Rosary A. Hernandez

Rosary A. Hernandez

Partner— Joined Burch & Cracchiolo in 2022

In practice for 29 years, Rosary Hernandez focuses on commercial and business litigation, professional liability defense, construction law, and tort defense including tortious interference and related claims.

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Phoenix Magazine Top Lawyer - 2023
Best Lawyers - 2024


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 ranging from professional malpractice claims to 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.  

Honors & Awards

Rated - AV Preeminent- "Highest Rating for Ethics, Legal Ability" by Martindale Hubbell" - 2014
Best Lawyers in America, 2024
Phoenix Magazine, Top Lawyers, Construction Law, 2022, 2023 
Arizona's Finest Lawyers - 2013-2023
The Legal Network,Top Lawyers in Arizona, 2016, 2017 
Lawyers of Distinction, Top 10% in the USA, 2017
Greater Phoenix Chamber of Commerce ATHENA Award nominee, 2017 

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.


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)

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