How do you deal with contract disputes or breaches in the arts sector?

1 Common causes

One of the main causes of contract disputes or breaches in the arts sector is a lack of clarity or communication. Sometimes, the parties involved have different expectations, interpretations, or assumptions about the terms and conditions of the contract, such as the scope, quality, timeline, or payment of the work. Other times, the contract itself is poorly drafted, vague, or incomplete, leaving room for ambiguity or confusion. To avoid these problems, it is essential to have a clear and detailed written contract that covers all the relevant aspects of the project, and to communicate regularly and respectfully with the other party throughout the process.

3 Prevention tips

To avoid or minimize the risk of contract issues in the arts sector, it is important to take preventive measures. Do your research on the background, reputation, and credentials of the other party before entering into a contract, and make sure you understand and agree with all the terms and conditions. Additionally, document everything, such as invoices, receipts, correspondence, or change orders. Maintain regular communication with the other party to address any concerns or questions that they may have, and provide feedback or praise when appropriate. Lastly, keep track of the progress and performance of the work and document any problems or issues that arise.

4 Resolution strategies

In the event of a contract dispute or breach in the arts sector, it is important to attempt to resolve it as quickly and amicably as possible without sacrificing your rights or interests. To do this, review the contract thoroughly to identify the source and nature of the dispute or breach, and any clauses or provisions that address dispute resolution or breach remedies. Then, contact the other party and explain your position and expectations in a polite and clear manner. Listen to their side of the story, and try to understand their motivations without accusing or threatening them. If possible, negotiate a mutually acceptable solution such as extending a deadline, correcting a defect, adjusting payment, or modifying the contract. Make sure to put the agreed solution in writing and sign it by both parties. If direct communication and negotiation don’t work, you may seek assistance from a third party such as a mediator, arbitrator, lawyer, or industry association. They can help you facilitate dialogue, clarify issues, evaluate options, and reach a binding or non-binding agreement.

5 Escalation options

If a contract dispute or breach cannot be resolved through other means, it may be necessary to escalate the issue to a more formal, legal level. Litigation is the most expensive and adversarial option, but you may consider filing a claim in a small claims court if the amount of money involved is below a certain threshold. Alternatively, you may opt for an alternative dispute resolution method such as mediation or arbitration, which is faster, cheaper, and more flexible than litigation and may help preserve your relationship with the other party. Before pursuing any of these options, it’s important to consult a lawyer and prepare your evidence and arguments well. Additionally, you should check if your contract has an ADR clause or if you can agree with the other party to use ADR.

6 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?