Dozens of Kimley-Horn and Associates employees experienced health issues after being exposed to toxic gases in the Reston Station office where they worked, the North Carolina-based engineering firm alleges in a recent court filing.
Kimley-Horn shared the allegations on Nov. 6 in response to a lawsuit filed in October by landlord and Reston Station developer Comstock, which is accusing its tenant of underpaying rent for the three suites it leases at 11400 Commerce Park Drive.
Arguing that Kimley-Horn paid only half the rent it owed for the month on Oct. 1, Comstock is seeking $25 million in damages to cover the missing rent as well as a late fee of 5%, interest of at least 18% and attorney costs.
However, in its counterclaim, Kimley-Horn says Comstock breached their lease agreement first by failing to address or notify it of “hazardous substances” detected in the office building, whose other tenants include a child care center and a defense contractor.
“Landlord’s material and continuous breaches of the Lease have resulted in widespread illness among Kimley-Horn’s employees located at the Leased Premises and forced Kimley-Horn to remove its employees and business operations from the Leased Premises in August 2024,” the document submitted to the U.S. District Court in Alexandria states.
According to Kimley-Horn’s court filing, Comstock became aware of “drastically unsafe” levels of toxic gases known as volatile organic compounds (VOCs) after getting an air quality test report from a consultant in November 2023.
Found in paint, disinfectants, printers and other household and office products, VOCs can cause a range of health issues, from eye, nose and throat irritation to headaches, nausea and even cancer in some cases, according to the U.S. Environmental Protection Agency.
Though the November test report found VOC levels approximately 60 times above the safe standard on the three floors occupied by Kimley-Horn, Comstock didn’t implement the consultant’s recommended fixes, including eliminating the sources of the chemicals and improving air flow, the engineering firm alleges in its counterclaim.
Kimley-Horn says over 100 of its approximately 220 employees at the Commerce Park Drive office building — which serves as its Mid-Atlantic headquarters — reported “experiencing various illnesses and medical conditions” starting in November 2023. Issues included “seizures, respiratory problems, throat irritation, migraines, brain fog, and similar conditions,” per the court document.
The company says it hired its own consultant to conduct an air quality test in early August that found toxin levels “approximately four to five times the TVOC safe threshold.” Subsequent tests conducted after all workers were moved out of the office on Aug. 15 found some chemicals like trichloroethene and benzene that have been classified as carcinogens.
After they left the building, most workers reported that their symptoms had “dissipated,” but some of them are still struggling with health issues related to their exposure to the VOCs, Kimley-Horn alleges, adding that it didn’t learn about the findings of Comstock’s November 2023 air quality report until they met on Oct. 3 in an attempt to resolve their dispute.
“The displacement of Kimley-Horn’s employees from the Leased Premises has caused Kimle[y]-Horn substantial damages and adverse impacts due to the loss of employee and business productivity,” the firm said in its counterclaim.
Calling for a jury trial, the engineering firm is seeking at least $2 million in damages, along with a release from its lease obligations and a refund of its paid rent dating back to November 2023. It also argues that Comstock should pay for the costs of “alternative office space, costs due to loss of productivity, attorneys’ fees, and medical expenses paid on behalf of sick and injured employees.”
In a Nov. 7 statement, Comstock denied Kimley-Horn’s allegations of hazardous substances at the Commerce Park office building:
Notably, no other tenants or persons utilizing the Premises corroborate Kimley-Horn’s allegations. To the contrary, the Premises are situated in an EPA Energy Star and BOMA Performance Program certified building. Both certifications require, among other things, standardized indoor air quality testing, which [Comstock Partners LC] regularly has performed as part of CPLC’s commitment to provide a safe, clean, and healthy environment for all occupants and visitors, including Kimley-Horn.
Although CPLC intends to vigorously defend against all allegations to the contrary, CPLC remains hopeful that this dispute will be resolved amicably.
According to the Washington Business Journal, Fairfax County got a complaint about the alleged VOC issue in August but “didn’t pursue it,” stating that the responsibility for maintaining the ventilation and air quality standards required by the county’s building code lies with the property owner.
Kimley-Horn, which has its main headquarters in Raleigh, North Carolina, began leasing space at Commerce Park in May 2011. Renewed four times, the lease is currently set to expire in September 2033.
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