Avoid Craig Hamilton -- or move forward at your peril

[comix4fun]

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

 

 

Not entirely true. The exchange of emails where both parties make promises, set time lines, deadlines, expectations and forms of compensation the totality of the documents has been ruled a contract in more than one court.

 

What you said might have been true 20 years ago, but several laws and case law precedents over the last 10 years have established that a chain of emails may be used to demonstrate the formation of a contract.

 

So it depends on how the terms are laid out in those emails, but it's entirely possible that a contract could have been formed using the totality of the correspondence exchanged.

[comix4fun]

by the way.. Statute of Limitations has an interesting acronym

 

SOL

 

it's also an acronym for "Shyte Outta Luck"

 

 

That's what I meant by this...

 

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

 

we were thinking alike.

[comix4fun]

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,

 

Oral Contracts carry SOL's of anywhere between 2 and 10 years depending on the state.

[comicartcom]

Oral Contracts carry SOL's of anywhere between 2 and 10 years depending on the state.

 

in Nevada.. you've got 12 months

[comix4fun]

Oral Contracts carry SOL's of anywhere between 2 and 10 years depending on the state.

 

in Nevada.. you've got 12 months

 

 

I don't know who's giving you that advice but they are leading you astray...you've got 4 years on Oral contract claims and 6 years for Written contract claims in Nevada.

 

NRS 11.190

 

1: Within 6 years:

(b) An action upon a contract, obligation or liability founded upon an instrument in writing,

 

and

 

2: Within 4 years:

© An action upon a contract, obligation or liability not founded upon an instrument in writing.

 

Linky Dinky

[thethedew]

 

NRS 11.190

 

1: Within 6 years:

(b) An action upon a contract, obligation or liability founded upon an instrument in writing, and

 

2: Within 4 years:

© An action upon a contract, obligation or liability not founded upon an instrument in writing.

 

You guys aren't kidding around! (thumbs u

[comix4fun]

Important New Information for everyone affected by the Craig Hamilton situation.

 

Spencer Beck of The Artist's Choice just contacted me and told me that he was stepping in to try and help everyone with an outstanding commission, outstanding artwork order, or other issue dealing with Craig Hamilton.

 

Spencer knows Craig and has told me that Craig wants to make good on each and every one of his commitments and will begin to do that immediately. Obviously, the proof will be in the pieces completed and when, but this is some progress.

 

Anyone who has paid for a commission or piece of art and has not taken delivery of the piece or pieces should email Spencer at the following email address Spencerbck@aol.com with this information:

 

1) Date of the commission set up with any email to help support it.

 

2) Proof of payment (copy of canceled check, paypal receipt, etc.)

 

3) Emails or correspondence between the parties that describe the piece promised, date promised and any other important information.

 

These items will help Spencer organize all the information and attempt to place them in order from the most overdue to present. Obviously, proof will be necessary.

 

Spencer is not promising or guaranteeing that he can get Craig to fulfill all his commitments but he is willing to try for all of our benefit.

 

A big thanks for Spencer for stepping in and trying to right a major wrong in the art community.

 

[malvin]

Wow,

 

Good on Spencer for taking this on.

 

I'll believe it when I see it but at least something is being done.

 

Malvin

[Michael (OML)]

I put my commission agreements in writing with delivery dates almost 90% of the time.

 

As for the police, they will enforce laws and will arrest grifters. It is just a matter of what else is on their plate. There is a fellow who stole a CGC Wonder Woman comic that was arrested and jailed. I am not sure what happened with his case but the victim told me this story and I knew the prosecutor who confirmed it as true. I wouldn't be so quick to disparage the police -- they work very hard and will, time and resources permitting, look into car break-ins, etc. Yep, murder and armed robbery and other terrible crimes take priority but they do look into the little stuff too.

[Romain]

Good excuses artists can use:

 

I've only pencilled the left half.. part of my brain isn't working, so I can't pencil the right half

 

well I needed the money then, I don't need it now. So I'm going to wait until I need money again so my artistic juices are right

 

I mistakenly mailed your art out to AT&T with my phone payment.. I'm waiting for them to send it back

 

my dog chewed on your art. I'm going to chew on my dog

 

I'm busy studying fraud with Bernie Madoff. After we finsih the next scam, I have your art in the queue

 

I'll finish it after I have my ice cream

 

my dog peed in my paint can

 

my cat peed on my dog while he was peeing in the paint can, so there's lots of pee in my paint

 

and of course, I have no lead in my pencil.

 

I feel I have to join the thread even if I won't disclose the artist yet ...

I feel stupid for unlike you guys it never even occurred to me to hold on some of the money because I had full trust toward one of the artists of my childhood, even worse as I offered and paid 50% more for my commission as I believed he was worth it looking at the crazy price on ebay by the time ...yeah I have been living the exact same nightmare as described by all of you, it's been 3 years ( maybe more I honestly can't even remember now ) already and I'm still having excuses and promises !!! I sincerely hope to see the commission coming for this end of the year but I fear I'll have to finally expose the whole story ...

I agree also that I can't be sure to be happy after all even if I get it in the end ...My initial idea was to give the most of money and time for an artist I loved to make some exceptionnal work for me and all I will have at best is quick rid of pain in the of the stupid french fan (that's me )...and no it is not Jim Starlin I'm talking about ...Jim I never could reach him ...

[Michael (OML)]

Here is the scan I received today of the pencils for Defenders #1 One Minute Later from Craig Hamilton. As you can see, it looks like all is turning out well and Craig is making progress on knocking out another Hamilton masterpiece.

 

Craig promises to have the finished (inked) piece in the mail by early next week and wanted me to see the pre-inked pencils to show progress. I will post the finished piece as soon as I have it in hand. Fingers crossed!

 

I want to thank Spencer Beck, Erick Korpi and Bob Shaw for helping move this along. I need to especially thank Spencer because he is going to try to help Craig get caught up on any outstanding commissions. Get in touch with Spencer if you are waiting on a piece.

 

[Terry Doyle]

Here is the scan I received today of the pencils for Defenders #1 One Minute Later from Craig Hamilton. As you can see, it looks like all is turning out well and Craig is making progress on knocking out another Hamilton masterpiece.

 

Craig promises to have the finished (inked) piece in the mail by early next week and wanted me to see the pre-inked pencils to show progress. I will post the finished piece as soon as I have it in hand. Fingers crossed!

 

I want to thank Spencer Beck, Erick Korpi and Bob Shaw for helping move this along. I need to especially thank Spencer because he is going to try to help Craig get caught up on any outstanding commissions. Get in touch with Spencer if you are waiting on a piece.

 

 

Dr Strange is saying, "Patience is a virue, my green-skinned friend."

 

Hulk is saying, "Patience my , I want to smash someone!"

 

Namor is saying, "What's 'virue' mean?"

[AtlasFan]

Good excuses artists can use:

 

I've only pencilled the left half.. part of my brain isn't working, so I can't pencil the right half

 

well I needed the money then, I don't need it now. So I'm going to wait until I need money again so my artistic juices are right

 

I mistakenly mailed your art out to AT&T with my phone payment.. I'm waiting for them to send it back

 

my dog chewed on your art. I'm going to chew on my dog

 

I'm busy studying fraud with Bernie Madoff. After we finsih the next scam, I have your art in the queue

 

I'll finish it after I have my ice cream

 

my dog peed in my paint can

 

my cat peed on my dog while he was peeing in the paint can, so there's lots of pee in my paint

 

and of course, I have no lead in my pencil.

 

I feel I have to join the thread even if I won't disclose the artist yet ...

I feel stupid for unlike you guys it never even occurred to me to hold on some of the money because I had full trust toward one of the artists of my childhood, even worse as I offered and paid 50% more for my commission as I believed he was worth it looking at the crazy price on ebay by the time ...yeah I have been living the exact same nightmare as described by all of you, it's been 3 years ( maybe more I honestly can't even remember now ) already and I'm still having excuses and promises !!! I sincerely hope to see the commission coming for this end of the year but I fear I'll have to finally expose the whole story ...

I agree also that I can't be sure to be happy after all even if I get it in the end ...My initial idea was to give the most of money and time for an artist I loved to make some exceptionnal work for me and all I will have at best is quick rid of pain in the of the stupid french fan (that's me )...and no it is not Jim Starlin I'm talking about ...Jim I never could reach him ...

 

I would say that 90% of the time, I put 1/2 up and pay the remaining 1/2 after the artwork is completed. I am very leery of those who insist on 100% up front.

 

If you wont name the artist, how about a hint at what the subject matter of the commission was (unless knowng that will make it blatantly obvious who the artist will be).

 

[Romain]

Actually I never do commission and this one was my very first ...what a start ain't it ?

After threatening to expose the artist on the board, the CAF etc..I had this final promise I'll have it soon and well so I will remain vague on the subject ...

If I get deceived again I'll definitly disclose him right here and on the contrary should I finally get it and be happy with it I'll be fan again ...I guess and will let you know !!!

[thethedew]

This saga has had a happy-ish ending.... Yay! I'm sure details will be forthcoming very shortly.

[Michael (OML)]

Hi all,

 

Well, with great thanks to Spencer Beck (along with Erick Korpi and Bob Shaw), my very late One Minute Later from Craig Hamilton arrived today courtesy of Craig Hamilton and Spencer's Fed Ex account.

 

I think many of you know the saga of what it took to receive this piece. I have to thank Spencer a second time as aside from helping resolve the situation, he also provided the FED EX account to get the artwork to me. One of the really good guys! Thanks Spencer!

 

Onto the artwork, Craig did a really nice job and expressed to me that he felt badly about the extreme tardiness. He also told me that he wanted to put a positive message into the drawing that was not "patience is a virue" and so for those who are inclined, please check out Dr. Strange's cape where you will find the message.

 

I am very happy with the piece and want to thank everyone who helped in its arrival.

 

Please consider leaving a comment in my CAF -- http://outside-affiliatelinksnotallowed.com/22vppqg

[Michael (OML)]

For those who might like a bigger scan

[Bronty]

I give up what does it say?

[Claudio]

I give up what does it say?

+1

[Turtle]

It's tough without a bigger scan, but I think I may see an "ORR" in the cape lining in between the beams of light (down and right) coming from Strange's left hand. Possibly a "sorry".