Moderna Sues Construction Firm Over Alleged Defects In Production Facility

One of the largest biotech companies in the country has filed a lawsuit claiming improper building practices led to millions in damages at one of its new manufacturing facilities.

Moderna is suing Burlington, Massachusetts-based Gutierrez Co. for allegedly failing to properly design and build out its manufacturing facility in Marlborough, Massachusetts, leading Moderna to pay millions to fix the problems, the company claimed in a lawsuit filed Wednesday in Suffolk County Superior Court. 

The pharmaceutical company claims that when it began to fit out the space, it discovered several deficiencies with the shell and core, including significant leaks in the facade, mold and improperly constructed structures in the building.

Moderna and The Gutierrez Co. didn't respond to Bisnow's requests for comment.

Moderna claims the defects cost it roughly $10M to repair and is asking the court to award it that amount "plus interest, costs, counsel fees, and such other and further relief as the Court may deem just and proper."

Gutierrez previously owned the development site at 149 Hayes Memorial Drive in Marlborough but sold it to Oxford Properties in 2021 for $2.1M. The two companies then struck an agreement that would keep Gutierrez on to design and construct the project's core and shell. 

Although Gutierrez brought on an architect and subcontractors to assist with the development, Moderna argues the firm "was responsible for the overall performance of the work on the Original Project, as well as supervising, directing, and coordinating each component of the work."

In 2023, Moderna purchased the 140K SF, two-story manufacturing facility from Oxford Properties for $91M. The Big Pharma company planned to build an additional 60K SF on the site.

Gutierrez has built more than 11.7M SF and manages 2.2M SF across 117 projects, according to its website.