Boston Properties and Brammer Bio Clash Over Kendall Construction

Key Takeaway

• Brammer Bio sues Boston Properties over construction near its Kendall Square facility, alleging disruptions and potential damage to its gene therapy batches.
• Despite a previous court ruling extending Brammer's sublease until 2029, disputes with BXP persist, with Brammer seeking to halt construction and renegotiate terms.
• BXP plans a 16-story development for AstraZeneca in the area, emphasizing compliance with regulations and standards in urban redevelopment.

A Legal Battle in Life Sciences Hub

In the heart of Cambridge’s Kendall Square, a legal dispute has emerged between Brammer Bio, a biotechnology company, and Boston Properties (BXP), a prominent developer, alongside Turner Construction. This confrontation underscores the tensions in one of the nation’s leading life sciences markets. Brammer Bio, a subsidiary of Thermo Fisher, has filed a lawsuit over concerns that construction work on a nearby site is jeopardizing its operations. The company, which specializes in manufacturing gene therapies, occupies a 66,000-square-foot space at 250 Binney Street, a property it began subleasing from Biogen in 2016. The crux of the dispute lies in the construction of a new 16-story building by BXP at 290 Binney Street, intended for AstraZeneca, which Brammer alleges is causing disruptions and potentially threatening its sensitive biotechnological productions.

The Heart of the Dispute

The legal tussle between Brammer and BXP revolves around the future of Brammer’s current facility and the ongoing construction at the adjacent site. Despite winning a lawsuit against Biogen that extended its sublease until 2029, Brammer contends that the construction activities are not only a nuisance but pose a significant risk to its operations. The company claims that the work is being conducted dangerously close to its facility, risking contamination and destruction of its gene therapy batches. Furthermore, Brammer alleges that an affiliate of BXP has unlawfully altered an easement related to its leased property, prompting the biotech firm to seek a halt to the construction, retract site access, and invalidate the easement change. This legal battle highlights the complexities of urban development, especially in areas critical to the biotech industry.

Implications for Cambridge’s Biotech Ecosystem

Cambridge’s Kendall Square is renowned as a global epicenter for biotechnology and life sciences, attracting major companies and startups alike. The dispute between Brammer and BXP, therefore, has broader implications for the area’s ecosystem. It underscores the challenges of balancing urban development with the operational needs of high-tech industries. The construction of new facilities like the one intended for AstraZeneca is crucial for maintaining the area’s status as a life sciences hub. However, this incident highlights the need for developers and existing tenants to navigate these expansions carefully, ensuring that the growth of the sector does not come at the expense of established operations.

A Perspective on Urban Development and Biotech Growth

This legal confrontation between Brammer Bio and Boston Properties at Kendall Square serves as a microcosm of the larger dynamics at play in urban centers hosting high-tech industries. On one hand, the expansion and modernization of facilities are essential for fostering innovation and attracting top-tier tenants like AstraZeneca. On the other, the preservation of existing biotech operations, which are often highly sensitive to environmental conditions, is critical. The situation calls for a balanced approach that accommodates the growth of the life sciences sector while safeguarding the interests and investments of current industry players. As urban areas continue to evolve into specialized industry hubs, the resolution of such disputes will set important precedents for future development and tenant relations.

Management Quotes

• Bryan Koop, BXP Boston executive:

  "All construction activities have been consistent with both regulations and our own high standards for sensitive and safe redevelopment in urban settings."