Peer Review

[mlevario99]

A General Contractor is doing a school where they are the CM at Risk. We were not the EOR of the project, but we know both, the Generral Contractor and the Architect of Record. The contractor came to us, and ask us to do a peer review of the construction documents, what is the right thing to do, to let the Archtiect know that you are doing a peer review, or not tell him. Do we need to let also the EOR of the project know what we are doing.

Thanks for your help

 

[GeoPaveTraffic]

Letting the designers know that you are doing a peer review is the correct thing to do in all cases.

Mike Lambert

 

[JAE]

I don't think there is an ethical duty to notify the professionals-of-record.

I do believe you have a duty to be honest in your appraisal and review.
In one sense you have an obligation to your "client" here to keep your agreement with them confidential unless they authorize it.

Performing a peer review is not some type of nefarious activity. Just keep in mind that whatever you report to the contractor may eventually be
revealed to the professionals and you should be able to defend your opinions.

 

[rowingengineer]

I would inform the other party and ask ensure you have all the information. Failing to ensure you have all the correct documents can lead you down blind alleys.

http://www.nceng.com.au/

"Programming today is a race between software engineers striving to build bigger and better idiot-proof programs, and the Universe trying to produce bigger and better idiots. So far, the Universe is winning."

 

[cliff234]

Always let the other engineer know that you are doing a peer review. Communicate through them through proper channels. Ask your client what the proper channels are. There is nothing underhanded about peer reviews. The way that you phrased the question gives the impression that you think otherwise. Get as much information from the engineer as possible in order to better understand why they did things the way that they did.

 

[steellion]

If you are hired by the GC, then you should first ask the GC if you are permitted to contact the EOR, or if he wants you to just generate a list of comments for EOR response. Either way, your comments will get back to the EOR eventually. Were you hired to value engineer the project, is there concern regarding the adequacy of the structure, or is this some mandated peer review for a permit?

 

[oldestguy]

I'd get the approval of the attorney for the contractor because this may end up being a legal battle some day. No point in messing up the legal ramifications.

 

[mlevario99]

Ok, thank you all for your comments, here is more information. The EOR, is a civil engineer, and most of the work I know he does is civil, in the last few years, he started doing little structural work, but all his experience is civil engineering. My old boss had to revised some of his previous work as a structural because he fell to design for lateral load on an exterior wall, he got the gravity part, but not the lateral. This time, he got himself in a new school project, doing both, the structural and the civil. The reason the contractor contact us was because their subs were complaining that information was missing on the plans. So I agree to look at the plans, and I did found some information on the notes for example he specified A36 steel for everything, when we normally specified ASTM A 992, grade 50. So I check some beams, floor and roof, and I did found deficiencies, now, I do not have his calculations to compare how he got what he got.

 

[JAE]

The NSPE Code of Ethics, section III.7 states:
7. Engineers shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects,
practice, or employment of other engineers. Engineers who believe others are guilty of unethical or illegal practice shall present
such information to the proper authority for action.
a. Engineers in private practice shall not review the work of another engineer for the same client, except with the knowledge of such
engineer, or unless the connection of such engineer with the work has been terminated.
b. Engineers in governmental, industrial, or educational employ are entitled to review and evaluate the work of other engineers when so required by their employment duties.
c. Engineers in sales or industrial employ are entitled to make engineering comparisons of represented products with products of other suppliers.

Note that in III.7.a there is the phrase "for the same client". In this case, you are working for a contractor who is attempting to protect himself from bad plans.
You and the other engineer have different clients.

You are not working for the "same client" per se, so in this case you can provide a review without directly notifying the other engineer. I agree with oldestguy above that
before you go talking to that engineer, you probably would want to seek approval of that communication with your contractor client.

So you don't have an absolute obligation here to contact that engineer, but depending on the circumstances, it could be beneficial, and sort of the polite thing to do.

 

[steellion]

Speaking of ethics, I’m concerned about this civil engineer practicing structural engineering may be practicing outside of his area of expertise if he is forgetting to calculate lateral forces on walls and specifying A36 structural steel. The first issue is a major life safety issue; the second issue is an inefficient waste of money.

 

[GeoPaveTraffic]

As I said, it is my opinion that letting the EOR know you are doing the review is the correct/polite thing to do. As others have pointed out, doing so with the knowledge of your client is also important.

However, the bigger issue appears to the be the ability of the EOR to perform the work. If you have located deficiencies in the work, you likely have an obligation under your State's ethics rules to report the deficiencies to the "proper authorities". Most States are vague on what constitutes the "proper authorities" but you and your license could be on the hook if you don't do it.

Good luck. I hope this doesn't turn into a big mess with you at the middle of it.

Mike Lambert