Mihaela Nastase

Senior Associate

Senior Associate

Mihaela is a Senior Associate having more than 10 years of extensive experience as business lawyer advising local and international companies in multiple and complex matters covering construction law, public procurement and administrative law.

Mihaela is also specialised in Dispute resolution matters and has been involved in numerous complex disputes covering construction law, public procurement and administrative law, insolvencies, civil and commercial law. Moreover, Mihaela has been advised and represented Romanian and international companies in multiple and complex litigation cases arising from FIDIC contracts and from public procurement procedures.

She gained her expertise starting as a dispute resolution lawyer dealing with cases in civil and commercial law, and continuing her legal training by assisting and advising clients with several commercial matters, such as drafting, amending, negotiating and implementing contracts, including offering advice on day-to day operations. She was also advising and representing clients in complex and multidisciplinary court cases, including in several pre-litigation matters against regulatory environmental authorities.

At the moment she is focusing developing her legal expertise by handling some of the most complex projects undertaking in Romania in construction law and public procurement areas.

LANGUAGES

Romanian – English

EDUCATION

2018 – Master in Public Procurement, Concession and PPP (L.L.M.)

Faculty of Law, University of Bucharest

2010 – Bachelor of Laws (LL.B.).

Faculty of Law, University of Bucharest

REPRESENTATIVE EXPERIENCE:

Public Procurement:

  • Advised a hydropower investment group on various procurement matters in relation to public tenders in which the client participated either as a bidder, subcontractor and/or third supporting party.
  • Advised a company focusing on green energy projects in relation to public tenders organized by the local authorities for the concession of lands to be used for the construction of photovoltaic parks.

 

Dispute Resolution deriving from Public Procurement Procedures:

  • Advised and represented a company focusing on green energy on complex disputes arising from several public concession procedures organized in Romania.
  • Advised and represented a local bidder in a litigation arising from a public procurement procedure, including drafting the preliminary questions to the Court of Justice of the European Union regarding the interpretation of Directives 2014/24/EU and 89/665/EEC.
  • Advised and represented a local bidder before the National Council for Solving Complaints for maintaining the result of the public procurement procedure organized by Transelectrica SA.

 

Dispute resolution deriving from FIDIC Contracts:

  • Advised and represented an engineering and project management service provider in a dispute against a renowned constructor in respect with contractual breaches in total amount of EUR 4M arising from a design and build contract.
  • Advised and represented a Romanian consultancy and road marking execution company in litigation against the National Company for Road Infrastructure Administration through one of its regional subordinate units in Romania.
  • Advised and represented a technical consultancy and supervisory local company in a litigation against a regional operator of the water supply and sewage network from an important county in Romania, in respect to contract termination and contractual breaches, estimated 3 M EUR VAT excluded.
  • Advised and represented a technical consultancy and supervisory local company in a litigation for the annulment claim of an Article from the repealed Government Decision no. 925/2006, against the Government of Romania.

 

Commercial:

  • Advised and represented a leading local property manager in complex cases related to the ownership titles, the annulment of a concession contract concluded with a public authority and several restitution claims.
  • Advised a hotel group in Romania in a settlement for obtaining contractual damages from a local constructor arising from the breach of a works contract.
  • Advised a local subsidiary of a French construction company acting as a supplier, in a settlement for obtaining the payment of a claim in a total amount of EUR 3,2 M VAT excluded, directly from National Company for Road Infrastructure Administration, as the beneficiary of a yellow FIDIC contract.
  • Reviewed the agreement for the construction work for the rehabilitation of the main sewage collector in Bucharest for the local subsidiary of a French construction company.

 

OUR OFFICES

Bucharest

one herastrau office

30-32 Daniel Danielopolu Street, One Herastrau Office, 6th Floor, Bucharest, 014134, Romania

Phone: +40 (21) 316 87 49

Fax: +40 (21) 316 87 56

E-mail: office@saa.ro

09:00 – 19:00