Dilemma - my artist has flaked out on me

[Saul Haber]

Dear Abby,
I hired an artist to color an image for me, we agreed upon a price, and I sent him the high res file. It's been over 2 weeks since I sent him the file and I've only heard from him once 9 days ago saying he had been sick and he would get started right away. Since then I've sent him a few emails and finally on Friday I emailed him that if he doesn't contact me by tonight I would look for somebody else to fill the position.
My concern is that I'll give the job to someone else (and agree to pay them) and then I'll hear back from the original guy in a few days saying he's finished and he couldn't contact me because [insert random lame excuse here]. Then I'll have obligations to two people, since I never specified in our initial emails exactly when I needed the work done by.
Meanwhile, something that should have been finished last week is now in limbo because I can't contact this person. What should I do?
Sincerely yours,
Pissed in Poughkeepsie

[raya]

Did you pay him anything up front? Does he have another job that might keep him busy (many need other jobs)? If you didn't pay him anything, and he doesn't have another job, you might want to look for another artist. But get a contract this time, and if you want to keep somebody, offer a page rate. Otherwise more might flake on you.

I know what it's like to be sick, I had the stomach flu recently, really bad. I missed out on 2 days work, but got another coloring job because they needed somebody ASAP. And that client actually referred me to the other job, which was cool of him.

However, 2 weeks is a long time.

[Saul Haber]

I haven't paid him yet, but I did agree to pay him a reasonable wage when he completes the work, which should be incentive enough for him not to flake out.
I don't know if he has another job. I don't really know much about him at all, which is starting to worry me. But I haven't given him any personal info that he could use to scam me or anything, only the high res file to color, which is not of much value to anybody but me.

[raya]

Yeah, it's less likely they will flake if they have a contract and/or are paid half up front. But, I was only paid half up front for one job, so not many indies do that I guess, mostly the big guys. So, I would suggest you get a contract the next time you hire somebody.

[John Rauch]

If you decide to use someone else, write the first guy and tell him not to worry about it before you have the new guy start. Then if he does, you're not obligated to anything.

[T.J. May]

Originally Posted by John Rauch

If you decide to use someone else, write the first guy and tell him not to worry about it before you have the new guy start. Then if he does, you're not obligated to anything.

Yep, and print out a copy of that email for your records. In the email state everything you stated above in this thread as nicely as possible. In addition, it would be best to have a copy of all the emails you have corresponded with him to show dates and time that you made attempts to contact him. That way if he tries to take you to small claims court you'll be all set.

In the future, especially if there is money involved, get a contract in place. It should describe what is being commissioned, the agreed price, the payment time table, a deadline for the work to be done, a clause that states any legal disputes with be handled in your neck if the woods, and a specific time period that allows YOU to back out if the artist doesn't hold up his end.

[dickieH8]

Originally Posted by T.J. May

In the future, especially if there is money involved, get a contract in place. It should describe what is being commissioned, the agreed price, the payment time table, a deadline for the work to be done, a clause that states any legal disputes with be handled in your neck if the woods, and a specific time period that allows YOU to back out if the artist doesn't hold up his end.

Couldn't agree more. However, I actually signed a contract with a couple of indie guys who then told me on the way out that they'd try to get me 20 bucks or so by the middle of next week. Uh.. No, that's not what the contract we just signed 10 minutes ago says. UngaWA.

On a side note Saul: Are you really in Poughkeepsie? My wife, daughter, and I are moving to New Paltz in a month. Looks like we're gonna be neighbors. Or not.

[JAQ]

It's not so much the contract as the mutual understanding and agreement about the terms. A contract is just the piece of paper that puts that agreement in writing in case one of you later forgets.

[Saul Haber]

Contracts are obviously the best route, but I figured for a one-time transaction for one image, a contract would be overkill. Well the guy still hasn't made any contact with me, so all I can do is find someone else and break it off with him and explain the reason being his disappearance.
But here's a legal question- What are the legalities behind email correspondence? Let's say I gave the guy 3 warnings over the course of a week. But then he says he never checked his email. What does the law say about that? Email correspondence is a one-way street if the other guy's not reading it. Is there a reasonable time period that the law says you should use to keep up with email correspondence? Probably not...

And dickieH8 - I don't live in poughkeepsie, it just starts with a P. I don't live that far away, though, and I've traveled there for work on occasion. Good luck with the move!

[BobRivard]

Originally Posted by Saul Haber

Email correspondence is a one-way street if the other guy's not reading it. Is there a reasonable time period that the law says you should use to keep up with email correspondence? Probably not...

Yeah, that's true... he has to not only read it (if he wants), but also respond and acknowledge the terms. Same as a contract - you can send all the contracts you want, but they don't mean anything unless they're signed.

And I have no idea what the nitty-gritty details are, but I do know that e-mails can serve as proof of agreement in court. It's basically a written agreement between the two of you.

I wouldn't be concerned though... he more than likely flaked. And, you didn't quote him a specific amount, right? You said you'd pay him a reasonable amount after he completed the job - and I'm assuming he agreed to that via e-mail? So considering he's taking forever to finish the job, what would be a reasonably appropriate fee for his services? Not a whole lot.

[Saul Haber]

Well I did agree to pay him a definite amount. And he agreed to do the work for that amount. The only thing I didn't do was specify a deadline for the work.

[BobRivard]

Originally Posted by Saul Haber

Well I did agree to pay him a definite amount. And he agreed to do the work for that amount. The only thing I didn't do was specify a deadline for the work.

Haha, okay... well that makes more sense then. It sounded like the deal was going to be based on the quality of his work.

I'd just send him an e-mail giving him a 'reply by' deadline and tell him if he doesn't respond, then gig over. If he does reply, without a finished piece of art, then give him a deadline for it. A tight one - so you can move on.

[Lovecraft13]

You wanna talk about dilemmas? I've had a project delayed for months because I can't find a single artist with the integrity to go the job he was hired to do. I went through at least five or six since January. I've been lied to numerous times by so-called professionals-- told pages were being worked on only to discover weeks later they didn't even start. I've had flat out abandonment, too. And these were all legit job offers. This is an infuriating process filled with fickle artists who are the sole reason why projects can't go forward because pages don't draw themselves. I've lost my faith in artists.

[BobRivard]

Originally Posted by Lovecraft13

You wanna talk about dilemmas? I've had a project delayed for months because I can't find a single artist with the integrity to go the job he was hired to do. I went through at least five or six since January. I've been lied to numerous times by so-called professionals-- told pages were being worked on only to discover weeks later they didn't even start. I've had flat out abandonment, too. And these were all legit job offers. This is an infuriating process filled with fickle artists who are the sole reason why projects can't go forward because pages don't draw themselves. I've lost my faith in artists.

You said 'legitimmate job offers', so you're paying them? Are you paying them enough?

Also, spending some time to get to know your collaborator before starting a project has always proved useful to me. And I don't just mean a few e-mails or one phone call. Take a good month or two to just b.s. about whatever - become friends. You might find they aren't right for the job or maybe they're perfect. It's a relationship, man... you wouldn't marry some girl you just met last night, would you?

And if you can do that, then bailing on the project is more than just another ditched project for the artist, it's the loss of a friend. Build the trust.

There should be a website for artists and writers that operates in the same way e-harmony or match.com does. haha.

[Saul Haber]

Lovecraft13- That sucks. Are these people you've met personally and had contact with before?
And don't lose faith in artists- you can't judge the whole lot from a bunch of bad seeds. I'm sure there are tons of great and reliable artists out there who would kill for a legit job offer.