Kenneth J. Januszewski

Kenneth J. Januszewski

Shareholder— Joined Burch & Cracchiolo in 2011

Kenneth ("Ken") Januszewski practices in all areas of Construction-related and General Liability litigation and serves as the CD-GL Practice Group Chair for Nevada and New Mexico claims. He has served as lead counsel for construction industry clients in multi-million dollar residential and commercial litigation matters for clients including numerous developers, general contractors and subcontractors in complex litigation matters. Ken has for years provided coverage analysis for multiple carriers in Arizona, New Mexico and Nevada. He has represented clients in complex class action construction defect cases and has lectured to national audiences on construction defect issues.

Email Kenneth J. Januszewski


Best Lawyers - 2024
Phoenix Magazine Top Lawyer - 2023
Super Lawyers - 2024


Ken began his career in Arizona as a law clerk for Arizona Supreme Court Justice Hays. He has practiced in the area of civil litigation and over the years developed an emphasis in construction defect litigation. Ken typically handles multi-million dollar cases and tried Arizona’s first construction defect class action case in which his two clients faced a pre-trial demand of over $3 million. After a six-week trial, the verdict against the one client still in the case when the case went to the jury was $21,000.00 (the other client was dismissed as, through motion practice, all of the claims against it were decertified). While a staff counsel at a major insurance carrier he served on its nationwide Public Sector Center for Excellence, a group of select lawyers representing public entities such as water districts and Indian tribes. Since leaving staff counsel, Ken has continued to represent public entities in Arizona and New Mexico. Much of Ken's current Federal Court practice is in this area, often in what is known as Section 1983 cases in which individuals allege their constitutional rights have been violated. In addition to his statewide Arizona practice, he has a construction defect practice in Nevada and New Mexico.

Ken received his undergraduate degree in History from Wayne State University in his native Michigan. Ken spent his junior year abroad at the Universite de Dijon in France and studied Japanese in Kyoto, Japan for a year. He obtained his Juris Doctor degree from the Jesuit university then known as the University of Detroit School of Law. He is admitted to practice in Michigan, Arizona, New Mexico and Nevada.

Ken's other trial experience includes medical malpractice cases, Arizona’s Underground Facilities Act (blue stake law) and many typical red car blue car cases. He has arbitrated many cases and now serves as an arbitrator and, as the arbitrator, has arbitrated numerous cases through conclusion.

Ken has also successfully handled many appeals and interlocutory appeals before both Divisions of the Arizona Court of Appeals, the Arizona Supreme Court and the Ninth Circuit Court of Appeals.

Representative Engagements

  • Lead counsel for construction industry clients in multi-million dollar residential and commercial litigation matters
  • Clients include numerous developers, general contractors and subcontractors in complex litigation matters in both AZ, NV and NM
  • Successfully mediated hundreds of cases to conclusion
  • Provides coverage analysis for multiple carriers across multiple lines in Arizona, New Mexico and Nevada
  • CD class action trial experience
  • Public sector experience in AZ, NM
  • Represented several Tribal Entities
  • Lectured to national audiences on Indian Law issues
  • Lectured to national audience on construction defect issue
  • Trial experience in personal injury (including medical malpractice) and construction issues

Honors & Awards

Selected, Best Lawyers in America, 2023, 2024
Selected, Southwest Super Lawyers, 2023, 2024
Selected, Phoenix Magazine, Top Lawyers, Insurance Coverage Bad Faith, 2022, 2023
Selected, Phoenix Magazine, Top Lawyers, Medical Malpractice, 2022, 2023

Professional Affiliations

State Bar of Arizona
State Bar of Nevada
State Bar of New Mexico
State Bar of Michigan
New Mexico Defense Lawyers Association


J.D., University of Detroit Mercy School of Law, Detroit, Michigan, 1981

B.A., History, Wayne State University, Detroit, Michigan, 1978

Admitted In

New Mexico

Presentations and Publications

Presenter, Traveler's Major Case Symposium, Contractual Risk Transfer (CRT)
Presenter, Indian Nations Seminar
Presenter, San Diego MC Consultant's Seminar, New Mexico Indemnity Law
Presenter, Maricopa County Bar Association, Settlement Issues

Community Involvement

Xavier College Prep Dad's Club, Freshmen Father of the Year, 2012-2013

In the News

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