Who do you ask to metal detect on construction sites

[AceShot]

There is construction going on near my house that was an old farm, and a tornado hit it a long time ago. And I just got a new metal detector that i want to test out

 

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[Treasure_Hunter]

I would say If you get a no on hunting because of Liability

something along this line
, "Would you mind If I detect without your Permission so you Don't have the Liability issue ?"

Considering its his job on the line good luck there...

 

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[Tom_in_CA]

.......Therefore, I would look for a Construction Trailer and ask to speak to the Job Super. If he signs off on your after hour md'ng I think you'd be good to go.

Sheesk, I don't know how things are in Florida, but doing that here, will be an exercise in futility. It would be like asking him "Can I sleep with your wife?".

 

[Nugs Bunny]

Please explain how private property becomes public property simply because construction is taking place.

Yeah don't ask permission because your gonna get told no... Really ya think? I though they just put up all those no trespassing signs for decorations.

This isn't about a public place please read the original post carefully... this is a construction project on an OLD FARM... Hence private property!

The top dog on the job cannot legally give permission on private property.

Now if you want to talk street tearouts... I'm around bridge and highway construction all the time... we have a MAJOR problem with theft.

We just had an entire truck full of equipment stolen from our yard on the side of the PA Turnpike... trespassers will be prosecuted because most of the time they are there to steal whatever they can.

I don't understand the need to push the limits and detect every place except where it doesn't pose a problem.

Construction projects do not give us amnesty to trespass... it doesn't matter if it's public or private if it's posted that means keep out.

There is no magic loophole, unseen angle or witty remark that is gonna change those facts.

 

[jeff of pa]

no matter how you look at it.
even if there is a No Trespassing sign every foot .
Unless your afraid of Being yelled at and called a
"Moron ! Can't ya see the Signs !!!!!!!"

it don't hurt to Ask

unless you knock on these guys door & ask to detect inside the back of the truck

 

[Nugs Bunny]

View attachment 1113647


no matter how you look at it.
even if there is a No Trespassing sign every foot .
Unless your afraid of Being yelled at and called a
"Moron ! Can't ya see the Signs !!!!!!!"

it don't hurt to Ask

unless you knock on these guys door & ask to detect inside the back of the truck

View attachment 1113648

My point exactly it doesn't hurt to ask!

As a construction worker I can tell ya the only people that would care would be the boss or the safety guy, the rest of us are only worried about a paycheck and what were gonna do after work... and the job of course lol!

 

[Nugs Bunny]

The top dog on the job cannot legally give permission on private property.--Nugs

Looks as if we have a difference of opinion here.

I'm sure pull tab prophet would agree they cannot give authorization to anybody for any reason. Like a prospecting buddy of the foreman could not be given legal permission to mine for gold on private property. They also could not give authorization to one with a restraining order for that specific property.

I work in power plants and on State and County Highways. I don't care what mill or plant or who the contractor may be, the contractor has no say in who comes or goes. ALL visitors must get authorization and take the safety course.

Highway work is slightly different. A general contractor is responsible for the ENTIRE project, they sub contract the work out to each specific trade. Each one of these trades has a specific worksite and construction area.

So the boss for the operators cannot grant access where the finishers are working. And while they can give access to sections of a construction site it's limited to aspects of construction.

That same contractor who takes possession of property to commence construction can be held liable.

Let's say he let's you metal detect around the site of my new home and I have video tape of you pulling out dozens of gold coins. Who do you think they would go to when I took it to court?

Yeah contractors can grant access, but on private property somebody still owns that property and still has all the rights associated with it.

For instance, say I didn't want a specific sub contractor on site, I could refuse the admittance even though the general approved it. My rights as the property owner are supreme except in cases of eminent domain and easements.

 

[Nugs Bunny]

Certainly an option if a person would get a "No" on detecting.

So let me ask you? Can one be cited for trespass on their own property?

 

[TerryC]

Asking the guys here for permission to hunt on a site they are not in control of is like asking a pilot to use his parachute just before he does..... as you jump out of the burning plane with it. No future in it for him so why should he? TTC

 

[Nugs Bunny]

The top dog on the job cannot legally give permission on private property.--Nugs

Yeah contractors can grant access, but on private property somebody still owns that property and still has all the rights associated with it.--Nugs

Contractors can grant access to their construction site for activity related to the construction project, they cannot LEGALLY grant access to an individuals private property for other purposes.

They can't invite their buddies over for a little deer hunting and metal detecting... they can't bring their family to try out the new pool they just installed...

They can give access to the roofers, the carpenters, the inspectors, or any other person directly related to the construction project.

Beyond the clear cut difference between aforementioned, common sense prevails for most of us here... the owner of the private property owns any objects in the ground... end of story!

 

[Nugs Bunny]

Generally speaking ,If the contractor is allowed to remove the top 6 inches of the soil they would not be required to make sure any items in that soil are returned to the owner. The contractor would also have the right to remove anything from that site that is not considered beneficial to the project. I could list many more but I think an owner in New York would not have to be contacted by someone in Missouri ,that would have control over a construction site, in order to allow someone to metal detect on that site. A person would have to be really looking for a reason not to detect to have that logic.

Well considering I've been a boss and quality control specialist on many jobs it's likely I have a firmer grasp on what contractors can and cannot do.

You don't know what regulation or code is about until you have worked for the State or the Feds... local Governments don't even compare.

I grabbed some of the stuff from my briefcase and took pictures, some of my certification cards were stolen... so I'm going to have to retake the classes for them.

My OSHA Confined Space, Mine Safety, Competent Person, and OSHA Fall Protection cards are gone. The Fall Protection was a train the trainer card, it's so I can give certified OSHA training for fall protection.

All this paperwork has to be read, understood, and complied with... along with another stack that gets filled out. I interact with State Engineers, State Inspectors, Private Consultants and the foreman of all the other trades so we can coordinate work schedules and traffic closures.

 

[Nugs Bunny]

Generally speaking ,If the contractor is allowed to remove the top 6 inches of the soil they would not be required to make sure any items in that soil are returned to the owner. The contractor would also have the right to remove anything from that site that is not considered beneficial to the project. I could list many more but I think an owner in New York would not have to be contacted by someone in Missouri ,that would have control over a construction site, in order to allow someone to metal detect on that site. A person would have to be really looking for a reason not to detect to have that logic.

Well I'm going to speak specifically and not generally...

That top six inches of soil would first have to be tested to make sure it non hazardous, then they would keep track of it to the final destination.... This is called chain of custody.

A property owner generally will hire a private consultant to inspect the work... Or a representative of the owner will oversee the work. An average citizen isn't going to build a house in MO if they live in NY.

Now let's speak generally...

Let's say Joe Smoe from Idaho hits the Lotto and wants to move to MO... so he pays Kemper Contracting to build his dream home on the best metal detecting site West of the Mighty Mississippi.

Thing is he cares less about detecting... he loves playing ball with his boys, barbecuing and cutting his lawn... he loves a good lawn.

Now when he gets there to move in... first thing he notices is ALL the topsoil is missing... do you think he is going to take you to court?

If you have no valid reason most likely it would be considered theft. At a minimum you would be liable to have new topsoil trucked in, spread out and reseeded. You also wouldn't be in business long!

Sure if the owners wanted landscaping or the plans required it would be necessary... but for the SOLE purpose of harvesting any possible goodies... well thats just outright theft.

In Gold Country he could even claim you violated his mineral rights and stole minerals from his land... just because you are building something for somebody does not mean you can pillage their property.

 

[cudamark]

Sheesk, I don't know how things are in Florida, but doing that here, will be an exercise in futility. It would be like asking him "Can I sleep with your wife?".

And you might get a YES to both questions......but I might be too much in shock to partake in either one!

 

[cudamark]

If I get a YES at a construction site (by anyone), I'm not going to second guess their decision or question their authority. The legal burden shifts to them IMO. If someone else higher up in the food chain has a problem with the permission, it's between them two, not me. I did the right thing by asking, it's not my fault (or obligation) to determine what, if any, authority they actually have. I mean, what would constitute authority? Would you want to see their I.D and ask for a copy of the land deed? Jeez guys, we're talking about detecting here, not burying nuclear waste.

 

[Nugs Bunny]

I would encourage people to not be discouraged by a large amount of fluff that may not be applicable to your situation in regards to detecting a construction site. Don't be afraid to ask someone in authority on the site. Go there looking for a reason to detect rather than a reason not to detect.

Whoa back the truck up!!!!

This was about liability for removing the top six inches of topsoil or letting somebody metal detect the property without the owners consent.

Some people would call that large amount of fluff... credentials.

What would a foreman on a State Project know about codes, regulations and policy?

I'm the guy your gonna ask... and the guy that's gonna run ya off site too... keep that in mind next time you roll up to a highway construction project.

I have MAJOR deadlines and concerns with the project and don't have time for little kid games and guys with hobbies... Every second I talk to you costs my job money and lost production.

 

[Nugs Bunny]

If I get a YES at a construction site (by anyone), I'm not going to second guess their decision or question their authority. The legal burden shifts to them IMO. If someone else higher up in the food chain has a problem with the permission, it's between them two, not me. I did the right thing by asking, it's not my fault (or obligation) to determine what, if any, authority they actually have. I mean, what would constitute authority? Would you want to see their I.D and ask for a copy of the land deed? Jeez guys, we're talking about detecting here, not burying nuclear waste.

The answer you're going to get is "No" or "I don't care what you do after we leave" but let's say John Doe laborer #1 one gives you permission.

So there you are detecting and a cop rolls by, he notices it's posted so comes over to see what's going on.

You ensure him it's ok as John Doe laborer granted permission, he is going to verify this by contacting the construction company or the superintendent... not John Doe laborer.

They are going to say "Nobody is to be on site for any reason!" this is a liability issue, they are not trying to spoil the fun just to be mean.

If any thing is vandalized or missing and one is caught on site, they will be blamed for it.

I'm going to tell ya the secret... get the foreman's number, this way if a cop would approach you after hours you have an immediate contact that can resolve the situation.

Tell him you walk the dog, metal detect, jog, ride the bike or whatever past there all the time and will keep an eye out on things.

I paint bridges in town too, and have approached many people for that exact reason, we have even paid folks to watch the equipment.

 

[Diggin-N-Dumps]

Ive never been told No on a construction site. Of course Im not in thier way and they can tell by my demenor Im not going to steal anything. They usally just watch me or ask me questions. One time they were taking some dirt out of an area to pour concrete

So I asked if I could hunt the pile, which I ended up finding a couple Mercs with just my pinpointer. I showed the guy before they left and they thought it was cool, they even told me if I wanted the dirt, I could have it. Which I thought was odd, but I guess it would have been cheaper then having them pay to have it hauled.....really wish I knew where that dirt ended up

 

[Diggin-N-Dumps]

its funny, because Im posting on this thread....which is almost the same as the other thread im posting on about people saying NO

See that little heap of dirt in the background? That was my "paydirt" lol...and from the picture..you can tell I was on the INSIDE of the fence..with the Permission from the Construction company...They just told me not to walk on the rebar..lol

 

[Nugs Bunny]

This is from my personal copy of the Ohio Department of Transportation's specs.

514.07 Protection of Persons and Property

"If the contractor causes any damage or injury to public or private property, the Contractor shall restore the property to a condition similar or equal to the condition existing before the damage or injury."

 

[Diggin-N-Dumps]

This is from my personal copy of the Ohio Department of Transportation's specs.

514.07 Protection of Persons and Property

"If the contractor causes any damage or injury to public or private property, the Contractor shall restore the property to a condition similar or equal to the condition existing before the damage or injury."

View attachment 1114646 View attachment 1114645

How I read it.... "Just fill in the holes"

 

[Nugs Bunny]

How I read it.... "Just fill in the holes"

I'm not disputing people can get permission, or claiming one will get the riot act for detecting any construction site out there.

I'm saying it's a judgment call, and to ask the main contractor... not a basic foreman or worker.

Owners of commercial property would probably care less if somebody detected the property, but maybe not always the case if it was a private home being constructed.

How would any of US feel if we were having a house built on land with plenty of history... and the foreman's buddies pillaged all the good stuff from YOUR property... leaving you a few rusty nails pull tabs and stinkin' Lincolns to detect.

I don't think the owners of BK or Mickey Dees are worried about a few old dimes, they are more worried about getting sued. Remove the liability and there will be no objection...

My advice as a foreman to all of those who wish to detect a construction site is to get permission along with a phone number.

If it's posted and a cop catches you there he can charge ya with trespassing, you may clear it up... you may not. That is why one should have a contact number.

As seen in other threads, that still won't always keep one from getting booted.