Cosmos Development Corporation

Complaint: [redacted] I am rejecting this response because: Please maintain and post this complaint for the benefit of others that may have business dealing with Cosmos We believe that the timing of this complaint is in compliance with your guidelines, due to the representations that this company made to us over the last two years As you can see, the date of this transaction is in dispute It is our contention that the date of the completion of this sale was consistent with our complaint as stated, on April 25, This is the date that we confirmed, by registered letter, that they had opted not to honor their commitments We had promptly communicated the defects to Cosmos, and worked with them throughout the two-year period that is in dispute Some progress was made, but the larger, more difficult work items were not corrected We met with Cosmos Management in February of 2015, expressing our worry that so many of the items had not been addressed, and asked if it was their company’s intention to invoke the warranty period as shown in the attachment sent by Mr [redacted] *** They responded that they did not have that intention, and that the warranty period did not begin until after the original “punchlist” was completed There is ample evidence that this is, in fact, what they told us They continued to meet with us throughout and early They requested access to our property on numerous occasions to allow contractors to make estimates of repairs We were informed that the estimate to correct defects in workmanship in our heating and cooling system was too expensive, so Cosmos unilaterally decided not to fix it We communicated that we did not agree with this position The costliness of removing defects does not mitigate their responsibility to correct them Rather, they attempted to shift a significant and unfair financial burden from the corporation to the homeowner They also told us that work was “approved” on several occasions, and then did not complete it For example, our front porch failed in two places, producing cracks and slumping that were in excess of the tolerances shown in the warranty We were told that the work was approved, and Cosmos made an appointment with us for workers to arrive for the repair No workers were sent, and the superintendent did not respond to our inquiries In a similar instance, the piping on our water heater was tied in backwards Again, the work was approved, appointments were made, and no workers arrived It appears that Cosmos intentionally dragged out the process of making the repairs, and when they seemed too expensive, unilaterally decided to leave significant defects as is Then, despite what they told us in our frequent project update meetings, they have decided to invoke the timing clauses in the written warranty Ironically, they concluded each meeting by thanking us for our patience Sincerely, [redacted] ***

We are in receipt of both your August and August 29, letters to Mr*** *** of Cosmos Development Company on the above referenced Complaint A copy of each of your Notices is attached These have been forwarded to our office Please excuse the ***ay in answering these
notices as they have taken some time to get to the appropriate individuals.The subject of this complaint is a warranty request by the *** on a custom home built for them by Redmond Ridge Investment Coby Cosmos Homes That home was transferred to the *** on March 20, and represents the actual date of sale of that home The warranty period expired on March 21, A copy of the agreed upon Limited Warranty for the home is also attached for your records.The requested warranty items do not fit within the scope of the provided warranty and/or within the time frames of the warranty period.Thank you for your inquiry Hopefully this will conclude this matter.Oscar *** ***Authorized RepresentativeRedmond Ridge Investment Co

Complaint: [redacted]I am rejecting this response because:
Please maintain and post this complaint for the benefit of others that may have business dealing with Cosmos.
We believe that the timing of this complaint is in compliance with your guidelines, due to the representations that this company made to us over the last two years.
As you can see, the date of this transaction is in dispute.    It is our contention that the date of the completion of this sale was consistent with our complaint as stated, on April 25, 2016.  This is the date that we confirmed, by registered letter, that they had opted not to honor their commitments.
We had promptly communicated the defects to Cosmos, and worked with them throughout the two-year period that is in dispute.  Some progress was made, but the larger, more difficult work items were not corrected.  We met with Cosmos Management in February of 2015, expressing our worry that so many of the items had not been addressed, and asked if it was their company’s intention to invoke the warranty period as shown in the attachment sent by Mr. [redacted].  They responded that they did not have that intention, and that the warranty period did not begin until after the original “punchlist” was completed.
There is ample evidence that this is, in fact, what they told us.  They continued to meet with us throughout 2015 and early 2016.  They requested access to our property on numerous occasions to allow contractors to make estimates of repairs.  We were informed that the estimate to correct defects in workmanship in our heating and cooling system was too expensive, so Cosmos unilaterally decided not to fix it.  We communicated that we did not agree with this position.  The costliness of removing defects does not mitigate their responsibility to correct them.  Rather, they attempted to shift a significant and unfair financial burden from the corporation to the homeowner.
They also told us that work was “approved” on several occasions, and then did not complete it.  For example, our front porch failed in two places, producing cracks and slumping that were in excess of the tolerances shown in the warranty.  We were told that the work was approved, and Cosmos made an appointment with us for workers to arrive for the repair.  No workers were sent, and the superintendent did not respond to our inquiries.  In a similar instance, the piping on our water heater was tied in backwards.  Again, the work was approved, appointments were made, and no workers arrived.
It appears that Cosmos intentionally dragged out the process of making the repairs, and when they seemed too expensive, unilaterally decided to leave significant defects as is.  Then, despite what they told us in our frequent project update meetings, they have decided to invoke the timing clauses in the written warranty.  Ironically, they concluded each meeting by thanking us for our patience.
Sincerely,[redacted]