Introduction
Darren Miller focuses his practice on real estate construction and development, as well as other transactional real estate matters. He works with property owners, contractors, and developers in the negotiation of design, construction, construction management, development, equipment purchase, and other related agreements. He also represents sellers, purchasers, and lenders in a variety of commercial real estate transactions. Darren is a long-time member of the firm’s Campus Infrastructure & Community Development team.
My focus
Construction
I represent owners, developers and lenders in structuring, negotiating and interpreting EPC, design-build, design construction and equipment purchase contracts for projects ranging from apartment complexes, shops and manufacturing facilities to more specialized buildings such as breweries, hospitals, museums and schools.
I enjoy just how tangible the work I do is. Although I’m not physically swinging the hammer, I help to build things and the results of my work can be seen, touched and experienced.
Commercial real estate
In addition to my construction practice, I represent clients in structuring and negotiating a variety of commercial real estate transactions, from acquisitions and sales to leases.
Representative experience
Construction Matters
- Represented international alcoholic beverage company in the negotiation of design, engineering, construction and equipment purchase contracts for three major brewery facilities
- Represented clients in negotiation of design, consulting and construction contracts for affordable housing projects in the five boroughs, each involving various state and local agencies and lenders
- Represented client in negotiation of architect’s and construction contracts for design and construction of $13 million museum facility
- Represented hospital client in negotiation of construction management agreement for 192,000-square-foot expansion of its health care facilities
- Represented international retail client in construction matters connected with the multimillion-dollar design and construction of its flagship New York City store
Real Estate Matters
- Represented various clients in connection with a variety of purchase and sale transactions
- Represented various clients, as landlords and tenants, in connection with a variety of leasing matters
Looking ahead
I’m following the continuing growth of experiential venues, particularly in the alcoholic beverage industry. Building unique destination– type breweries, wineries, tap rooms, and tasting facilities, creates a number of interesting legal challenges for producers as they look to protect what makes them different to consumers. I’m also following the ongoing movement to restore, rehabilitate, and reuse existing buildings with unique characteristics. Doing so brings unique challenges from a construction and design perspective but can lead to incredible rewards for owners and developers willing to take the plunge.
/Insights
- “New Construction (Part II) Analysis of Legal and Programmatic Best Practices, Annual New York State Affordable Housing Conference, May 17, 2023 (Speaker)
In the news
- Law360
Two firms advise nonprofit’s $124 million in housing site buy
Jan 7, 2025This article covers client Westhab’s acquisition and financing of a Brooklyn commercial property that will be rezoned for a 120-unit housing development with 30 units restricted as affordable. New York City Affordable Housing & Real Estate partner Meghan Altidor is mentioned in the coverage for advising Westhab on the related financing. The NP team also included partners Aaron Yowell of New York City and Darren Miller of Rochester, and New York City counsel Abby Patterson and associate Erica Thompson, all of the AHRE practice.
- New York Real Estate Journal
Merchants Capital provides $348M in Fannie Mae financing for rehabilitation of 87 Brooklyn NYCHA properties
Feb 15, 2024This article, which covers developers securing $348 million in financing to rehab 87 New York City Housing Authority buildings in Brooklyn, mentions NP as one of the organizations that advised on the transaction—representing a developer joint venture of BRP Companies, Fairstead, and Urbane. The NP team was led by New York City Affordable Housing & Real Estate partner Meghan Altidor, and included Strategic Policy Advisor and AHRE deputy practice leader Deborah VanAmerongen, partners Dana Roper of Washington, DC and Darren Miller of Rochester, Rochester counsel Jennifer Berrios, New York City associates Jeremy Busch and Avery Ryou, and New York City senior paralegal Pam Villacis and paralegal Brian Murphy, all of the AHRE practice.
- The Daily Record
General contractors liable for wages under new legislation in NYS
This article, on New York State legislation that general contractors on construction projects are now liable for wages if employees of a subcontractor are not paid or paid an incorrect amount, quotes Rochester Affordable Housing & Real Estate partner Darren Miller throughout the story on the new law.Feb 11, 2022 - Washington Business Journal
Exclusive-The Meridian Group lands notable new tenant for 1333 New Hampshire
This article mentions NP for advising the American Bankers Association on the lease of its new 87,000-square-foot headquarters. Washington, DC office managing partner Colette Dafoe and Chicago associate Emily Schwebke, both of the Affordable Housing & Real Estate group, negotiated the lease on behalf of ABA while Rochester Affordable Housing & Real Estate partner Darren Miller led negotiations on construction and architect agreements for the build-out.June 1, 2021 - Real Estate Weekly
Catholic Charities Starts Work on New Queens Development
This article on the ground-breaking of Bishop Valero Residence, an affordable housing development for low-income seniors and formerly homeless adults, quotes New York Affordable Housing & Real Estate partner Joe Lynch for leading the team that advised Catholic Charities Progress of Peoples Development Corporation. The deal team also included Rochester Affordable Housing & Real Estate partner Darren Miller and associate Matt Carrigg.Sep 28, 2020 - Law360
Law360 names attys who moved up the firm ranks in Q1
This article mentions recent leadership promotions at the firm including David Brown, Jared Lusk, Jim Vallee, Graham Beck, Kathleen Ceglarski Burns, Emily Crandall Harlan, Daniel Gibbons, Linda Huber, Ilana Kameros, Haydon Keitner, Darren Miller, Neal Pandozzi, Edward Puerta, Stephen Reil, and Elizabeth Young.April 28, 2017 - Daily Record
Excellence in Law
This special section features the Rochester-area attorneys earning “Excellence in Law” distinctions. Rochester Energy & Environmental partner Jean McCreary is profiled among the “Top Women in Law.” Rochester Labor & Employment associate Joe Carello and Real Estate associate Darren Miller are among the “Up & Coming Attorneys.”June 26, 2014
Admitted to practice
New York
Education
Broome Community College, A.A.
State University of New York at Binghamton, B.A.
Syracuse University College of Law, J.D., magna cum laude
Professional activities
- American, New York State, and Monroe County bar associations
- Leadership Rochester, board member
Recognition
- Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2025 in the fields of Construction Law and Real Estate Law; listed since 2021
- Super Lawyers Magazine's Upstate New York Rising Stars, 2014, 2015, and 2016, recognized in the area of Real Estate Law
- The Daily Record’s 2014 Up & Coming Attorney award recipient
- Recommended in The Legal 500 United States 2018 and 2017 editorial for Real estate and construction—Construction (including construction litigation)
Insights And Happenings
View AllProfessionals in the Practice Area
View AllChristopher R. Froeb
Partner / Practice Group Leader, Real Estate & Affordable Housing- Boston
- Office:+1 617.345.1137
- cfroeb@nixonpeabody.com
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Ian T. O'Banion
Partner / AIA / LEED®AP- San Francisco
- Office:+1 415.984.8313
- iobanion@nixonpeabody.com
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