Hi Frank,

Here is the warranty language in our standard contracts. It is essentially the same for both purchases of existing artwork and the commissioning of site-specific work with minor language tweaks to suit the circumstances. These warranty articles actually survive the termination dates of the contract for a period of five years after the work has been officially “accepted," so the artist is still legally and contractually obligated to complete any necessary work  (or pay someone else to do it with our approval) within the 5 year period. We do not have separate maintenance agreements with the artists.

5.2 Warranties of Quality and Condition.   
The Artist represents and warrants that (a) the Artist will execute and fabricate the Artwork in a professional manner;  (b) the Artwork, as fabricated and installed, will be free of defects in material and workmanship, including any defects or qualities which cause or accelerate deterioration of the Artwork; and  (c) reasonable maintenance of the Artwork will not substantially exceed those described in the maintenance recommendations submitted by the Artist as per Section 1.4(d) of this Contract.
The warranties described in this Section 5.2 shall survive for a period of five (5) years after the final acceptance of the Artwork by the Owner Agency, with periodic required maintenance, by the Owner Agency, according to directions provided by the Artist.  The Owner Agency shall give written notice to NMAD and the Artist of any breach of the Artist's warranty within one hundred twenty (120) days of the breach during that period. The Artist shall, at the request of the NMAD, and at no cost to the Owner Agency or NMAD, cure reasonably and promptly the breach of any such warranty which is repairable by the Artist and which repair is consistent with accepted practices of professional conservation (including, for example, repair by means of restoration, refurbishing or re-creation of part or all of the Artwork).

Best,
Michelle

-- 

Michelle Laflamme-Childs

Public Art Program Director | New Mexico Arts

Department of Cultural Affairs

407 Galisteo St, Suite 270 | Santa Fe, NM 87501

phone 505.827.6490 | toll-free 800.879.4278

fax 505.827.6043

michelle.laflamme-c@state.nm.us

www.nmarts.org



From: "public_art_network@americansforthearts.simplelists.com" <public_art_network@americansforthearts.simplelists.com> on behalf of "Wick, Frank" <Frank.Wick@austintexas.gov>
Reply-To: "public_art_network@americansforthearts.simplelists.com" <public_art_network@americansforthearts.simplelists.com>
Date: Monday, January 8, 2018 at 9:58 AM
To: "public_art_network@americansforthearts.simplelists.com" <public_art_network@americansforthearts.simplelists.com>
Subject: Warranty work for public art

Happy New Year Dear Public Art Professionals!

Recently a couple colleagues and I were talking about the maintenance and repair of newly acquired artworks. With any new artwork addition to our collection the City of Austin requires a one year maintenance agreement that states that the contractor shall perform its services in a good and workmanlike manner and shall warrant all work and materials to be free from defect for one year.  

 

The issue we talked about, specifically, was how best to hold the contractor accountable for the warranty work during that first year. We assume that they would perform the work to fulfill a professional obligation. Are there any maintenance agreement best-practices you’d be willing to share with us?   

 

Thanks,

 

Frank Wick

Collection Manager

Art In Public Places Program / Cultural Arts Division

City of Austin Economic Development Department

 

 

cid:image002.png@01D24A4D.76B36050

 

Frank Wick

Collection Manager

Art In Public Places Program / Cultural Arts Division

City of Austin Economic Development Department

201 East 2nd Street, Suite A

512.974.2576

austincreates.com /  facebook.com/CityofAustinArts

 

 

 

 

 

 

 

 

 

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