Rosary A. Hernandez
Burch & Cracchiolo, P.A.
1850 North Central Avenue, Suite 1700
Phoenix, AZ 85004
United States
In practice for 29 years, she focuses on commercial and business litigation and construction law.
Hernandez is a first generation Cuban-American and has spent her career representing clients in litigation and arbitrations across the Southwest. She has expertise in managing complex matters including large commercial and construction-related disputes. For the last several years, her practice has focused on construction-related matters, assisting developers, builders and contractors manage their risks through appropriate insurance and contractual risk transfer.
She earned her J.D. from the University of Notre Dame Law School in 1993 and her B.A. from the University of Texas at Austin in 1990. In addition, Hernandez attended the Concannon Programme of International Law in London, England. She is admitted to practice in Arizona, New Mexico, California and Texas.
Hernandez is a Martindale-Hubbell 5.0 AV Preeminent attorney and currently serves as a National Director for the Defense Research Institute (DRI) Board of Directors. She previously served on as the Chair and Vice-Chair of the DRI Diversity Committee, the Board of Directors of the Home Builders Association of Central Arizona and the Board of Directors of Esperanca.
Professional Affiliations
- DRI, Executive Board of Diversity Committee, Co-Chair of Construction Seminar 2015, State Bar of AZ - Past Board of Directors for Construction Section, Past Chair of MCBA Construction Section, Past Board of Directors for Arizona Association of Defense Counsel
- Tiffany & Bosco, First female to serve on firm Board of Directors in its 50 year history
- Homebuilders Association ("HBACA") - Board of Directors
- State Bar of Arizona - Past Board of Directors for Construction Section
- Maricopa County Bar Association - Past Board of Directors, Construction Section;
- Arizona Association of Defense Counsel - Past Board of Directors
- Member of State Bar of Arizona, State Bar of Texas, State Bar of California.
- Member of Phoenix Texas- Exes and Notre Dame Club of Phoenix.
Presentations and Publications
- National Association of Home Builders (NAHB} - Read Before Signing: Managing Legal Exposure with Solid Contracts 2019
- DRI - Annual Meeting - Can Air Cause the Much Damage? 2018
- DRI - Construction Las Vegas, NV What is the next big thing in construction claims? Plaintiffs' and Defendants' perspectives 2017
- Presentation for Foundation for Senior Living {"FSL:1 Anticipating and Managing New Product and Defect Claims in Construction Claims - 2016
- Presentation for Mahoney Group - Where are we headed next? Managing new product claims. 2016
- DRI - Annual Meeting - Why Diversity Matters?with Sheryl Willert, First Female DRI President 2015
- DRI - Annual Meeting - Diversity, What Now? State Local Defense Organization Section
- DRI - Diversity Conference - Chicago, IL The Business Case for Diversity2015
- National Association of Homebuilders Phoenix, AZ- Anticipating and Managing New Products and Defect Claims 2014
- State Bar of Arizona - Real Property Section - Handling Construction Claims and Risk Transfer2014
- DRI - Construction Seminar Las Vegas, NV - Ethical Pitfalls in Construction Wrap Projects 2013
- DRI - Leadership Meeting Chicago, IL- The Business Case for Diversity2012
- Arizona State Bar Convention - Construction Section - Indemnity Obligations, Builder and Subcontractor Perspectives 2011
- State Bar of Arizona Annual Convention - Construction Section - Spoke on panel with Mayor Phil Gordon and other business leaders about growth Phoenix and the impact of the Light Rail System - 2007
- Homebuilders Association of Central Arizona ("HBACA")- Construction Defect Litigation 2004
Reported Cases
- DECCA DESIGN BUILD, INC., an Arizona corporation, Plaintiff-Appellant, v. AMERICAN AUTOMOBILE INSURANCE COMPANY, a foreign corporation
- Kelvin Eugene WILEY, Plaintiff and Respondent, v. COUNTY OF SAN DIEGO et al., Defendants and Appellants.
Community Involvement
- Current Vice-Chair of Esperance Board of Directors
- Notre Dame Alumni Association
- Texas Exes Alumni Association
- Board of Directors for Arizona Women's Leadership Forum
Practice Areas
- Commercial Litigation
- Construction
Areas Of Concentration
- Business Litigation
- Construction Litigation
- Real Estate Transactions and Finance
Honors & Awards
- Rated - AV Preeminent- "Highest Rating for Ethics, Legal Ability" by Martindale Hubbell" - 2014
- Named to list of Arizona's Finest Lawyers - 2013 to present
- Top Lawyers in Arizona - 2016, 2017 by The Legal Network
- Named to list of Lawyers of Distinction, Top 10%in the USA, 2017
- 2017 ATHENA Award nominee through the Greater Phoenix Chamber of Commerce
Education
- University of Notre Dame Law School, J.D. (1993)
- University of Texas at Austin, S.S. (1990)
- Concannon Programme of International Law, London, England
Admitted In
- Texas (1993)
- California (1997)
- Arizona (2000)
- New Mexico (2017)