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Avoid Craig Hamilton -- or move forward at your peril

Started by Michael (OML),

76 posts in this topic

comix4fun

comix4fun

Posted
Posted
I got a commission from Craig (with absolutely no problems - in fact, he went above and beyond my expectations in both execution and turn-around time) a couple of years ago. At that time, I would not have had ANY second thoughts about recommending him to someone looking for a commission.

 

Craig is a very talented artist and it's sad to see that he's fallen into this hole.

 

 

I got a GREAT commission from Craig about 4 and a half years ago.

 

Another commission was started about 3 and a half years ago that was much more complicated that I expected to wait about a year for.

 

About 3 years ago I bought some finished pieces from Craig from a sale, they were in a gallery showing at the time so he could not send them immediately. However, I still don't have them as of today.

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Michael (OML)

Michael (OML)

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I have learned my lesson and I generally only pay if there is an agent I trust who I know will make a refund or the artist shows me the work is done. Craig promised up and down that he would get this done months and months ago and he got his own art agent to vouch for him. I believed him....which is what Madoff's victims must be saying to themselves too.

 

 

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comicartcom

comicartcom

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the problem you have with some people is that the only time they contemplate doing something for other people is the very moment when cash is available, and once the cash is "in hand" their impetus evaporates. They have the cash, and they no longer feel the crushing need to complete a deal.

 

It's the same as when you're supposed to speak to someone to do something and you put the note on your desk, meaning to call them later. Each day that goes by, you push the note further and further away until the need to speak to them becomes less and less important.

 

Then, for some people, being hassled because they didn't hold their end of a bargain, they start to feel you're just a pain in the rump and they don't want to complete the deal because "you're giving a hard time" so they feel "because you gave me a hard time, I'm not doing it for you and I'm keeping your money for the hassle"

 

of course, it's just low moral character because they feel they're the center of the universe and you're just an asteroid passing through their gravitational orbit for a few minutes and are soon forgotten.

 

I don't know this guy, but after 45 years selling and buying, I've seen it enough times to know the deal. The mistake is paying for anything before it can be delivered. Just like paying for a condo or house that isn't finished before the developer goes belly up. Except Craig ain't no developer

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thethedew

thethedew

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I also recommend taking the Convention option.

 

If you can travel, you can either monitor convention guest lists, or see if 'problem' artists announce by their own blogs etc their convention appearances, and plan your travel accordingly.

 

If travel isn't a viable option, I've actually had some success with arranging certain artists get invitations to my local convention, that way they come to me. That can't be arranged every time, of course.

 

Once it's confirmed that you're going to be face-to-face at a convention, I'd strongly suggest cheerful but direct communication in advance. 'Jumping' them at a show won't be productive. Let them know weeks ahead of time that you're attending, and that you expect the commission to be executed by the time the show is done. Present it as a great opportunity for the artist to 'get you off their back.' Briefly remind them again a week out from the show. I think most artists wouldn't cancel a convention appearance to avoid one attendee, especially if the communication has been positive.

 

And if you can't travel, consider asking for help. There may be members of this board who might be willing to act as your agent at a convention, should they be in a position to attend in your place.

 

It's funny, I feel the same reluctance to pester an artist as the rest of you, and I know I can trace my feelings right to the Michael Golden 'Patience is a Virtue' fiasco from a few years back. Regardless of right/wrong from that incident, I think it was a 'shot across the bow' for a lot of collectors who are perhaps now a little gunshy to appearing to come across as a pest. I know I don't want the commission I've been waiting for to end up as my favorite character 'flipping me the bird'. My personal feelings, of course.

 

Andrew

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comicartcom

comicartcom

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I know I don't want the commission I've been waiting for to end up as my favorite character 'flipping me the bird'. My personal feelings, of course.

 

Andrew

 

something to think about.. How will you feel about getting that art from Craig now?

will you be desireous of the art, or will you feel anger everytime you look at it now seeing as it was such a pain in the [bleep] to get it?

 

I would probably have reached the point of just wanting my money back by now as I wouldn't have any interest in the art and the emotional disappointment I would feel everytime I look at it.

 

Who wants to look at a piece on the wall and think to themselves "this artist was such an [bleep], I can't stand thinking about him anymore. Time to get rid of this piece of [bleep]"

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Michael (OML)

Michael (OML)

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Andrew and Rich,

 

Let me answer your questions:

 

 

With respect to the Golden situation, all of the commissioners who got "Patience is a Virue" were offered full refunds if they returned the artwork. All but one of the folks chose that. I think Michael came out worse in that one -- he drew several commissions as a sort of "screw you" to the commissioners and then ended up refunding their money and being stuck with crappy commissions. Kind of a waste of time for him I'd imagine.

 

As for me and Craig, how will I feel. At this point, I'd prefer my money back. If Mr. Madoff (oops, I mean Craig Hamilton) would prefer to do the commission, that too is fine. Over time, I am sure my feelings will move from anger to apathy.

 

I do tons of commissions and I'm really tired of getting ripped off by a few bad apples.

 

 

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comicartcom

comicartcom

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I want to thank those who have written me offline and encourage you folks who have said privately about waiting 5 years for Artist G or six years for Artist S. That is way too long if they have taken your money. Soon enough the statute of limitations will run out.

 

statutes probably already ran out for all three of you

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comix4fun

comix4fun

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I want to thank those who have written me offline and encourage you folks who have said privately about waiting 5 years for Artist G or six years for Artist S. That is way too long if they have taken your money. Soon enough the statute of limitations will run out.

 

statutes probably already ran out for all three of you

 

Depends on some factors, where the contract was created as some states have contract SOLs that can be 10-15 years in length.

 

Also SOLs can be calculated from the date of the breach of contract and not the date of execution. So if someone's set up a commission 6 years ago and wasn't to take delivery until 2 years later the clock doesn't start until the artist doesn't perform in the promised time line.

 

Lots of what ifs and questions that need to be answered before we know if they are ok or SOL on the SOL.

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comicartcom

comicartcom

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I doubt any situation here involved a written contract. I suspect they are all verbal agreements. Most states, the kind of civil issue this is would have a 12 or 24 month statute and it is a civil issue, not a criminal one unless you can prove that said behavior is a result of an ongoing compirarcy to defraud people of their commission money. I don't think anyone meant to defraud, so it stays a civil issue. In court, if such cases can be adjudicated within the statutes, the rulling wold almost certainly be "art must be delivered and to the customer's satisfaction within X time period, or monies must be returned by X date"

 

concerning police filings: you can file a claim with the police, and it will go into a file.. and it will remain there. They have much more important work to do like solving burglaries, murders and assaults. Your claim would be so far to the back of the line it's invisible.

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pinupcartoonguy

pinupcartoonguy

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Wouldn't e-mail correspondence constitute a written contract? That said, very few of these cases are, for a practical matter, worth pursuing in either criminal or civil court. Really, the best that can be hoped for it to shame an artist into refunding moneys and preventing others from being similarly burned.

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comicartcom

comicartcom

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Wouldn't e-mail correspondence constitute a written contract? That said, very few of these cases are, for a practical matter, worth pursuing in either criminal or civil court. Really, the best that can be hoped for it to shame an artist into refunding moneys and preventing others from being similarly burned.

 

not unless it was specifically stated that said emails constitute changes or addendums to any such contract. The emails don't neccessarily extend any period in which to file a claim anyway and said contract begins on X date from which the clock ticks. Really, what you have is an unfilled order. It's that simple.. The artist is best suited to deliver rather than refund, especially as it costs him is time, for which he is paid and we're all sure he would prefer to keep the $$$$. Non-delivery in this case and in similar cases is just poor business that costs more in the long run. Craig should just deliever and when he delays, he should stand up & deliver a better piece than he was contracted which wipes away the bad feeling, and it also acts an admission that it was his fault and he sees that. It's an excercise in foolishness on his behalf that is really very easily rectified

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