Hewitt Claims Dismissed

The well-publicized battle between the "60 Minutes" executive producer Don Hewitt and the Wainscott-based Telemark Construction firm ended yesterday, as the Southampton Town Licensing Review Board dismissed all of Mr. Hewitt's claims of improper practices.

The Licensing Review Board voted not to take any action on Telemark's license to practice in Southampton. Mr. Hewitt's complaint, filed earlier this year, sought to have the town revoke or suspend the license.

The standoff between the TV producer and the building company dates back to a $650,000 renovation Telemark did on Mr. Hewitt's Bridgehampton house in 1993.

Mr. Hewitt complained Telemark had not only abandoned the job, leaving a kitchen ventilation system in violation of the fire code, but had overcharged, failed to pay its subcontractors, and had filed a fraudulent lien against the house to recover money Mr. Hewitt allegedly owed. The matter has been played out in the courts as well as before the Licensing Review Board.

The Review Board yesterday signed a resolution dismissing nearly all of Mr. Hewitt's claims. The board had called two public hearings and reviewed voluminous paperwork from both sides, before making a decision.

On the matter of the kitchen ventilation system, the board agreed Telemark was at fault. The company installed the system so that it vented into a basement crawl space, rather than outside - a fire code violation.

However, the board noted that the town's chief building inspector, Paul Houlihan, had testified "the violation was not a life safety issue but merely a nuisance."

That was not grounds to revoke Telemark's license, the board ruled.

The board also ruled that Telemark "did not willfully overcharge" Mr. Hewitt in connection with several change-work orders. Mr. Hewitt complained of expenses he was charged for that were not part of the contract.

The board ruled the builder had adjusted the contract properly and provided Mr. Hewitt documentation explaining the changes.

With respect to Telemark paying its subcontractors, the board noted "it is the general practice in the construction industry" for contractors to negotiate with subcontractors. The board also noted none of the subcontractors has filed claims against the builder for non-payment.

The board also addressed the $29,000 lien filed against Mr. Hewitt to recover money owed. The board ruled the amount of the lien was not "willfully exaggerated," as Mr. Hewitt claimed, but rather related to a settlement plan that had failed between the parties.

Roy Dalene, who runs Telemark with his brother, Frank Dalene, said he was relieved at the decision and called it a vindication. "It's been the biggest nightmare for us," he said.