Kenneth J. Januszewski

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 Arizona, 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 represented clients in complex class action construction defect cases and has lectured to national audiences on construction defect issues.

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.

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

Professional Affiliations

State Bar of Arizona

State Bar of Nevada

State Bar of New Mexico

State Bar of Michigan

Community Involvement

Boy Scouts of America

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