Is My Drywall Chinese? - HB Litigation Conferences

Equitable Subrogation
Designed to afford relief where one is required
to pay a legal obligation which ought to have
been met, either wholly or partially, by another.
Appropriate where:
– The subrogee made payment to protect its own
interest;
– The subrogee did not act as a volunteer;
– The subrogee was not primarily liable for the debt;
– The subrogee paid off the entire debt; and
– Subrogation would not work any injustice to the right
of a third party.
Type 2
Damages
A declaration that Defendants are responsible for the
costs and expenses of monitoring, repairing repairing and and
replacing allegedly defective drywall
Compensatory damages
Consequential damages, including business disruption
costs
Punitive damages
Permanent injunction mandating that Defendants replace
all allegedly defective drywall with drywall free of defects
Permanent injunction mandating that Defendants
remediate all damage
Attorneys' fees and costs