Contracts

Introduction

'Put everything into writing' is the clear and consistent message inthis collection of articles from 1977 to date. Early pieces giveexamples of contractual terms and conditions that were being asked forin the 1970s and 1980s. But later pieces revisit the subject with adifferent approach, by offering basic structures and checklists fornegotiating and constructing terms and conditions appropriate toindividual circumstances.

Common contractual relationships are dealt with, including bills ofsale; contracts of sale; gallery and agency deals; exhibitionagreements; public and private commissions.

Common contractual problems are also dealt with, including: damageto work; tracing lost work; disclaimers from liability; severance ofcontractual relationships; insurance and valuation; loans and gifts;fakes.

There are numerous case studies charting contractual successes and failures, including:

The contractual situations and issues over the three decades coveredby these pieces continue to arise today. And, although much progresshas been made during that period, it is still clear that many artistsstill feel awkward or inhibited about introducing formal writtencontracts into the commercial dimension of their practices. Evidencedemonstrates abundantly clearly that, because the 'unwritten contract'will always come into play in circumstances where things go wrong,there is no cogent argument for written contracts not being used in aconfident manner for all commercial dealings.

In relation to Public Art Commissions in particular, further relevant information and guidance can be found a the Public Art Online resource, where there are also signposts to other relevant sources of information and help.