While Certs breath mints supposedly offer social insurance of a kind, CERTS is also industry shorthand for an actual insurance product: CERTIFICATES OF ADDITIONAL INSURED.

So what is a CERT and why are they used?

CERTIFICATES OF ADDITIONAL INSURED are documents obtained by vendors such as art handlers which permit them to do work in many public and private buildings. They serve to assure the risk managers of the job site that the company coming onto their premises carries proper insurance on their crew and coverage for any damage that might be caused by that crew during the course of their work. Without proper CERTS in place, entry is denied to the vendor, so this is no minor detail.

What types of CERTS are involved?

Typically the building in question will ask for two types of CERTS: one which shows that the vendor has current Workman’s Compensation Insurance and one which shows proof of General Liability insurance and the amounts of that coverage. The CERTS in each case are issued by the vendor’s insurance carrier and name that specific building or location as a temporary ADDITIONAL INSURED under the terms of the vendor’s policy, for a specified date or date range. By obtaining this coverage the property owner is limiting their risk and essentially “piggy backing” on the vendor’s policy coverage.

So if FINE ART SHIPPING sends a crew into a condo lobby and one of our crew puts a nail into his thumb, the building is reassured that the worker is properly covered by our Worker’s Compensation policy and will make no claim against theirs. Similarly, if our truck backs into the dock and runs over a prized potted palm in the process, the claim will go to our Liability Insurance carrier and not to the building’s own insurer for recovery of costs.

Screening tool

In addition this is an expedient way for the property owner essentially to screen the credentials of companies. Many “one man and a van” art handlers and installers don’t have such policies and so cannot provide CERTS. We get many job referrals each year from such independent operators. It isn’t necessarily a matter of skills – many independent installers are professional and talented – but typically it takes a larger operation to maintain insurance coverages at the levels required by major major metropolitan properties.

What about individuals having work done at a home or office?

If you are a small business or residential customer, it is a good idea to inquire whether an art handler who will perform installation or other services at your location is properly insured.  Short of requiring a CERT, you protect yourself from possible liability if a worker is injured at your location, or from a claim against your own liability insurance in the event your property is damaged by the vendor. Consider this: if a worker sustains a serious injury at your location, and his employer has no worker’s comp coverage, who will he or she look to for payment of potentially serious medical bills? They may well claim that some condition existing at your property contributed to the accident, and you will be forced at the very least to defend against this. You may have exposure simply for not checking that the employer had the legally required insurance for his crew.

Or if a vendor’s truck parked in your driveway loses its brakes and crashes through your pool house, a business without liability insurance will leave you only two choices: an expensive lawsuit against a company with unknown assets, or a claim under your own liability policy which may well raise your rates for the future.

So while a CERT does not offer a rating of that company’s skills, it does signify that the company is operating legally, is most likely solvent (paying their premiums!) and that they are considered insurable in the marketplace. From a risk manager’s point of view, this is as good as fresh donuts on a rainy Monday morning.

Betsy Dorfman

The most recent and local controversy over museums de-accessioning artworks involves a decision by the Orange County Museum of Art to sell multiple artworks to a private collector. Having learned of this transaction only after the fact, the Laguna Art Museum lodged a protest, upset that they were not offered an opportunity to acquire the artworks in advance of the offer to a private citizen.

http://latimesblogs.latimes.com/culturemonster/2009/06/ocma-sells-paintings-to-private-collector-prompting-criticism.html

Without knowing the details, and having a working relationship with both museums, we have no interest in taking sides, except to say that hopefully the new owner of these artworks will see fit to lend them early and often. As is obvious the basic difference between works held so-called publicly, in museums, and those held privately, does often come down to a matter of access. But there are museums who hold art off public view and, likewise, some private lenders whose artworks are out on loan more often than not. Some lenders loan freely, some sparingly, and some grudgingly. In 25 plus years of dealing with lenders and borrowing institutions we have pretty much seen it all. We thought you might enjoy a peek into this process which is not as cut and dried as you might suppose.

In some cases purchasers of high end artworks agree to loan the work to bona fide requestors as a part of the acquisition process. In other cases no guidelines apply and it is simply up to the borrowing institution to contact owners of prospective works and convince them to participate. Such convincing can be a simple phone call or a long process involving delicate negotiations over many weeks or months.  Luckily, that’s not our turf.  If these efforts are successful a loan agreement is drafted which sets forth various stipulations such as term of the loan, conditions of transport, insurance, etc.  We generally come into the picture once the loan agreements are in place; we receive an inventory of artworks and a corresponding list of lenders. It is our responsibility to contact the lenders to arrange packing and transport to the exhibition venue. On paper, this is all very organized. In real life, not so much.

Hi, this is FINE ART SHIPPING and we’d like to arrange a date this week to pickup the Prestigious Artwork which you are kindly lending to the Prestigious Museum Exhibition next month.  Hello ?  Hello?

Some lenders, having agreed to the transaction some time ago, change their mind or, let’s say, their enthusiasm diminishes once the reality of giving up the artwork becomes apparent through our phone call. We leave messages, they don’t call back. Or they do call back, and claim the loan agreement is faulty in some way. More delay. Or, the artwork it turns out has been taken to their ranch in Montana, and the caretaker can only be reached there on alternate Thursdays by meeting him in town at the feed store. Where there’s a lack of will there’s no way.

Other lenders could not be more helpful, but experience separation anxiety once our art handlers actually arrive to collect the piece. In one case, a lender actually cried, seeing the bare space left on the wall where her favorite “child” had lately hung. We moved another favorite over from an adjoining room to compensate, calming her down and making the room livable again. At the other extreme, we’ve shown up only to be waved into the living room with an offhanded “take whatever it was you came for…” as the housekeeper or spouse went on with more pressing business.

I once had the personal trainer of a lender who was out of town sit me down at a table and go over every comma in the loan agreement, occasioning many calls back and forth to the museum representative, before “Hans” would release the piece. We were supposed to wrap the painting, but I was so fearful Hans the Inquisitor would change his mind that I simply picked it up “naked” and carried it out through the lobby. The (by now new) security officer on the desk apparently had no problem with a person he had never seen before carrying a valuable painting off into the sunset.

Then there are the occasional lenders who try to get our crews to do extra work, tacitly or even not so subtly expecting that such activity will be billed to the borrower or organizer of the exhibition. Take the artwork off the wall? Sure. Put another painting quickly in it’s place? Reasonable, if essentially a switch of like sizes. Bring the two heavy framed antique mirrors and the chandelier in from the garage and install them “so the room will look nice again”?  I don’t think so. Upon return from exhibition, some lenders see this as a chance to re-position all the art in a room or to have us unpack and install a few new paintings that have arrived in the meantime. Generally this works out, and lenders are able to separate (and be willing to pay for) services beyond what is included in their agreement with the borrowing institution. Sometimes the institution agrees to pay even for quite outlandish “extras” based on the deep pocket status of the benefactor in question. Basically, “do whatever they want and try to get the hell out of there” is the instruction, delivered with a sigh. Every art handler has stories of moving the refrigerator out to the pool house, or switching dressers in upstairs bedrooms, all in the normal course of putting a 20 x 20″ framed artwork back on the wall in the den. Lenders have to be made happy, on this the art world depends.

Betsy Dorfman

Every once in a while, a crate will pass through our warehouse with those air-filled plastic feet, each in the shape of a torus with one flat side, such as Skid-Mates by Hardigg Cases. They come in several densities to support different loads, indicated by a color code. These “donuts” are occasionally used in lieu of skids in the art shipping industry (more often in the general shipping industry), presumably to add that extra bit of cushioning between the crate and the floor, or to create forklift access for loads shipped without pallets or custom skids.

For each plastic-footed crate that comes and goes without incident, one or more have shown up with a crushed or missing foot; sometimes more than one. An incomplete set of feet obviously makes for an unstable crate. Those aren’t much fun when they are tall, thin and six hundred pounds or more. This can be especially serious for anything that shouldn’t be tilted, much less rocked back and forth throughout its transit. For this reason, I like to keep a few different types of donuts around the crate shop. When a crate passes through with such a problem, I simply slap a new one on wherever it is needed.

That said, I am of the opinion that plastic donuts have no place in custom art crating. By “custom” I mean crates that you design and build to unique specifications; as opposed to prefab crates and pallets for, say, a beer bottling plant. Any crate that doesn’t pack an artwork sufficiently on the inside is in trouble before it’s built, and needs to go back to the drawing board. Why not design an adequate crate and then add a little extra cushion to the outside? Because that can easily lead to taking the donuts into consideration when designing the interior packing in a crunch. Such a thing might never occur to you or me, but somebody out there is doing it right now because they are on a budget and in a hurry. If your custom art crate needs donuts under it, you’re doing it wrong. There are better ways to give your shipment multiple and separate levels of cushioning.

But donuts are not merely unnecessary on a good art crate. There is a reason or two not to use them. As I mentioned before, they come with different load strengths so that you can take the crate’s weight into account when balancing the sturdiness needed with a bit of cushioning. But what if your crate with well-balanced donuts is dropped on one edge or corner, temporarily putting all of the weight on fewer donuts? Or what if another company’s crate is stacked on top of yours? Or two more? It would seem that the feet of higher densities would be the safe bet in terms of avoiding donut failure, but that would often as not eliminate most of the cushioning for which you have chosen to use them in the first place. However unlikely the scenarios above might sound, the fact remains that I see at least one of a set crushed more often than not.

Even when none of the donuts are damaged and they are doing their intended job, the exterior cushioning they provide can cause a tall and heavy crate to feel unsteady before any of the feet leave the floor. If a transport is not properly loaded with this in mind, it leaves the crate free for all kinds of motion during transit. Hollow feet designed for specific load ranges can always be exposed to unexpected and adverse conditions during shipping.

Finally there is the potential for damage of a more violent kind. In contests with forklifts, donuts always lose. Wooden skids can also be knocked off by wayward forks, but only if the crate is too heavy to be pushed away by the forks (or it is pinned in place by something like a wall), and if the skid is also broadsided by the shock. But in most cases wood skids are placed perpendicular to logical forklift access; giving a full-length beam of solid wood nowhere to go. So the shearing of a properly assembled wood skid is relatively uncommon. Custom skids also look better, as they can be designed as a solid, seamless part of the crate rather than just being pinned on as an afterthought.

In my opinion, donuts go with coffee – not fine art shipping.