# Chester CT man accuses Middlefield building inspector of wrongdoing; inspector denies



## mark handler (Jan 8, 2012)

Chester CT man accuses Middlefield building inspector of wrongdoing; inspector denies breach of contract (video)

Friday, January 06, 2012

http://middletownpress.com/articles/2012/01/06/news/doc4f0693bf3b7b0940975628.txt

MIDDLEFIELD — A Chester resident lodged allegations against the town’s building inspector during public comment at Tuesday’s Board of Selectmen meeting and questioned the inspector’s ability to serve the people.

“If your town values its residents, its reputation and wants to protect itself, I suggest you closely examine Robert M. Meyers’ past and qualifications to be a public official representing Middlefield,” Joseph M. Cohen told the selectmen in a letter he submitted prior to the meeting, attempting to persuade the officials to look into the building official’s work history.

Subsequent to his termination by Cohen, Meyers — a former general contractor — is being sued for allegedly breaching a contract to construct a single family home at 11 Kings Highway in Chester. Cohen purchased the property in the fall of 1999.

Meyers has filed a counterclaim accusing Cohen of libel and slander, and is denying any wrongdoing. No longer a builder, Meyers now takes home a salary of $37,813 working his 21-hour per week part-time job for the town of Middlefield.

In 2008, Cohen was provided with a list of recommended builders. Among the listing was Meyers, an East Haddam resident who — at the time — owned and operated a housing construction business in town called Robert M. Meyers Inc.

In 2009, Meyers solicited Cohen, claiming he was a registered new-home contractor, Cohen said. But Meyers did not have a valid registration while the two were in discussions about performing work at the one and a half acre building lot, Cohen said.

According to the Department of Consumer Protection, Meyers held a new home construction registration from Oct. 1, 2005, to Sept. 30, 2007, then again from Oct. 1, 2007, to Sept. 30, 2009, and from July 30, 2010, to Sept. 30, 2011. Department officials reported that Meyers also held a home improvement registration from Dec. 1, 2005, to Nov. 30, 2009.

Two days after Meyers received his new home construction registration in 2010, Cohen and Meyers signed a contract.

“Prior to signing the contract, Robert Meyers represented himself as properly licensed and insured,” Cohen said

The Department of Consumer Protection reported that the contract provided by Meyers did not meet the state of Connecticut requirements as a valid contract.

At Tuesday's selectmen meeting, Cohen also accused Meyers of completing other building jobs during the nine-month gap when not holding a valid registration. The Department of Consumer Protection has not released any information of prior client complaints.

Cohen alleges he paid the part-time building inspector a $53,500 deposit and subcontractors $3,250 to start on the construction, but once he was fired “refused to return any money including about $45,000 that was not spent.”

Because of this, Cohen sought a pre-judgment remedy against Meyers and won, which required Meyers to put $38,000 in an escrow account. The court also gave Cohen a lien on Meyers’ house at 76A East Haddam-Colchester Turnpike.

As a general contractor, Meyers was responsible for the day-to-day oversight of the construction site and for providing all of the material, labor and services necessary for the construction of the project. Other tasks may include applying for building permits, securing the property and providing temporary utilities on site.

Cohen accused Meyers of taking on work at the property site without receiving a building permit from the town zoning compliance officer.

“Without waiting for the building permit, Meyers started excavation, blasting and putting foundation footing forms in place,” Cohen said.

This allegedly upset the town, causing them to “shut the project down,” Cohen said. Cohen accuses Meyers of refusing to cooperate with town officials and also of being reluctant to agree and follow the law.

According to Chester Building Inspector Ron Rose, Meyers did not take up necessary permits when he started the foundation of the home.

Meyers would not comment on this issue to the Press. He told Patch.com, however, that the preliminary worked performed on the property did not require a building permit.

“We couldn’t issue a permit until Planning and Zoning approved [any improvements planned for] the driveway, which was a hazard,” Rose said. “Two fire trucks could not enter the property.”

A driveway permit application fee of $25 and a driveway bond of $1,500, as well as a Certificate of Insurance from the contractor was required in order for the town to issue a zoning permit, Rose said. However, since, the receipt of the driveway permit fee, bond and certificate were never received, a building permit was never issued, the Chester building inspector said.

Last fall, Meyers agreed to an Assurance of Voluntary Compliance and paid a $250 fine to settle Cohen’s complaint after he was accused of failing to adhere to certain consumer protection laws when negotiating a contract both parties agreed on.

The Department of Consumer Protection requires a contractor to pay a civil penalty in the amount $250 for offering to perform or performing new home construction work and not being in compliance with Sec. 20-417d of the state’s New Home Construction Act.

Cohen has also filed a civil lawsuit against Meyers in Middletown Superior Court seeking the return of money paid, damages and legal fees.

In the suit, under the state’s Unfair Trade Practices Act, Cohen alleges that the former builder committed fraud, and unjust enrichment and other violations to the law.

Meyers has filed a counterclaim accusing Cohen of libel and slander. His counterclaim also includes that Cohen has publicly made objectionable remarks about Meyers “with the intent to cause harm, financial and other, both personally and professionally,” according to an article on Patch.com.

According to Meyers’ attorney, Michael F. Dowley, Cohen sent threatening emails to his client stating “I may not get a dime back, but I will see you humiliated and bankrupt.”

Meyers, though a bit reluctant to comment, said Wednesday that Cohen’s recent actions have provoked him and his attorney to file other charges against him. He would not disclose its details.

“He’s wiping his feet on the media,” Meyers said Wednesday. “He’s peering a case that should be held in court and not in the media. He’s using his position as a former journalist to air this case in the media Dowley said the case between the two should be “fought in court” and “not flaunted in the newspaper.”

Cohen, Dowley said, has the ability to know the press and “intends to ruin Meyer’s reputation.”

“I reviewed the facts of the case and I have no problem litigating this matter to conclusion,” Dowley said Wednesday. “The proper place to hear his concerns is in the lawsuit, not in the matter which he’s going about.”

Meyers is also accusing Cohen of breaching the contract between them. Meyers, in his prior counterclaim, said Cohen allegedly fell short of disclosing zoning restrictions on the property site, which prohibited the approval for a building permit.

Meyers told the Press that in due time, he will shed more light on his side of the story.

Following the board meeting Tuesday, First Selectman Jon Brayshaw said Cohen has every right to speak during public comment. However, he said, “it doesn’t really pertain to the town.”

Middlefield is not a party in the litigation so it will “remain silent,” the first selectman said.

“We devote our time and effort to running the town,” Brayshaw said. “We don’t get involved in outside litigations.”

A trial date for the case has been set for Jan. 22 in Middlesex County Superior Court.

Jonetta Badillo can be reached by email at jbadillo@middletownpress.com


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