unresolved issues with clients

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Hang on Studio Wall
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Hi all, In April 2016, I took on a large commission for a public house with an unusual contract agreement not often taken by artists. A paid by the hour contract, paid on a monthly basis. All materials were supplied by the client for this commission. All ideas were agreed and this commission was a series of wall murals, the first ones I would have ever done. The hourly rate was agreed and I had took the risk of quitting my full time job for this as I was not able to take an unpaid sabbatical as requested. I was to send an invoice with the number of hours worked each month and the client would have to pay the amount on the invoice within 7 days of receiving the invoice. I have had a lot of problems over this commission. Problems with the texture of the walls and the location of these murals being high up near the ceiling, in awkward positions and having to work around customers. As the client provided me with a scaffold that was mobile for me to do the job, i still required several breaks due to stiff neck and sore feet. I reminded the client of these difficulties to which he said there was no rush in completing these murals. We had a few creative clashes during that month despite agreeing with the design concept and colour scheme. I had changed the work for him to which he was pleased. Now I had taken a weeks break abroad at the end of April and before this break I had sent him the invoice for the month a week before and it should have been paid whilst I was on this break. There was no payment. After I got back form my break, it took me days of chasing the client, I finally got through to him to which he said he would pay the invoice. 3 days later the payment went in, but only half the amount that was requested. I had contacted the client asking why only half was paid, he stated that it was to motivate me to get the painting finished and that his customers were losing interest and that also the "grass didn't look like grass"(it was actually just an base layer that i was going to build upon), he kept asking how long it would take, and reiterating the costs, despite saying there was no rush a few weeks ago. So I told him how long it should take providing there are no changes to the agreed design. 2 weeks later I had completed the work, then he said one half of the painting was a mess and the other was great. I had tried to bring him round, explaining this was the agreed concept but he was telling me it was "****", that his brother was an artist, and that he could also paint better but just didn't have the time, and that the "sky just wasn't right" and that he could see "brush strokes". Now this was extremely insulting to me but I held back and said I would not do anymore until the rest of the invoice is paid. He stated that I had a choice, either it will be painted over or he would buy some "sky blue paint", block the areas he wanted changing by himself or his labourer, then I would finish it off and get the rest of the money when finished, to finish the work it would have taken me at least another 2 weeks. Now this is where my face went red and I left the building and through a lot of emotional anger I blocked his number on my phone and blacklisted him. I was told by a customer that he was to be painting over it all and cutting his losses at the amount he paid so far. Up until recently, where a friend showed me a picture of the client painting the sky blue in himself and the painting looked ruined. Now I want to write a letter to this client requesting that the painting is to be removed within 7 days or I will send a 2nd invoice with the amount of hours I have worked in total. I have left this approximately 2 months, thinking I have nothing to do with but now I'm getting people asking me about it and now have doubts as to whether I have left it too long to chase up a payment and also which law covers me and worried about the costs of legal aid for small claims court. any ideas? would appreciate any help.
Commissons that I have undertaken have always gone well, partly because I won't start on it until I have received a hefty deposit, however I don't paint murals and would never enter into an hourly paid contract. The idea of quitting a full time job to undertake one commission is in itself rather frightening and frankly madness, I've not come across a scenario like this before, and this was thwart with danger from the word go. I would doubt that anyone here can help you, it's a legal matter, and as you have not entered into any written contract it will probably be an expensive lesson to learn.
Well, it was a 6 month long contract. I had 4 commissions in total that would amount to £8,000. I had initially rejected the commission but after a lot of encouragement from friends and family, I took it on. Telling me it would be the step that I needed to get out into the art community in Walsall. How naive of me, eh? It is definitely an expensive lesson to learn but luckily I managed to find a job not long after so the loss wasn't massive. It was only after that payment issue, I had realised I had a bad client on my hands, that was when the written contract was drafted and handed to his solicitor. The only thing I have on this is that invoice which was only half paid. Personally I want the artwork removed but I can't just go in paint over it as that would be damaging someone's property. This could potentially go to court but I have a feeling the client won't want the hassle and accept my request to have it painted over. There is no way he would pay me the rest of that invoice.
What a sad and annoying to read story. I do feel for you and am mystified how to help. Alan has given an experts view and I can't add any more. It does sound a large complicated job, fraught with many pitfalls, in fact something I maybe wouldn't take on although being retired it would have been easier to take on time wise. I have completed various murals, mainly for pubs and they all paid as agreed and on completion. Also designed and produced place mats for cafes, christmas cards for haulage firms where I didn't have any written contracts and in one case maybe should have, an Indian restaurant, as they were the one client I didn't actually know but I was recommended to them but they were happy and paid up. Best of luck in your future negotations.
Alan puts it most succinctly. Without any written terms I am afraid you are into 'who said what' with the courts will be left to determine what would be fair and reasonable. Without those terms it would be a long and costly journey in which the costs in pursuing action would almost inevitably outweigh any award by the courts assuming, of course, they found in your favour. This was always one of the difficult issues when I was working defending the NHS. If an unmeritorious case was brought against the Trust for say £5k it would cost more than that to defend the matter in court and since costs were not usually recoverable it was always a difficult position to be in. Setting aside the argument for setting a precedent we had to be aware that we were dealing with public money - should we defend or take the cheaper option of paying up.
I have done a commission for my local pub but it was on canvas. Best portrait work I've ever done, I shall put it up on here some time today as I don't think I've put any work up yet. I'd love to do another mural but I fear this one has put off any potential clients and still looking round for areas to do a mural, my bedroom wall is covered in art but it could be tempting to do one if I can figure out how to rearrange it all. I'd put up a picture of the mural on here but for legal reasons I am unable to. This whole thing has just baffled me, this is the first time out of all the commissions I've had, where I've experienced a difficult customer(hopefully the last) but also disappointed in myself for not seeing the warning lights when I first rejected the commission. I'd be happy just for it to be removed. The money issue is 2nd to me, it is mostly the principals and my reputation. There's rumours constantly flying round about this work and it all seems to be damaging me as an artist rather than the other way round but as you say it's a "who said what" case. The only official information in this, is the dated invoice that was half paid.

Edited
by philipb11

Yes you can try the Court Claim route (previously known as the Small Claims Court). There was clearly a contract as evidenced by the fact that you were allowed access to proceed and the monies paid to date but you will still be faced of the problem that there were no terms expressly stated in some form of binding contract.
That's a good one to try. Good luck. Your Taylor commission is something else!
Can only sympathize, and say - too late, I know - that if you're going to take on any commission, and especially a major one like this, you need to have a clear basis of agreement forming a binding contract. You also need to keep in close touch with the client, so that, for instance, he knows that you don't just lay down paint in one layer and all of a sudden you've got grass. The client needs to know that any work that's going to last will be done in careful stages, involving preparation of surfaces where necessary. It will pay you to leave nothing to chance - artists may be sensitive souls with their heads in the clouds in popular imagination, but they need to be shrewd and practical in business; or things will go wrong. I'm having a little trouble following posts at the moment because of an eyesight problem, but did you say you'd already tried an approach through a solicitor, to resolve things before court action? It can help, when personal approaches have failed; was this establishment part of a chain, or are you dealing with the licensee owner? There are various things you could try - if it were me, I'd want to either finish the work, or scrap it - the money at this point would be secondary, as it is for you. But your reputation has a value, and this isn't going to be helping it. I would at least get a solicitor to write a letter and see if that leads anywhere, with a copy to the pub chain if it's part of one. Some people though are just bloody awkward and don't know what they really want, or the problems likely to arise in producing it .... it's those you need the contracts for; other clients can be wonderful, and no problems or quibbles arise. Snag is - there's no way of knowing which of these you've landed beforehand. I hope you get some resolution to this. http://www.isleofwightlandscapes.net http://www.wightpaint.blogspot.co.uk
I remember when you first put the post on about the intended commission Philip, and the advice you got, and hoped that you would think about it very carefully. However, we all have wondered whether to take a risk at some time or another and this, unfortunately, didn't pay off. This is an expensive lesson for you and I abhor all these unscrupulous people who take advantage, but hopefully you will have learnt from this and be much more careful in the future and, as it has been suggested, get a watertight Contract under your belt before you tackle another commission. One good thing, for me, has been that I have found out from you and Robert that you can't paint grass in one layer, which explains why I have such trouble with it. So thank you for that and very good luck in the future - don't let it put you off, just learn from your mistakes.
Well, I have written a letter to the client requesting for it to be removed or pay up the remainder of the invoice within 28 days. Also reminded him that the painting is now subject to copyright so no other artist can continue the work and claim it is their own, I've put no personal issues in there. So here's hoping that the reply from the client is civilised and respectable of my request.
Let us all know what the outcome is Philip.
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