Destroyed Artwork

[hhhh]

What is the name of your state (only U.S. law)? CT

Hi, I was chosen by **** Fashion Week, an organization, to install one of my large-scale artworks (11 ft x 7 ft) in the window of an apartment complex. *** Fashion Week did not send out any official timelines for the installation and deinstallation. They specifically asked myself and the building manager to coordinate the installation (no mention of deinstallation was mentioned) amongst ourselves. No liability agreements were signed. The building manager and I had been in contact via email about the date of the installation and such. After I installed the work, I received no phone call, text, or email from the building manager or the organizers of *** Fashion week about the deinstallation date.

When I arrived on-site a month later to deinstall my work, the windows were bare. I then spoke to the girl who worked at the front desk who told me her building manager had taken it down and that it was on the floor of her office and that I would be there to pick it up. I had no knowledge that this would happen: I had no knowledge that the work needed to be taken down, would be taken down by the building manager, or that I would be there to pick it up. She took me to her manager's office and the work was rolled up in a pile on the floor. My work is made of very transparent, hand-made paper, it had collapsed onto itself and there were numerous tears in it, meaning it couldn't be fixed. My professional integrity was hurt as this piece was supposed to be a part of another exhibit and it no longer could be displayed. The piece is damaged and is worth $2500 to $3000.

Galleries typically have insurance or I sign a waiver that states I cannot sue them for damage incurred. They also typically have deadlines for the artwork to be put up and taken down. This situation has never happened to me before, and I am wondering if I have grounds to sue the apartment complex and be reimbursed for the damaged art piece.

 

[quincy]

What is the name of your state (only U.S. law)? CT

Hi, I was chosen by **** Fashion Week, an organization, to install one of my large-scale artworks (11 ft x 7 ft) in the window of an apartment complex. *** Fashion Week did not send out any official timelines for the installation and deinstallation. They specifically asked myself and the building manager to coordinate the installation (no mention of deinstallation was mentioned) amongst ourselves. No liability agreements were signed. The building manager and I had been in contact via email about the date of the installation and such. After I installed the work, I received no phone call, text, or email from the building manager or the organizers of *** Fashion week about the deinstallation date.

When I arrived on-site a month later to deinstall my work, the windows were bare. I then spoke to the girl who worked at the front desk who told me her building manager had taken it down and that it was on the floor of her office and that I would be there to pick it up. I had no knowledge that this would happen: I had no knowledge that the work needed to be taken down, would be taken down by the building manager, or that I would be there to pick it up. She took me to her manager's office and the work was rolled up in a pile on the floor. My work is made of very transparent, hand-made paper, it had collapsed onto itself and there were numerous tears in it, meaning it couldn't be fixed. My professional integrity was hurt as this piece was supposed to be a part of another exhibit and it no longer could be displayed. The piece is damaged and is worth $2500 to $3000.

Galleries typically have insurance or I sign a waiver that states I cannot sue them for damage incurred. They also typically have deadlines for the artwork to be put up and taken down. This situation has never happened to me before, and I am wondering if I have grounds to sue the apartment complex and be reimbursed for the damaged art piece.

You did not have your work insured, which was a mistake on your part, and you did not sign any liability agreement with the building management, which was a mistake on your part. You did not coordinate the take-down date or procedure with the building manager as you were advised to do by the Fashion Week event organization, which was a mistake on your part.

For a piece worth $2500 to $3000, it does not appear you treated your work as very valuable.

Although it seems reasonable to expect that the manager would contact you about the removal of the work prior to removal (and it is possible the management will say that they tried), it was your responsibility to keep in touch with the building management and also to learn enough about the Fashion Week event in advance to know when it was time to remove your work's display.

I do not see that you have much to support any legal action. That said, I am sorry that your art piece was damaged.

 

[Zigner]

You did not have your work insured, which was a mistake on your part, and you did not sign any liability agreement with the building management, which was a mistake on your part. You did not coordinate the take-down date or procedure with the building manager as you were advised to do by the Fashion Week event organization, which was a mistake on your part.

For a piece worth $2500 to $3000, it does not appear you treated your work as very valuable.

Although it seems reasonable to expect that the manager would contact you about the removal of the work prior to removal (and it is possible the management will say that they tried), it was your responsibility to keep in touch with the building management and also to learn enough about the Fashion Week event in advance to know when it was time to remove your work's display.

I do not see that you have much to support any legal action. That said, I am sorry that your art piece was damaged.

Quincy -

I have a different take on this. The building management had a duty to avoid damage done by them removing the art and throwing it on the ground. While I do agree that the OP should have kept in touch in order to avoid this type of situation, I don't think it's quite so clear-cut that he's got no case. I believe that the more difficult part of the OP's case is going to be proving the value of the piece.

 

[LdiJ]

Quincy -

I have a different take on this. The building management had a duty to avoid damage done by them removing the art and throwing it on the ground. While I do agree that the OP should have kept in touch in order to avoid this type of situation, I don't think it's quite so clear-cut that he's got no case. I believe that the more difficult part of the OP's case is going to be proving the value of the piece.

I am leaning that way too.

 

[quincy]

Quincy -

I have a different take on this. The building management had a duty to avoid damage done by them removing the art and throwing it on the ground. While I do agree that the OP should have kept in touch in order to avoid this type of situation, I don't think it's quite so clear-cut that he's got no case. I believe that the more difficult part of the OP's case is going to be proving the value of the piece.

It could be worth it for hhhh to see if the building's insurance will cover the damage, if the value of the work can be proved (which I think will be difficult to do). But I still do not see any supportable legal action.

I guess a better description of the art work in question might help me see this differently. I am seeing the Fashion Week piece as more of a promotional work and less as a work that stands on its own.

I would also like to know how long Fashion Week lasted. If the event did indeed last just a week, and the art piece was installed in advance of the event, leaving the art piece in place for over a month after the event was irresponsible on hhhh's part. He should have contacted the building manager about removal once the event ended.

I see many failures on the part of hhhh. I see a building manager who apparently was anxious to have the art piece removed from his windows. There was obviously no communication between the two, as was advised by the organizers of the event, and I think the communication should have been initiated by hhhh.

Again, I do not see any legal action hhhh can pursue but, if both you and LdiJ see the possibility of one, then hhhh can consult with a Connecticut lawyer.

 

[hhhh]

You did not have your work insured, which was a mistake on your part, and you did not sign any liability agreement with the building management, which was a mistake on your part. You did not coordinate the take-down date or procedure with the building manager as you were advised to do by the Fashion Week event organization, which was a mistake on your part.

For a piece worth $2500 to $3000, it does not appear you treated your work as very valuable.

Although it seems reasonable to expect that the manager would contact you about the removal of the work prior to removal (and it is possible the management will say that they tried), it was your responsibility to keep in touch with the building management and also to learn enough about the Fashion Week event in advance to know when it was time to remove your work's display.

I do not see that you have much to support any legal action. That said, I am sorry that your art piece was damaged.

Some points:

1. Installation and deinstallation of art are two very different activities and one word cannot be substituted to describe the other. The only email in which Fashion Week mentioned time used the word "installation". I was not advised by Fashion Week on anything concerning deinstallation.

2. Not every artist can afford to insure their work. It's incredibly expensive and out of my budget.

3. I assumed the liability agreement had been signed between Fashion Week and the building management, as they were the coordinators of this event. This is definitely a mistake on my part. It is one I will not make again.

 

[quincy]

Some points:

1. Installation and deinstallation of art are two very different activities and one word cannot be substituted to describe the other. The only email in which Fashion Week mentioned time used the word "installation". I was not advised by Fashion Week on anything concerning deinstallation.

2. Not every artist can afford to insure their work. It's incredibly expensive and out of my budget.

3. I assumed the liability agreement had been signed between Fashion Week and the building management, as they were the coordinators of this event. This is definitely a mistake on my part. It is one I will not make again.

1. I understand there can be a difference in how one installs a work and how one removes a work. I still believe it was your responsibility to know when it was time to remove your work from the windows. Generally as soon as an event is over, all promotional displays are removed. I assume that the building management did not agree to having a permanent display covering their windows.

2. I also understand that insuring a work can be costly. Many artists find it an expense they cannot fit into their budgets. There are times, however, when insurance can be smart. This was one of those times.

3. You could check to see if the building has insurance. You could see if the Fashion Week organization will cover your loss. But I do not see any legal action you can take, based on what you have posted. It is possible a Connecticut attorney will review the facts and see this differently. It might be worth your time to have this review.

I hope you were at least compensated in some way by Fashion Week for the display of your work. And, again, I understand how hard it can be to have a work you spent time creating ruined. I am sorry that the building management did not take the care that wa required when removing your work from their windows (although the fact that you say the work was rolled and not folded shows that some care was taken).

 

[Dandy Don]

Was there any type of favorable publicity on newspaper or TV about Fashion Week that showed your artwork?
Do you have records of similar art work you have sold in the past that would give an approximate value of works you have sold?
Do you have a photo of your artwork after you installed it?
Do you have a photo of the damaged artwork as you discovered it, or that shows how it is now damaged?

Was there no one who even took the time to thank you for your installation, no gratitude communicated to you about what you provided?

Pursue an action in small claims court, as you have nothing to lose and everything to gain.

 

[quincy]

Was there any type of favorable publicity on newspaper or TV about Fashion Week that showed your artwork?
Do you have records of similar art work you have sold in the past that would give an approximate value of works you have sold?
Do you have a photo of your artwork after you installed it?
Do you have a photo of the damaged artwork as you discovered it, or that shows how it is now damaged?

Was there no one who even took the time to thank you for your installation, no gratitude communicated to you about what you provided?

Pursue an action in small claims court, as you have nothing to lose and everything to gain.

Whenever any legal action is pursued, there is something to lose. Lawsuits should never be undertaken lightly as the publicity generated by a suit can harm both the reputations of the person suing and the person sued.

Other than that caveat, the questions you ask are ones that hhhh needs to consider if he intends to pursue the matter. Not only will hhhh need to provide the terms of the agreement he had with the building management, he will need good evidence of value before he can hope to collect any damages, either from the building management or the organization through their insurance, or from the building management through a lawsuit.