Jonathan Pelayo

Jonathan Pelayo




Jonathan Pelayo is a Partner practicing in Locke Lord's construction and energy litigation groups, where his experience includes representing contractors, real property owners, mineral property owners, and operators in both construction and oil & gas disputes. For clients across a variety of industries, Jonathan has considerable experience in post-judgment collection matters, including sequestrations, garnishments, and post-judgment discovery.

In the area of construction litigation, Jonathan has represented subcontractors, general contractors, and owners. Jonathan has handled a wide range of construction disputes, including arbitrations and lawsuits concerning the breach of engineering, procurement, and construction ("EPC") contracts, joint venture contracts, design defect claims, delay claims, and mechanic lien foreclosure claims. Jonathan has also advised clients before disputes arise by creating “best practices” guides, drafting construction contracts and related documents, and advising clients concerning the termination and suspension of existing contracts.

In the area of energy litigation, Jonathan has represented energy companies and mineral property owners in disputes concerning joint operating agreements, gas processing agreements, production handling agreements, asset purchase agreements, oil and gas leases, and other contracts common in the energy industry. Jonathan has also advised clients in connection with filing and enforcing mineral liens.

Jonathan has been named a Rising Star by Super Lawyers in 2017-2020. In 2017, the Construction Society Lawyers of America selected Jonathan as a CSLA Fellow, making him one of only 35 lawyers in Texas, and one of the youngest, to receive the distinction.

Representative Experience

Representative Construction Experience

  • Represents global engineering and construction company in dispute arising from construction of world’s largest PTA/PET plant.
  • Represents developer of commercial and residential real estate project with regard to drafting and negotiating AIA and other construction contract documents.
  • Represents commercial real estate developer in dispute with contractor that attempted to terminate contract.
  • Represents commercial concrete subcontractor in various construction and contract related matters.
  • Represented owner of gas processing plants with claims against Korean supplier of defective valves.  Summary judgment was granted for client.
  • Represented commercial insulation company in lawsuit concerning renovations and repairs made to Minute Maid Park's chilled water insulation system.  After conclusion of discovery, Plaintiff voluntarily dismissed all claims against client.
  • Represented EPC contractor in breach of contract claims against owner of gas processing plant in Colorado.  Case resulted in settlement for client.
  • Represented joint venture partner in two-week arbitration against other joint venture partner.  Arbitration award to be issued before year-end.

Representative Energy Experience

  • Represents major North American energy company in dispute concerning deliveries of gas under Gas Processing Agreement
  • Represents working interest owner in joint operating agreement dispute
  • Represents global provider of specialized energy personnel in indemnification disputes with several of its independent contractors
  • Represented oil and gas exploration company in breach of contract claims against lessor in North Dakota. Court granted summary judgment dismissing all claims against client.
  • Represented energy trading company in litigation involving contractual, fiduciary, and trade secret misappropriation claims
  • Represented owner of offshore oil and gas interests in claims against operator of Gulf of Mexico platforms and wells.  Arbitration resulted in settlement for client.
  • Represented royalty interest owner in litigation involving interpretation of oil and gas deeds.  Case settled for client.
  • Represented subsidiary of Chinese energy company in litigation concerning sale of blowout preventers.  Case resulted in settlement.

Representative Other Civil Litigation Experience

  • Represents seller in Purchase and Sale Agreement in arbitration concerning interpretation of Agreement’s "earn-out" provisions
  • Represents owner of affordable housing properties against claim that owner breached informal fiduciary duty to lender
  • Represented accounting firm against claims of breach of fiduciary duty and conspiracy.  All claims were dismissed on summary judgment.
  • Represented Chinese energy company in litigation concerning alleged joint venture agreement with over $1 billion in controversy.  All claims were dismissed on summary judgment.
  • Represented multinational energy company in lawsuit involving fraud, breach of contract, negligent misrepresentation, and "alter-ego" claims against publicly-traded engineering, procurement and construction contractor that claimed to be owed more than $10 million.  Case resulted in significant settlement for client, for a multiple of the amount claimed by the contractor.
  • Defended affiliates of Netherlands-based oil and gas services company in heavily contested post-judgment garnishment matters.  Case resulted in settlement.
  • Represented media installation and home integration business in breach of contract action against fiber optics company and its directors.  Summary judgment was granted against company and directors, individually.

Professional Affiliations and Recognitions

  • Named, The Best Lawyers in America® for Commercial Litigation (2021)
  • Named, Texas Rising Star by Super Lawyers (2017-2020)
  • Fellow, Construction Lawyers Society of America (2017-Present)
  • Member, Texas Rules Committee (2016-Present)
    • Pre-Trial Rules Subcommittee
  • Member, Chartered Institute of Arbitrators (2014-Present)
  • Member, State Bar of Texas
    • Construction Litigation Section (2014-Present)
  • Member, American Bar Association
    • Forum on Construction Law (2015-Present)
  • Member, Houston Young Lawyers Association
  • Member, Houston Bar Association

Community Leadership

  • University of Texas School of Law Houston Steering Committee
  • Member, Texas Exes, Houston Chapter
  • University of Texas School of Law, 2007 Reunion Committee
  • Member, Young Professionals in Energy
  • Volunteer, Habitat for Humanity
  • Volunteer, Houston Volunteer Lawyers Program