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A Suffolk Superior Court judge dismissed a biomanufacturing company’s lawsuit that claimed disruption caused by a Kendall Square development caused it to lose virtually all of its long-term contracts.
Brammer Bio claimed that Biogen breached the sublease on the 250 Binney St. property where it manufactures cell and gene therapies and vaccines.
The contract biomanufacturer subleased the 250 Binney St. space from Biogen in 2016, investing $100 million to build a 66,000-square-foot facility in the two-story building.
BXP is redeveloping the neighboring former Blue Garage property in Kendall Square for an apartment tower that will become Cambridge’s tallest residential building and two office-lab buildings at 290 and 300 Binney St. that are leased to AstraZeneca and the Broad Institute, respectively.
Brammer Bio’s attorneys argued that construction related to the redevelopment project disrupted its everyday business. Debris from construction broke a second-floor window, a power outage in October 2023 caused a loss of a manufacturing batch, and deliveries were missed or delayed, according to the lawsuit.
But Judge Debra Squires-Lee was not convinced that Brammer Bio suffered serious interference with its operations. The sublease specifically stated that development or construction work could take place on the property, Squires-Lee noted.
Representatives from BXP’s general contractor, Turner Construction, met weekly with Brammer Bio to address the company’s concerns starting in June 2022.
“Given this direct access and communication, no reasonable jury could conclude that Biogen failed to reasonably prevent any alleged interference,” Squires-Lee wrote in the Dec. 27 decision.
Brammer Bio continues to pursue separate legal action against BXP in a lawsuit also being heard in Suffolk Superior Court.
That complaint alleges that BXP violated Brammer Bio’s property rights by engaging in construction activities for the apartment tower on the 250 Binney St. property. In a counterclaim, BXP said the activities are permissible under an easement and seeks reimbursement of legal fees and other costs.
“We strongly disagree with the court’s ruling that granted Biogen’s motion for summary judgment and are evaluating our legal options. Our case before the court is continuing as we defend our rights to operate at 250 Binney St. and deliver for our customers and patients who rely on us,” Brammer Bio parent Thermo Fisher Scientific said in a statement.
