Brian F. Stayton
Providing legal representation throughout Florida and local service for Tampa, Brandon, Valrico and Lithia businesses and consumers
Practice Areas
 

Construction Law and Litigation:

I work in all phases of the construction process, from document preparation through project close out and any resulting litigation.  I provide contract drafting and negotiation, lien advice, claims preparation, and problem-solving.  I have extensive experience in design, specification, and construction means and methods.  I am familiar with residential, commercial, industrial, multi-family projects, and site development.  My clients are in all facets of the construction industry -- general contractors, subcontractors, suppliers, sureties, owners, developers, architects, and engineers.

When necessary, I also resolve construction disputes in mediation, arbitration, settlement, and trial. 

In addition to construction defects and issues, I am regularly involved in claims of property damage from many different causes, including hurricanes, fires, collapses, and mold. 

Commercial Litigation:

In addition to construction litigation, I have represented a wide variety of clients in many types of disputes. These include payment disputes, leases, contracts, purchase and sale agreements, indemnity claims, labor issues, insurance coverage, licensing complaints, and professional negligence.  I seek to avoid litigation whenever possible by exploring opportunities for early resolution through mediation, arbitration, or informal settlement. But once litigation becomes necessary, I work hard to achieve the best outcome for my clients.

I have successfully tried cases in county, civil, and federal courts throughout the state of Florida. When the need for formal dispute resolution arises, I have the experience in successfully representing clients in the courtroom and in arbitration.


Mortgage Foreclosure Defense:


Do you know someone who has been sued for foreclosure? Are they afraid of losing their home? If so, and if they want to keep their home and equity in it, hiring an attorney may be the best solution. It may allow the owners the time needed to make serious decisions.

Many people assume that if a lender starts foreclosure proceedings the defendant owes the money and has no real defense. However in the better part of the last decade many different types of mortgage loans and creative financing of these loans have evolved. In many cases, mortgages were approved by falsifying information and hiding abusive fees within the mortgage contract.  When mortgages and notes were sold, transferred and securitized, the lenders and the mortgage servicers often cannot prove their right to litigate under the standards of Florida law.  Under Florida law, if rights were compromised during the creation of a mortgage contract, the owners may be entitled to seek relief, whether it is a negotiation for reduced payments, reduction or deferral of principal, forgiven debt, or other solutions depending on the unique situation.  Oftentimes homeowners in foreclosure crisis can use the violations of the law to defend the foreclosure suit and reach a solution that allows them to stay in their homes.

Because the lender hires attorneys to pursue its foreclosure cases, it is important for any homeowner who is facing foreclosure to hire an attorney to defend their interests. Lenders are often much more willing to negotiate after an attorney advises them of the violations that may be found within a mortgage documents.

School and Education Law:

In addition to construction law and commercial litigation, I also have experience in representing special needs children and their parents against local school districts.  I have represented parents and children seeking enforcement of their rights to a free appropriate public education, as guaranteed by federal law and the Florida Constitution. 

If you need experienced representation before school administrators or school boards concerning any child with special needs, give me a call. 

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