Scope of peer review services

Answer 12

• review of completed work
• project peer review
• competence peer review

Question 13

review of completed work

Answer 13

basic service in which the peer reviewer has no influence on the development of the work

Question 14

project peer review

Answer 14

more complex task, involves the peer reviewer in the development of the work

Question 15

competence peer review

Answer 15

• evaluate a professional’s experience and capability in relation to their competence to undertake tasks as a member of a learned society
• peer reviewer can discuss the relevant experience with the individual concerned

Question 16

who appoints a peer reviewer

Answer 16

• the client will appoint, as they have a vested interest in getting the work/design completed satisfactorily
• often will select from candidates nominated by the designer
• peer reviewer is assumed to be able to work with the designer in a context of trust and respect for intellectual property

Question 17

peer reviewer should enter into a written contract for services with the client, including the following elements:

Answer 17

• purpose of the review
• objectives of the work or design given to the designer
• the scope of the review
• the supply of all relevant documentation by the designer
• the lines of communication between designer and peer reviewer, and peer reviewer and client
• the reporting schedule for interim reviews
• the limit of the peer reviewer’s responsibility in contract and in tort
• who, apart from the client, will use the review and for what purpose

Question 18

the report from the peer reviewer to the client should include:

Answer 18

• who is entitled to rely on the report and under what circumstances
• the scope of the report
• the purpose of the report
• disclaimers
• qualifying statements as to work not undertaken, matters requiring further investigation, reliance on information provided by others, and assumptions made

Question 19

purpose of a design/technical review

Answer 19

to check assumptions, design method, arithmetical accuracy and conclusions drawn by the designer
- review will include compliance with regulations, laws, design codes and internal design methods

Question 20

who can review for a design/technical review

Answer 20

• independence of the review is not an issue, so mostly undertaken in-house
• direct working relationship between the peer reviewer and the designer, and all assumptions, calculations and procedures are open for review
• intellectual property not an issue

Question 21

purpose of a regulatory review

Answer 21

to assess whether the design complies with pertinent regulations, consent requirements and laws
- does not assess the design objectives, processes, options and assumptions

Question 22

who can undertake regulatory review

Answer 22

• no direct relationship between peer reviewer and designer

Question 23

peer reviewer’s role in regulatory review

Answer 23

• identify areas of the design that need to be addressed and to invite the designer to resolve them to the peer reviewer’s satisfaction
• the peer reviewer does not become involved in resolving the issues

Question 24

role of an expert witness

Answer 24

• can be arduous and testing, involving many ethical issues
• expert witness is a servant of the court, and their advice must be unbiased
• expert witness asked by legal counsel or the commisioner of an enquiry to advise the court on specified aspects of work undertaken by another designer
• should not exceed his/her experience in answering questions, and keep to the matter of the question
• should act independently and not as an advocated for the party that has commissioned them
• should avoid being judgemental and giving an opinion as to negligence
• must be circumspect about using the benefit of hindsight

Question 25

who can be an expert witness

Answer 25

• may be selected because of previous experience in the role of designer, or in evaluating works
• no direct relationship between expert witness and designer
• expert witness not required to inform the designer of their engagement, but courteous to do so

Question 26

Liability

Answer 26

• responsibility for the work, in all kinds of review, resides with the designer
• if comments by peer reviewer are adopted by the designer, the responsibility stays with the designer
• however, the peer reviewer has been linked to the design responsibility under tort in some cases

Question 27

the contract between peer reviewer and client needs to record whether the peer reviewer is:

Answer 27

• disclaiming all liability in contract and in tort
• limiting liability in contract and tort to a certain sum of money
• contracting out of the Consumer Guarantees Act 1993