Last payment on a 3 payment Bronze?

[Sculptor7]

Anyone have any negative experience (as I have had) with getting the last payment on a bronze commission; that is, when the piece is delivered to the site? In one instance everything worked out okay but there was a bit of a hassle with the ad hoc committee who commissioned it. Not because of any problem with the piece, just their financing. Want to insure that does not happen again. How about a bond insuring same?
Most of my work has been handled fine but in a larger commission if the payment schedule is the somewhat traditional: approval of the sketch model; approval of the plaster or wax; and finally, approval of the finished bronze when delivered to the site, that last payment is sort of vulnerable.

[GarryRicketson]

I am not much on legal stuff, but I think the bond insuring, would be helpful, or make sure they at least have the money to be able to pay, Ie: credit check. I used to do some sign painting, and occasionally ran into that, and on one occasion, that is what I did, but since I couldn't remove the paint, I painted over it,..another sign company I worked for,big neon signs, in Reno, Nev. Occasionally that is exactly what we had to do, the boss would send us some where with the "crane" truck, and we would take down the entire sign.
You could make sure, that it is stated in the contract too, that is the final payment is not made within X amount of time, you could remove the sculpture,..I know in a case of a large,and or heavy piece,this could be difficult,..and would be a last resort. But if they don't complete they're end of the deal, and don't pay, take the sculpture back, remove it. Hopefully later you could sell it and reinstall it to someone, or a organization that had the money.
from Garry

[Chris_Johns]

It's pretty normal to put a clause in your terms and conditions which states ...

'[Company x] retaints title to all goods and materials until payment is received in full.'

...or words to that effect.


It also helps a lot to have a good, clear contract which sets out the responsibilities of all parties involved, this makes it much harder for a client to wriggle or prevaricate. For example set out the conditions under which payment may or may not be withheld.

In the same vein it is also sensible to put a line in the contract which says something like 'It is understood that the artist has final discretion in the interpretation and articulation of the brief and specification. Subjective aesthetic or artistic judgements of the client shall not constitute a reason for withholding payment. '

Assuming you have sent them an invoice the next step would be to send them a statement, then a formal latter requesting payment, warning them of legal action if they don't pay up.

Large organisations can often drag their feet a bit in paying, the best approach is to keep politely pestering them without getting too heavy handed if you don't have to.

Ad-hoc project committees and private individuals are inevitably more of a risk. Personally I would usually ask for full payment in advance of final installation , giving them the opportunity to inspect the work beforehand.

[Sculptor7]

Originally Posted by Chris_Johns

It's pretty normal to put a clause in your terms and conditions which states ...

'[Company x] retaints title to all goods and materials until payment is received in full.'

...or words to that effect.


It also helps a lot to have a good, clear contract which sets out the responsibilities of all parties involved, this makes it much harder for a client to wriggle or prevaricate. For example set out the conditions under which payment may or may not be withheld.

In the same vein it is also sensible to put a line in the contract which says something like 'It is understood that the artist has final discretion in the interpretation and articulation of the brief and specification. Subjective aesthetic or artistic judgements of the client shall not constitute a reason for withholding payment. '

Assuming you have sent them an invoice the next step would be to send them a statement, then a formal latter requesting payment, warning them of legal action if they don't pay up.

Large organisations can often drag their feet a bit in paying, the best approach is to keep politely pestering them without getting too heavy handed if you don't have to.

Ad-hoc project committees and private individuals are inevitably more of a risk. Personally I would usually ask for full payment in advance of final installation , giving them the opportunity to inspect the work beforehand.

The last paragraph of your reply is where I am headed. All of the above; all the legal commitments and clauses in the world do not do a thing for a sculptor who does not want additional legal expense and, having delivered a bronze, is not in a position to remove it. Ad-hoc committees have a way of disappearing into thin air with no one assuming responsibility. It has been suggested to me to have a bond insuring that the full amount is being held in escrow which I think is also a good idea but....my final feeling is: payment, then bronze, in that order.

[Owen Weng]

I wound think the best way to handle this issue is to have the commissioner pay you the final payment before the sculpture is shipping for installation.
If that not happen, at least let the client make a written promise to pay you.
I think it's necessary in this economical situation.