Construction Defect
The Oregon Court of Appeals recently held, in Association of Unit Owners of Bridgeview Condominiums v. Dunning, 187 Ore. App. 595, 69 P.3d 788 (2003), an association is a real party at interest, and, as such, is authorized to sue the developers, builders, engineers, and former board members of the association. In Bridgeview, a condominium suffered from construction defects that gave rise to various claims against the developer and other parties. The Association had standing to sue based on statutory language allowing the Association to institute actions on behalf of itself and two or more owners in matters affecting the condominium. This included pursuing actions for breach of express warranty related to the design and construction of the condominiums.
