Level 5- Communicating and Understanding Briefs- Pt2. Understanding and Organising Briefs

At university we currently receive our module assignments in the form of a brief, in hopefully the same format we would receive in the working world.

In these briefs we receive the details and specifications of the work needed, as well as learning outcomes and assessment criteria, which would probably not be included in a commission. However, what our module briefs don't come with is a binding contract of work.

Contract:
Noun

A written or spoken agreement, especially one concerning employment, sales, or tenancy, that is intended to be enforceable by law.

"he has just signed a contract keeping him with the club"

Most clients will include a written contract with their provided brief which ensures the artist will be paid in full according to the work required. A contract is a powerful thing in the world of business which is not easily broken without serious legal repercussions. A minor breach is not usually a huge problem as a material breach is, explained here:

"A minor, or nonmaterial, breach of contract entitles the non-breaching party to actual damages suffered.  Therefore, if your mechanic used a different brand of oil that was of at least the same quality as that named in your contract, then you likely would not have a material breach of contract.  You did not suffer any damages and may have, in fact, received a better product." [1]

A material breach is usually much more serious than a minor breach:

"A material breach is a breach that reaches to the heart of the contract’s subject matter and negatively affects the outcome of the agreement. The essential requirement for a material breach is that the non-breaching party did not receive the “substantial benefit” of the bargain.

A material or “major” breach usually has the effect of defeating the parties’ intentions in the contract. If the breach seems unfair or has gone beyond the terms of the contract, it is usually a material breach." [2]

An example of these breaches would be if a plumber was employed to install some copper pipe inside the walls in a bathroom. If he used silver pipe, which was actually of a higher or equal quality, this would be considered a breach of contract but a minor breach because there are no adverse effects on the quality of the work commissioned by the homeowner.

However if that same plumber used a very poor quality of plastic pipe which was prone to failure and could jeopardize the integrity of the wall structure and function of the plumbing, then this would be a material breach because there is a defect in the performance, safety and durabilty of the plumbing, which is the 'heart of the matter' so to speak. 

So if I received a contract in which I was to use acrylic paints but instead used gouaché with an acrylic medium to thicken it, and the result was better or the same than the envisioned outome, that would be a minor breach of contract and should be okay. If I took that same contract and used digital medias to produce the work, that would be a material breach because the 'performance' of the work would be affected and the client would not receive the 'substantial benefit' they wanted from the work.


Clearly, then, it is important to be able to comprehensively read and understand a given brief, and to uphold any contracts as needed. A brief can help an artist massively in that there is always a clear direction in which the work should be heading and the brief should always be kept near to be able to reference it. Unfortunately a brief can also be a hindrance in that your opinion may differ to the client's about some colour, composition or content within the work. In this case communication is an integral part of the commission as it may be possible to use your own personal experience and artistic eye to show the client possible variations of what they wanted.

Different people have different ways of organising themselves in regards to a brief. Some people highlight important parts or stick the brief where they can constantly see it, i.e. at the beginning of their working sketchbook or at the wall of their workstation. 

Personally I remember vital information from briefs easily such as deadlines and specifications, but I always write the deadline in my work diary and 'checkpoints' at which I should have 'chapters' of the commission finished. I also write at the deadline date the work required and the formats they should be in.

[1] http://resources.lawinfo.com/business-law/what-happens-when-a-contract-is-broken.html accessed 23/10/2014
[2] http://www.legalmatch.com/law-library/article/material-breach-of-contract.html accessed 23/10/2014