Jonathan Pelayo

Jonathan Pelayo's practice focuses on construction, energy and commercial disputes. Jonathan’s experience includes representing developers, real estate investors and managers, publicly traded companies, nonprofits, contractors, investors and entrepreneurs in a myriad of disputes, both in court and in arbitration.

As part of his construction practice, Jonathan represents owners, general contractors, subcontractors and suppliers. 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.

In the area of energy litigation, Jonathan represents energy companies 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.

As part of his commercial litigation practice, Jonathan has represented plaintiffs and defendants in cases involving claims as common as breach of contract to more nuanced claims, including wrongful foreclosure, pre-suit garnishments and a host of other matters where Jonathan’s creative, outside-the-box approach helps clients attain their objectives in an efficient manner.

Jonathan was named a Super Lawyers® Texas Rising Star in 2017, 2018, 2019, 2020 and 2021.

In his spare time, Jonathan enjoys going to concerts, cheering on the Texas Longhorns and San Antonio Spurs, and spending time with his wife, Sarah, and their son, Noah.

Jonathan’s representative experience includes:

Construction

• Represents publicly traded real estate developer in litigation against landowner arising from nuisance caused by adjoining high-rise development
• Represents real estate developer in a series of mechanics’ lien foreclosure lawsuits arising from general contractor’s contract defaults
• Represented real estate private equity firm in arbitration against architect arising from the design of high-rise multifamily project in Houston, Texas. Case settled for amount in excess of architect’s policy limit
• Represented New York-based investor, owner, developer and manager of infrastructure assets in connection with the development of complex in the Texas Medical Center area
• Represented subcontractor in claims related to former employee’s alleged breach of fiduciary duties
• Represented global engineering and construction company in dispute arising from construction of world’s largest PTA/PET plant
• Represents developer of industrial, commercial and residential construction projects in the negotiation of design and construction contracts
• Represents commercial concrete subcontractor in various construction and contract-related matters
• Represented commercial real estate developer in dispute with contractor that attempted to terminate contract. Case resulted in settlement for client
• 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

Energy

• Represents publicly traded midstream company in claims related to construction of gas processing facility in Weld County, Colorado
• Represents publicly traded midstream company in claims related to the construction of pipeline in South Texas
• Represented major North American energy company in dispute concerning deliveries of gas under Gas Processing Agreement
• Represented working interest owner in joint operating agreement dispute
• Represented 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

Other Civil Litigation

• Represented secured lender in bankruptcy proceeding concerning construction development sites in Austin, Texas. After the court lifted the bankruptcy automatic stay, the secured lender foreclosed on the development sites, and was later granted summary judgment on debtors’ wrongful foreclosure claim
• Represented lender in litigation against loan guarantor. Final judgment entered against guarantor for over $6 million
• Represented nonprofit owner of affordable housing project in San Antonio, Texas, against claims related to surplus cash note. Following bench trial, a verdict was rendered for nonprofit on all claims, and client was awarded nearly $1,000,000 in attorneys’ fees
• Represented seller in Purchase and Sale Agreement in arbitration concerning interpretation of Agreement’s "earn-out" provisions
• Represented 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