CAMBRIDGE, Mass. — Moderna Inc. is suing construction firm The Gutierrez Co., alleging defective work at its Marlborough manufacturing facility caused extensive water leaks, mold, and structural damage, according to a report by Boston Business Journal reporter Hannah Green.
The lawsuit, filed in Suffolk Superior Court, claims that Gutierrez failed in the “design and construction of the core and shell” of the building at 149 Hayes Memorial Drive. Problems cited include mold in the roof system due to moisture, water infiltration across various systems, and dislodged exterior metal panels.
Moderna (Nasdaq: MRNA) is seeking more than $10 million in damages, stating it must now fund the building repairs. The biotech giant completed its purchase of the property in April 2023 after Gutierrez had built the structure for a previous owner, Oxford Properties.
“Gutierrez was responsible for the overall performance of the work on the Original Project,” the complaint states, citing failure to properly supervise construction teams and design professionals.
Gutierrez, based in Burlington, has not responded to requests for comment, BBJ reported. The firm ranked as the 14th-largest commercial developer in Massachusetts last year, with over 11 million square feet developed statewide.
Moderna, headquartered in Cambridge, is Massachusetts’ second-largest manufacturer and is best known for its mRNA-based vaccines, including for Covid-19 and RSV.
