Skanska USA Building Inc. v. Atlantic Yards B2 Owner, LLC

While I am in agreement with most of the majority’s decision, I depart with respect to its conclusion that defendants’ Completion Guaranty is an appropriate undertaking that satisfies the requirements of Lien Law § 5. It is for this reason that I partially dissent and would reinstate subpart (f) of the first cause of action based upon defendants’ alleged failure to post a bond or other undertaking as required by Lien Law § 5.1

The Atlantic Yards Project2 is a sprawling $4.9 billion mixed-use mega-development encompassing 22 acres of underdeveloped public land. The New York State Development…