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First
a contract is always to validate an agreement between two or more people.
The contract must spell out each party's responsibilities. Each project
has specific requirements that are unique to that particular artwork and
must be addressed accordingly. Here are just a few items that should be
covered in all public art contracts. |
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Price
and Payment Schedule: |
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There
are a variety of payment schedules but they should always be based on performance
during the project. This is a must, for each payment you need a proof of
performance, either a site visit by the commissioning agency or photographic
documentation should accompany the invoice. Make sure you also include responsibility
for applicable taxes? |
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Site
Preparation: |
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Establish
who, the artist or the architect is responsible for the site preparation.
Often the client is responsible for having the site ready for the artwork. |
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Tangible
and Intangible Property Rights: |
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This
should cover the copyright and any rights that the artist grant regarding
reproduction in any media form. |
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Guarantee: |
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The
artist should warrant the structural integrity and finish of the artwork.
It should also be free of liens and claims arising from any source whatsoever. |
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In
the Event of Death or Incapacitation: |
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So
what happens if the artist dies after the artwork has begun but not finished?
Or if the commissioning agency has paid 50% of the budget and the artist
cannot fulfill the contract? There are two solutions. One is to insure the
artwork against all risk. I prefer to use the 2nd method and that is to
create an addendum having two people I trust and know can complete the work.
My choice is my son and my assistant who have worked with me 22 years. |
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