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A contract biomanufacturer says a planned redevelopment by Boston Properties could disrupt its current and future business if the Kendall Square property where it has invested $100 million since 2017 is demolished.
Brammer Bio built out a 66,000-square-foot biologic manufacturing facility after subleasing the space at 250 Binney St. from Biogen in 2016. The 2-story building, which was developed in 1982, could be demolished as part of a redevelopment by Boston Properties to make way for a pair of new office-lab towers and a 38-story residential building. The BXP development also includes a new electrical substation seen as key to keeping up with the region’s power demands.
Attorneys for Brammer Bio argue that the publicity about the redevelopment and potential disruption to its operations, which run continuously 365 days a year, interferes with its current customer contracts which run through 2032 and potential new business.
“Even the slightest unplanned deviations from the standard processes would wreak havoc and cause the destruction of the vital life-supporting therapies being produced at the facility,” attorneys from Boston-based Gardner & Rosenberg wrote in the Suffolk Superior Court lawsuit, originally filed in June. “These processes are also highly regulated and scheduled and are not subject to change without extensive planning and preparation.”
The complaint names Boston Properties and Biogen, which subleased the space to Brammer Bio, as defendants. Biogen also entered a manufacturing services agreement with Brammer Bio at the time of the sublease, before canceling it in October 2021.
In a counterclaim, attorneys for Biogen argued that transaction agreements that accompanied the sublease do not mention manufacturing for any company other than Biogen.
After subleasing the property, Brammer Bio invested $85 million in 2017 and 2018 to convert and renovate the building for cell and gene therapy development and manufacturing for its contract clients, according to the lawsuit.
Thermo-Fisher acquired Brammer Bio in 2019 for $1.7 billion. The company invested another $15 million to upgrade the Binney Street property in 2019, the complaint states.
The facility manufactures treatments in batches that require a continuous manufacturing process from 19 to 49 days, with more than 140 batches produced in 2022 for clients.
Attorneys for Brammer Bio said Boston Properties refused to confirm to them whether or not the 250 Binney St. building will be demolished before their sublease expires, despite the demolition being part of publicly-filed plans. The initial sublease expires in October 2024, and Brammer has two extensions as of right which would enable it to remain at the property through 2034.
In July 2022, Brammer Bio notified Biogen of its intention to exercise its sublease extension options, but Biogen has refused to acknowledge the request, the lawsuit states.
In a filing submitted Dec. 5, attorneys for Boston Properties stated that the realty trust that owns the property is not bound by the Brammer Bio sublease or subject to a breach of contract claim by Brammer Bio.
