a.ashfield <a.ashfi...@verizon.net> wrote:
They say the one-year test did not work. Believe me, that is what they say.
Let me try to clear up a few points of confusion regarding this subject. I did not mean I know there is a second, formal report. I just meant that I.H. has sent experts, and they disagree with the Penon report. I know they have written a report. I don't know if it is another official ERV listed in the contract. That is not really relevant. Let me explain -- Some people have said that Penon is the sole ERV author listed in the contract and therefore whatever he says must be accepted by both sides. Last year I.H. said they would abide by whatever he said, so now they must pay up. It does not work that way. If that were the case, Penon could submit a two-sentence report:
No one would pay on that basis. No judge would enforce payment. It makes no difference what a contract says; common sense always applies. No one would insist I.H. must pay based on such a ludicrous 2-sentence document. The question is: How much does the Penon report resemble that imaginary 2-sentence document? Would experts say it is absurd and it presents no credible evidence? Or, at the other extreme, would most experts agree that it is correct, and I.H. should pay up? Unfortunately, the report will probably not be published, so you will never know what it says, or whether it is credible. - Jed |
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