Commissions checklist
2 The parties
- Who are the parties to the agreement? The parties to the agreement will usually be the artist and the commissioner, but may also include other parties such as a public art agency or funder. The agreement should include the name, address and contact telephone numbers of all parties. All parties should notify the other parties immediately a change of address or contact number.
- Which of the following individuals/groups (Note: The role and function of each party and others involved in the commission must be clarified and understood by all parties. ) will be involved in the production and installation of the commission? Funders, site-owner/developer (Note: The site-owner or developer is often the commissioner of the artwork and will tend to own the site for which the work is to be commissioned.) site contractors (Note: Site contractors, usually a building or construction firm, will often be responsible for landscaping, foundations or other preparatory works for the commission and/or installing the work with the assistance of the artist.) architect (Note: An architect will be appointed by the site owner/developer to produce designs for the overall project and will supervise the completion of the works by the contractors and others working on the project including artists working on commissions. Increasingly, artists are being invited to collaborate with the design team at an early stage in the design process of the site or building. In such cases it is advisable to outline in detail the roles and relationships of the artist and all those working as part of the design team, together with a 'schedule of services' explaining the scope of activity and advice that is expected from each member of the team at each stage of the commissioning process.) and/or design team, project manager, subcontractors and specialist suppliers, artist's assistants.
- Will a public art agency, public art consultant, dealer or gallery be involved in the commission? Note: Public art agencies and consultants are usually employed and paid by the commissioner to advise on the selection of artists and to oversee the completion and installation of the work on the commissioner's behalf. However the extent of their responsibilities needs to be clarified at the earliest stage in particular to identify what, if any, matters must be approved by the commissioner for example to accept the designs or the commission itself.
- Will the artist's contract be direct with the commissioner or will the artist work as a nominated subcontractor? Note: Working as a subcontractor 'nominated' by the developer as the subcontractor responsible for carrying out the commission is not advisable since it requires complex contractual documentation, often involving performance bonds, indemnities and insurance cover. As a nominated subcontractor the artist would have a contract with the main site contractor who would then be responsible for supervising and paying the artist.
- Will the artist subcontract aspects of the production of the work? Note: Additional contracts/letters will be required between the artist and any of his/her subcontractors appointed by the artist and used to manufacture various components or stages of the artwork. Any guarantees that the artist gives the commissioner, such as defects periods, should be duplicated in the agreement between the artist and his/her subcontractors/fabricators. The artist should also make clear arrangements with his/her subcontractors on how stages of the manufacture of the work will be signed off.
