The revised answer from IH says:
"82. Indeed, when Murray eventually gained access to the Plant in
February 2016 and examined the Plant,"
So it doesn't look like Murray got access to the plant until after it
was shut down. It looks like IH didn't think there was much wrong
before that or presumably they would have done something about it. So
it was Murray who raised the alarm at the last minute, which explains
why IH didn't make the payment or at least start negotiating and appear
to have been caught with their pants down when Rossi took it to court.
The report of a constant water flow rate maybe explained by the flow
meter giving a running total and the constant flow that Jed makes much
of, was simply the average flow calculated by dividing the total by the
number of days. I would be surprised if the ERV doesn't have a detailed
record that was probably automatically logged on his computer.
AS repeatedly stated, we need to see the ERV's report and a piping
diagram before deciding what actually happened.
Rossi sounds confident that he can answer all the points brought up by
IH so we will probably get more information when his rebuttal is filed.
