Antony L. Sanacory is a partner in Duane Morris LLP’s construction and trial groups. Mr. Sanacory has significant experience representing parties at all tiers of construction and public works projects on project planning, risk strategies, bidding, award and negotiation of construction contracts, as well as resolving claims arising from large, complex projects. Mr. Sanacory has represented clients and is familiar with strategies and procedures in federal court, state court, arbitration and other alternative dispute resolution processes.
Mr. Sanacory also regularly advises clients on areas of commercial law, including warranty issues, creditor issues and collections on amounts owed.
Mr. Sanacory has been named a Rising Star in the field of construction litigation by Atlanta Magazine and Georgia Super Lawyers Magazine. He serves on the board of directors for the Construction Financial Management Association of Georgia, organizes an annual conference for Georgia construction industry executives and regularly publishes and speaks on issues of interest to the construction industry. He is a 2001 graduate of Duke University School of Law and a graduate of The Pennsylvania State University (B.A., political science, with distinction).
- Represented national telecommunications company with relocation to new office facility in metro Atlanta, Georgia, including award and negotiation of construction contract, risk planning and successful administration of the construction contract.
- Represented owner of a hydroelectric plant on two separate projects (both performed during outage periods where scheduling issues were complex and critical) (1) generator rewind project and (2) relay upgrade project - including compliance with financial covenants, assessments of proposals by major vendors, negotiation and drafting of contract and commercial terms, and establishment of construction claims resolution process. Presented commercial terms and allocation of risk to power company’s senior leadership before contract was approved.
- Defended HVAC subcontractor and its insurer in a subrogation action that sought more than $3 million in damages relating to a pipe burst at a luxury condominium building. The Court entered summary judgment in favor of the client HVAC subcontractor on three independent grounds. QBE Insurance Corporation v. Jorda Enterprises, Inc., No. 10-21107 CIV-GOLD (S.D. Fla. 2012).
- Represented energy facility operator in negotiation of contract with contractor for construction of $200 million biomass power-plant facility. Project involved separate equipment vendor and general contractor. Assisted preparation of bid materials, review of bids and negotiation of commercial terms. Prepared materials for board of directors analyzing major project contracts and the reasoning for how the contract documents allocated those risks.
- Regularly represents Fortune 500 material supplier in matters arising from breach of contract or non-payment and other issues such as consignment agreements and Buy America Act compliance. Obtained multiple judgments on behalf of client
- Regularly prepares contract forms for contractor that manufactures specialty air treatment systems.
- Represented general contractor, by drafting construction contract and subcontracts for GMP project for construction of new hospital.
- Represented civil contractor in breach of contract / wrongful termination action arising from the construction of public schools. Obtained a seven-figure judgment on behalf of the client after a week-long trial and recovered all financial losses, attorneys’ fees and interest.
- Represented EPC contractor in dispute arising from the construction of a 550-megawatt power facility. Claims by each side exceeded $70 million. Recovered the client’s financial losses and attorney’s fees after trial before the American Arbitration Association.
- Represented power company in responding to reliability audit by the North America Electrical Reliability Corporation.
- Represented energy facility operator in dispute over design defects in upgrade work at a coal burning power plant. Obtained favorable settlement for before trial.
- Represented heavy industry contractor in $10 million claim related to contracts for steam turbine generator upgrade at a combined-cycle power plant for purposes of increasing plants output. The claim involved owner, general contractor and multiple subcontractors.
- Represented energy facility operator in dispute over long-term supply contract. Before trial and after moving to disqualify the opposing party’s expert witness, obtained settlement on behalf of the client.
- Represented biotechnology company in licensing and patent litigation concerning their core products. After a week-long trial before the American Arbitration Association, obtained a complete defense verdict on both patents-at-issue, including an award that the asserted patents were invalid, and recovered costs associated with the client's defense.
- Represented wireless communications company in multiple patent disputes involving the use of infringing wireless systems. Recovered lump-sum royalties on behalf of client from multiple infringers.
- Represented wireless communications company in business divorce and patent-licensing dispute. Obtained settlement on behalf of client after defending multiple motions for summary judgment filed by opposing party.
- Represented golf course soil sensor company in actions involving the misappropriation of trade secrets and patent infringement. Secured settlement on behalf of client.
- Represented large nonprofit organization in a number of litigation matters involving construction contracts, procurement contracts, advertising contracts and property disputes.
- Represented lending institutions in enforcing secured loan agreements.
- Represented manufacturer of extension cords in defense of products liability claims.
- Represented national staffing company in various bankruptcy matters including defending preference avoidance actions brought under chapter 5 of the Bankruptcy Code.
- Represented debtor Borden Chemicals and Plastics Operating Limited Partnership in chapter 11 reorganization case.
Areas of Practice
- Construction Litigation
- Intellectual Property Litigation
- Commercial Litigation
- Consumer Lending Litigation
- U.S. District Court for the Northern District of Georgia
- Supreme Court of Georgia
- U.S. District Court for the Middle District of Georgia
- Duke University School of Law, J.D., 2001
- The Pennsylvania State University, B.A., Political Science, with distinction, 1998
- Phi Beta Kappa
- Duane Morris LLP
- Partner, 2011-present
- Associate, 2003-2010
- Jones, Day, Reavis & Pogue LLP, Atlanta, Georgia
- Associate, 2001-2003
- State Bar of Georgia
- Construction Financial Management Association (Member of the Board of Directors, Georgia Chapter, and Chair of the Education Committee, Georgia Chapter)
- Co-author, "A Bridge To Somewhere: Public Private Partnerships and America's Infrastructure Dilemma," CFMA Building Profits, November-December 2014
- Co-Author, "A CFM's Guide to Drafting Sensible & Useful Subcontracts," CMFA Building Profits, January-February 2014
- Co-Author,"It Ain't Easy Building Green Part 2: Sustainable Practices for Sustainable Building," CMFA Building Profits, January-February 2013
- Chapter Co-author, "Nuclear Power Plants," Managing Gigaprojects, Advice from Those Who've Been There, Done That, The American Society of Civil Engineers, 2012
- "Dispute Resolution Provisions in Construction Contracts," CFMA Building Profits, September/October 2012
- Co-author, "Key Ruling for Insurance Companies in Equitable Subrogation Action in U.S. District Court in Florida," Duane Morris Alert, August 13, 2012
- Co-author, "It Ain't Easy Building Green," CFMA Building Profits, November-December 2011
- Co-author, "The High Cost of Noncompliance: Can Your Company Afford It?" CFMA Building Profits, September-October 2011
- "State of the Construction Industry: Who's Surviving, Who's Thriving?" Report Summary of the Joint Meeting of Construction Financial Management Association Georgia Chapter and DBIA Southeast Region, September 2011
- "Demystifying Construction Contracts for the Next Wave of Large Construction Projects," CFMA Building Profits, November/December 2010
- Co-author, "Nuclear Power: You've Come a Long Way, Baby!" Construction Advisory Report, August 2010
- Author, "Improving Collection of Receivables: Strategies & Experiences of an Attorney," CFMA Building Profits, May/June 2010
Selected Speaking Engagements
- Co-speaker, "Construction Contracts as a Management Tool," Georgia Construction Finance Conference, May 7, 2014
- Speaker, "Construction Contract Law Issues for Major Water Infrastructure Projects," Georgia Association of Water Professionals, March 13, 2013
- Co-Speaker, "The High Cost of Noncompliance: Can Your Company Afford It?" Construction Financial Management Association, Georgia Chapter, Atlanta, December 9, 2011
- Co-Speaker, "The Next Wave of Nuclear Power Plant Construction," Construction Financial Management Association, Georgia Chapter, Atlanta, May 11, 2011
- Speaker, "Demystifying Construction Contracts for the Next Wave of Large Construction Projects," Construction Financial Management Association, Georgia Chapter, Atlanta, June 4, 2010
- Speaker, "Improving the Collection of Receivables: Strategies and Experiences of an Attorney," Construction Financial Management Association, Georgia Chapter, Atlanta, March 17, 2010