Denied access to construction site-advice?

[Catobra]

Near me they have recently torn down many houses from the 50's/60's on many acres and the site is now just construction equipment (earth mover-type). It looks like they are just starting to bring in the ugly yellow construction dirt now and it is moving fast. There are rumors that it is to become a Walmart. A sign posted lists the developer and I just emailed him and asked for permission for myself and a few others to hunt there. If permission had been received, my intention was to let the first few serious responders from TN in the area know we had received permission and possibly hunt with them.

Even though I stated that we would sign hold harmless waivers and were "professionals" who would not harm anything on site, the response received, though very curteous, was negative due to insurance reasons.

I am sure people have been through this before. Is it just a dead end or is there anything more that I can do to get permission to hunt there?

Thank you for any help!

 

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[Bum Luck]

I have a very firm grasp of RE/property law in a dozen plus states, have full respect for business activity/construction projects and sometimes even wear the white hat myself.

The reason I advise against asking a PM, GC or supervisor of any type is because rules are rules and with every company I've ever worked, the rule has always been to never give anyone permission to do anything.

The unwritten rules are different and we'll often look the other way if someone appears to be harmless and stays out of the way.

My advice in an earlier post was solid and included staying away from busy sites and never getting in anyone's way. Respecting the property and project was implied and shouldn't require discussion as it is a matter of common sense.

Regardless, it completely acceptable under the law to obtain permission from anyone working on a site because (unless specifically stated otherwise) when someone is given permission or hired to be on a property they are also given the authority to allow others onto the property.

Well, I've been around the block on construction sites myself for about 40 years for a living and profession.

I don't think that 'anyone' has the authority to grant you access to the site, and it may be a legal problem for them, as well as you. I was actually in a legal situation like this years ago with a District Attorney, and it hinged on 'reasonable' belief on my part that I had valid permission from someone that had the authority to give it. I think that it's pretty obvious that a laborer doesn't have that, and good luck with that with the DA.

We haven't talked much about the ethics of our hobby, but if I knew I was not being straight up with folks, I wouldn't do it.

 

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[Catobra]

Bum Luck is absolutely correct:

"I don't think that 'anyone' has the authority to grant you access to the site, and it may be a legal problem for them, as well as you."

In legal/court/contract situations, only certain people who work for X company have the authority to make decisions/sign documents etc. If permission is given or a document/contract signed by anyone other than those with authority, not only is the permission or document void, but the person who gave permission or signed can be held liable. Depending on the circumstances, liability could be as "simple" as that person losing their job or having a lawsuit drawn against them by X company and/or the other party. In any case I certainly would not want to be the one to start such a storm just because I wanted to hunt a site so badly.

 

[Keppy]

Well all i can say about this.........is........ that you were denied access........ So that means you can not go in there .. And there is nothing we can do about it and nothing you can do about it......... End of story...........

 

[TerryC]

Ask for the GC.... General Contractor. He is "the voice" of the owner. I don't know if this was mentioned. I did not read all posts in entirety. TTC