Charles J. Hecht
The preservation of an outdoor sculpture is important to the artist, the owner
and the persons who are to view and enjoy the sculpture for many years. But preservation
requires careful planning and an appropriate contract at the time the sculpture
is commissioned or sold. It is incumbent on the artist to utilize materials and/or
finishes to maximize the life of the sculpture as originally conceived and executed,
unless the sculpture, by design, is to rust, erode or rot away over time.
The best way to protect the integrity of an outdoor sculpture, assuming the sculptor
has used the correct materials and finish, is to enter into a contract with the
purchaser. In connection with that contract it would be a very good idea to consult
with a local conservator group or art department of a local university prior
to finalizing the agreement. The conservator[s] or university will be in a position
to advise on local climate, soil and other conditions that will affect the proper
maintenance of the sculpture. Also, the sculpture must be analyzed to ascertain
potential areas of rust, weakness or spoliation by others, including dogs, deer
and birds.
The contract’s maintenance provisions and their budgetary support should be binding
on any assignee or transferee. So should clauses requiring periodic inspections
of the work (with photographs taken of the piece and a condition report written
up by the inspector); regular maintenance(such as resealing, regrouting, cleaning
or repainting as needed); immediate notification of the artist in the event of
damage; a requirement that the artist meet with someone to discuss the best response
to the damage; mediation if there are disagreements over how best to conserve
the work; and monetary damages to the artist if the owner, or the transferee,
fails to live up to the maintenance agreement. In certain instances you may want
to consider requiring the use of a maintenance company experienced in the care
of sculptures, or a local conservator or a university art department. Certain
sculptures may require sequestering in storage during seasons when the weather
could seriously damage the sculpture.
