lost "painting"

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Bill Taylor

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I have a "friend" that owns a frame shop.
A 5" x 7" mixed media painting was lost or stolen. It was a digitally composed picture mounted to a board and then painted over with oils or acrylics.
The insurance is $1,000 deductable and the customer seems to think the "painting" is worth that much, if not more.
My "friend" was willing to offer $125.00 thinking that would be more than enough, but the customer wants more. Has anyone else ever been in this position? It's not an easy place to be. He doesn't want to cause a big stir and he certainlly doesn't want to pay out $1,000. The artist claims to have sold big paintings (24" X 36")for $3,000.
Thanks, Bill
 
That is not a position I would want to be in either. I have the "fine print" on my work orders stating we are not responsible for anything over $250. I got that one from Hob Lob. My attorney says it is legal. As for the original, only the artist would know the value.
 
Your "friend" can pro rate it, so to speak. If a 24x36 sold for $3,000 then it was $3.47 per square inch. Thus the 5x7 would be 35 square inches and would cost $121.45. Round it off to $150 just to show how generous your "friend" can be.
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Thanks Jerry. and Framah fellow Mainah. I appreciate the feed back and I like the ideas.
Bill
 
In 92 years of framing, we only "lost" one piece of work. A small needlework mysteriously disappeared back in the 60's. The owner claimed it was worth $ 250.00. We paid for it and then it turned up about a week later having fallen down between the wall and a steam radiator heater.
Called the owner back and happily told her we found it and she refused to give back the $250.00. Needless to say, she never received her needlework back either. Managed to sell it a few years later, framed, for $50.00.

Funny how something could be worth $ 250.00 when it was lost and less after being found.

Dave
 
Have him contact his insurance company or broker, chances are they'll have someone to deal with such issues, as a "Third-Party" their evaulation would be more reliable and compliant with the appropriate rules.
 
Great story Dave! Not a suprise.
I have never lost a customer's work in my 33 years as a framer. I shudder at the thought.
Bill
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Lance,the insurance company said that because it was not yet a sold painting , the artist was entitled to the cost of the materials and his time, nothing more....the key words being "insurance" and "company".
Bill
 
This is one of the risks we take as professional picture framers. The biggest "no no" in our industry is losing or damaging a customers picture.

We may or may not have insurance coverage for such mishaps, but lets face it, it's OUR negligence and OURS alone if it should happen.

It does not matter what we claim our liability is on our work orders or what we think the piece is worth. When something this disastrous happens, it is our responsibility to satisfy our customer, not cover our own butt.

The first question to our customer should be, "What can I do to make you satisfied?" If the customer insists it's $3,000.00 dollars, then that is what it is, you pay it. I had this happen about twenty years ago, a 1/4" tear in the bottom of the border paper of a signed lithograph. I had to make payments to the customer because I could not afford the $3,000.00 all at once, at the time. The customer was happy, I was not, but it was the right thing to do.

People bring their treasures to us because they trust us. We have to live up to that reputation, or we might as well start telling our customers that taking their work to Michaels or Aaron Brothers, that it would be safer, since they have the deep pockets.

If we screw it up, we should be willing to face the consequences, no matter what.

John
 
Bill ;
I have no answer to your friends problem but I do have a few questions that might be worth pondering.

First does the consumer have a recit for the purchase of the work? Or does you friend know the originator of the original work? Next did that same artist make the adaptions to it? If so can he contact that artist and inquire as to what the artist thinks it's worth is?

Next if it was a digitly produced work originally can the digital producer be contacted,or can the original gallery or vendor be contacted?

Any or all of these things may lead to establishing what the legitmate secondary market value may be and wether or not that is the same as what the "CONSUMER" is saying.

And Finally is there any "Art APPRAISER" with knowledge of this artist work available?

If you can find any of these it seems to me ( with my limited knowledge of Fine Art's worth) that any or all of these are far superior to either accepting the word of the consumer unchecked or counting on your friend's ability to determine if the art is actually worth what is being suggested.

But if it is or if you can't get any of these aids you should offer to either pay the price the consumer is saying they paid (which with no APPRAISAL or receipt you may have to accept) or Better still see if your friend can find a secondary market where the work is savailable, buy another on his own.

In some circles that is what is expected "Replaceing In Kind".Unless as Dave suggested the consumer would rather have the MONEY to another Identical work.LOL
BUDDY
PS
Your friend may have made ONE mistake ( losing the work left in his care)But there isn't anything that says he must make another ( paying what ever the econsumer wants ) with out some substantiation.I'll bet if your insurance was responsible ,they would ask for some form of Documentation ( the consumer's or their own) before they paid just any price.
 
Remember guys, this does not happen all that often. That one screw up is all that I have done in the last thirty years. It cost me $3,000.00. I kept a customer, I got the word of mouth advertising.

What do we spend on advertising in order to get one customer? What is our cost of getting that customer? How much money will you take in during a thirty year career?

I think every custom framing shop knows how important their customers work is, and do everything humanly possible to safeguard it.

Should the unforgivable happen, you should be willing to pay up. Over the long haul, it's the best thing to do.

Another way of looking at it is that it will make you be all that more careful of your customers property. It's called accepting responsibility for your actions, it's part of being a grown up, it reflects on your upbringing, it's called character.

Most importantly, it reflects on all of us, independent custom picture framers. The public MUST BE CONVINCED that we are the safest place to bring their artwork and valuables. They must know, beyond a doubt, that we are ethical, all of us.

John
 
John, of course you are right. It's just never happened before so it takes a forum like this to help sort things out. Thanks

Buddy, The "painting" was done by the customer. He had saved the picture to his computer and reprinted it. He was not happy with the brush strokes he was getting saying he was unable to get the same feel as the first one. It was not purchaced. Bill
 
I have torn a shop a time or two in my twenty plus years. Question how does your "freind" normaly handle art storage.

Flat files: pull out all of the drawers. I have found that small items can crawl to the back and live behind the drawers.

Print sleeves: Check both sides of everything including the sleeves with other art in them. sometimes they need a little company and seek out larger art to hide behind.

Work orders and invoices: Check here, the art is small and could have been droped in with the paper work.

As to value, I agree with square inch approach but I would double it to show good faith.

Unfortunatly I have had to deal with this on a massive scale. In 1998 there was a 3 alarm fire in one of my shops. Most folks were easy to work with but a couple were real pains.
 
It sounds to me like the artist really wants the work back, but would be willing to settle for a relatively large sum if that isn't possible.

I think we can all agree that the piece probably didn't vaporize (or does the "friend" have his wood stove going in August?). So unless it was stolen or stacked with another piece in someone elses frame, it has to still be in his shop somewhere. I'd be inclined to spend a day looking for it in every inconceivable place.

I have no answer for what happens if you spend all day and still can't find it.....
 
You stated that the customer printed it out of their computer. Apologize for the loss, Offer to make a restitution for the lost materials and Ask the customer to print out another one and you will frame it for free.

Then let the haggling begin!
 
...Or you could mistake him for a stalker and shoot him.
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1000 sounds high (greedy) for this type of work.

If that is indeed the price I would expect to see the artists name in auction records.

Myself, I would be quick to give them free framing of the replacement, but if they try to take you to the cleaners they will not be future clients nor will they speak highly of you.

Records of sales would be of interest to the insurance company adjuster .

If they are beyond reasonable I would go see judge judy.
 
Does he have any records of selling work of this size in the past? It might help in establishing a real value. For someone to establish a value on something he must have some comparative sales to back up his assessment of the value.

I usually remember where I've put something about 2AM, and have been known to drive to work to check it out.

Get away from it for a day, take a deep breath and begin the search again. It's there somewhere.
 
I understand that 5 employees spent well over four hours searching the shop. The owner spending well over 8 hours and counting. It was placed in a 8 x 10 box with glassine paper used to protect it. It was plainly marked on the out side of the box. This happened when my "friend" was on vacation......ahem.....he may not take another one.
I'll have him call Judge Judy in the morning.
;) Bill
 
Cardboard boxes end up in recycling sometimes, I have heard of this happening at Museums too. The AGO here in Toronto tossed out two paintings a few years ago in their corrigated shipping boxes.
"I swear I was sure they were empty!"
I think of this every time we put the trash out.
 
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