Joshua Fershee has a case note on Skanska USA Bldg. Inc. v. Atl. Yards B2 Owner, LLC, which he reports held that:
The court found that the plaintiff failed to plead a sufficient veil-piercing claim and explained, "both parties were very sophisticated, and negotiated in minute detail all aspects of their agreements to build [defendant] using innovative technology. That the project failed does not lead to a veil-piercing claim, especially since plaintiff failed to identify the alleged fraud or other wrongdoing. Skanska USA Bldg. Inc. v. Atl. Yards B2 Owner, LLC, No. 1352, 2016 WL 6106652, at *1 (N.Y. App. Div. Oct. 20, 2016) (emphasis added).
The court continued:
Far from alleging that FCRC used B2 Owner to perpetrate a fraud, plaintiff, a sophisticated party, admits that it knowingly entered into the CM Agreement with B2 Owner, an entity formed to construct the project. Nowhere in the complaint does plaintiff allege that it believed it was contracting with or had rights vis-à-vis FCRC or any entity other than B2 Owner. Indeed, plaintiff could have negotiated for such rights. Having failed to do so, plaintiff cannot now claim that it was tricked into contracting with B2 owner only and thus should be allowed to assert claims against FCRC . . . . Thus, the veil-piercing claim should be dismissed.
Id. at *7.
I think this is spot on.
I do too.
