Commissions checklist
11 Warranties and repairs
- Does the artist guarantee that the work will be original? Note: For commissioned work the agreement often states that the artist guarantees that the work will be original and will not infringe the copyright or other rights belonging to any third party.
- Will the artist be liable to repair or reinstate the completed work, if a fault or defect appears within the 'defect period'? Note: Most agreements include a 'defects period', often 6-12 months immediately following installation, during which the artist agrees to do any necessary repairs at the artist's cost. Unless the agreement defines the artist's liability in this way, artists can be liable for an indefinite period if the workmanship or materials prove defective.
- Will fabricators and artists suppliers guarantee their work and materials? Note: Artists must ensure that they have obtained guarantees from any suppliers and fabricators that match the guarantees and length of 'defects period' that the artist has given to the commissioner, so that if the artist is called upon to repair the work s/he can pass the liability back to the supplier/fabricator.
- Will the artist have the first option of repairing the work if it becomes damaged after the defects period?
