A. Darren Miller - Real Estate - Nixon Peabody LLP

A. Darren Miller

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.

What do you focus on?


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.

What do you see on the horizon?

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.

Representative 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

Representative 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

General contractors liable for wages under new legislation in NYS

The Daily Record | February 11, 2022

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.

Exclusive-The Meridian Group lands notable new tenant for 1333 New Hampshire

Washington Business Journal | June 01, 2021

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.

Catholic Charities Starts Work on New Queens Development

Real Estate Weekly | September 28, 2020

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.


A. Darren Miller



Phone: 585-263-1353

New York

Phone: 212-940-3033

Fax: 866-917-4761

Syracuse University College of Law, J.D., magna cum laude

State University of New York at Binghamton, B.A.

Broome Community College, A.A.

New York

  • Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2022 in the field of Construction 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)

Darren Miller is a member of the American, New York State, and Monroe County bar associations. Darren serves as a board member for Leadership Rochester.

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