The developer Comstock is suing the engineering firm Kimley-Horn and Associates for allegedly underpaying rent for its Reston Station office.
In a complaint filed with the U.S. District Court in Alexandria on Oct. 11, Comstock asserts that its tenant paid only half of the rent that it owes this month for space at 11400 Commerce Park Drive.
“On October 1, 2024, KHI paid $131,422.21 to Landlord, which amounts to approximately 53% of KHI’s monthly Base Rent plus 100% of all additional monthly charges,” the complaint says. “KHI, accordingly, has failed to make payments of rent and other charges when due, in default of its Lease payment obligations.”
Comstock is asking the federal court to give it at least $25 million in damages to cover the remaining rent, plus a late fee of 5%, interest of at least 18% and attorney costs, according to the lawsuit, which was first reported by the Washington Business Journal.
Kimley-Horn communications director Jeffrey Weir told FFXnow that “at this time, we are not commenting on the pending litigation.”
Headquartered in Raleigh, North Carolina, Kimley-Horn is one of the nation’s largest engineering firms. Locally, it has consulted on everything from road projects for the Virginia Department of Transportation to the Town of Vienna’s ongoing parks and recreation master plan update.
According to the lawsuit, Kimley-Horn currently leases three suites in the office building at 11400 Commerce Park Drive, which is part of the Commerce Metro Center in Comstock’s massive Reston Station development. Its lease began in May 2011 and, after four renewals, concludes in September 2033.
Comstock filed plans with Fairfax County in 2022 to rezone the office park for mixed-use development, proposing a “Commerce Center” with 1.3 million square feet of new office space, up to 469 residential units, a hotel, 30,000 square feet of retail and a 12,000-square-foot childcare center.
Three of the four existing office buildings would remain, including the one where Kimley-Horn leases space, which would be renovated to add a 4,000-square-foot retail pavilion, according to Comstock’s application. The county is currently awaiting a resubmission of the development plan, per its PLUS land use database.
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