Attorney Profile
A partner at Shapiro Sher, Mark L. Miller concentrates his practice in real estate, development and leasing, construction and design law, and counseling businesses. He holds degrees from the University of Maryland College Park in Architecture and Civil Engineering, and has extensive experience in the real estate industry as a tradesman, construction manager, developer, and owner’s representative. In addition to practicing as an attorney, Mr. Miller serves as an asset manager and co-trustee of a multi-state portfolio of commercial-income-producing properties.
A fundamental component of Mr. Miller’s practice is structuring and implementing strategies for the development and improvement of real property. From initial planning stages with stakeholders and investors, to financing, acquisition, design, construction, leasing, management, and disposition, he understands and is able to advise clients through any stage of the development process. Mr. Miller not only prepares and reviews legal documentation, but also provides strategic guidance as clients seek to produce financially successful real estate assets. His experience includes many diverse asset classes such as retail, office, educational, and industrial. He frequently negotiates complex multi-million-dollar construction and design professional contracts in connection with these projects.
In addition to real estate development, Mr. Miller assists owners during the construction process in connection with such issues as a defaulting general contractor, claims, delays, cost overruns, or lender difficulties. He leverages years of project management and consulting experience on projects ranging in value from the hundreds of thousands to the tens of millions of dollars. He seeks practical solutions to help clients work through these difficulties and achieve profitable, stabilized projects.
Mr. Miller represents commercial property owners with take-backs of long-term leases. In this context, he has managed and advised clients on the challenges facing property owners in the termination of a long-term lease, including the due diligence steps necessary to determine and document the property’s physical and legal condition, negotiations with the departing tenant, and maximizing the asset’s value moving forward.
Mr. Miller advises small businesses, including structuring and forming business entities, drafting stockholder and operating agreements, and asset and stock sales. He counsels and represents a wide variety of businesses, including retailers, developers, contractors and subcontractors, engineering and architecture professionals, institutional entities, event producers, and MBEs.
Prior to being admitted to the Bar, Mr. Miller worked as a construction manager for The Whiting-Turner Contracting Company on several multi-million-dollar development projects, including the expansion and renovation of Montgomery Mall in Bethesda, Maryland, Annapolis Mall, and an IBM power plant in Fishkill, New York. He received multiple Quality Control awards for his work on these projects. Mr. Miller also has extensive field construction experience as a carpenter foreman, crane rigger, and concrete laborer.
Representative Matters
- Represented real estate partnership in subdivision, development, and sale of a 28-acre parcel with mixed-use residential, retail, national big-box tenants, and redevelopment of adjoining parcel. Project included structuring the overall development, civil and architectural design, entitlements, construction, off-site improvements, multiple acquisitions and dispositions, pad leases, utility and access easements, financing, construction of improvements, and a comprehensive REA governing all impacted parcels.
- Represented landlords in lease transactions in multiple states. Tenants included Ruby Tuesday, McDonald’s, Taco Bell, Food Lion, Weis, JC Penney, Starbucks, Belk, TJX Companies, M&T Bank, PNC Bank, BB&T Bank, Aarons, Boater’s World, Pier 1, Rue 21, and Cato. In addition, represented tenants in numerous building and ground-lease transactions, including a national fast food chain, and an international bio-medical research entity.
- Represented real estate developer in 110-million-dollar, multi-state, secured financing of income-producing assets across the United States.
- Represented partnersip in takeback of a long-term lease of 300,000+ square foot warehouse on a 10-acre parcel. The site was occupied for 40 years by a national tenant with significant building and site damage and environmental and title issues. Coordinated due diligence, MDE resolution, marketing, and negotiation of settlement that included assignment of valuable property rights, six-figure payment, and multi-million-dollar net sale of the property “as-is.”
- Represented developer of 12-million-dollar hotel project in resolution of construction delays and cost overruns to successful completion of fully stabilized property, including coordination of multiple lenders and governmental loan guarantees.
- Represented owners and developers in numerous negotiations of GMP, lump-sum and cost-plus construction and design agreements, for multi-million dollar projects, including health care, assisted living, retail, hospitality, educational facilities, residential developments, and many others.
Affiliations
- Member, Maryland State Bar Association
- Member, Bar Association of Baltimore City
- Member, American Bar Association
- Special Counsel to the Board of Directors of Our House Youth Home, a non-profit program that teaches at-risk youth construction trade skills
- Lorman Educational Services Instructor, Design-Build Contracts and Design Liability
- Manager and Head Coach, HCYP Raiders 17U travel baseball team
- Carroll County Public Schools Level II Volunteer
- University of Baltimore School of Law student mentor
News & Publications
In this new Real Estate and Construction Law Report, Shapiro Sher attorneys David B. Applefeld and Mark L. Miller examine the ways the pandemic may impact leases and real estate development projects.