Raluca Mihai

Raluca Mihai

Partner

“We are passionate about our work and always interested in our clients’ business. This is the key to our approach, translating into proactive solutions for any legal matter.”  

Raluca Mihai is a partner of Voicu & Filipescu.  Her main practice focuses on public procurement, litigation, employment, general corporate and commercial, as well as administrative law and FIDIC contracts. A particularly relevant area of her expertise refers to advising consortia or legal entities in all phases of public procurement procedures, up to the award and implementation of public contracts, as well as providing successful representation in the administrative contestation procedure and disputes in court in connection with such tenders. She also provides expert advice on a wide variety of employment related matters, protecting employers’ interests throughout the contractual relationship with their employees, as well as in labor disputes.

Raluca Mihai is also a licensed Procurement Expert and is the Exclusive winner of ILO Client Choice award for Projects and Procurement in 2017.

Education LL.M. Business Law – University Nicolae Titulescu (2010)
Law School – University of Bucharest (2004)
Bachelor Degree Companies Management Academy for Economic Studies, Bucharest (2004)
Memberships Bucharest Bar Association (2006)
Languages Romanian, English and French

Representative projects ...

 Assistance to a member company a Polish-based group active in complex turnkey investment projects, acting as bidder, in a public procurement procedure organized by the Romanian gas transmission company for the purpose of awarding a project for the technical design of three gas compression stations in Romania, as part of a complex European gas infrastructure project for the development of a gas pipeline from Bulgaria to Austria, via Romania and Hungary (BRHA); the assistance also included representation of the client, as winning bidder, in litigation cases initiated by the second winner in front of CNSC (both administrative with the procurement complains adjudication body) and in court, as well as advice in connection with a major subcontracting under this project.
 Assistance to a Romanian waterway authority in a complex claim initiated by a former contractor asking for damages for conclusion with delay of the public contract (FIDIC contract) and restitution of delay damages involving administration of two specialized expertise reports, good knowledge of the public procurement legislation before 2006 and afterwards, and invoking res judicata in relation with the restitution of the delay damages, following a binding arbitral decision.
 Assistance to the global leader in water, hygiene and energy technologies and services in a public procurement procedure and representation of the client in front of the CNSC in litigation file regarding the complaint of the result of the procedure.
 Assistance to an important City Hall of a city in Romania with approx. 115,000 inhabitants, in relation to complex audit services for the period 2012-2016, including analysis of contracts, different commercial operations, implementation of Court of Accounts decisions, execution of court decisions, and others.
 Assistance and representation to a Romanian division of a German global diversified retail and wholesale/cash and carry group, in a complex labor litigation case, involving dismissal of a human resources manager, requesting for integration and payment of overtime and moral damages, amounting all to EUR 250,000. The dismissed employee’s complaint was rejected, and the plaintiff received only part of the overtime proved in court.
 Assistance to a member company of a Spanish-based group active in energy, construction and concession of large infrastructure projects throughout the world, acting as bidder, in a series of public procurement procedures organized by Romanian contracting bodies; relevant recent projects include advice on a build works FIDIC contract for the development of Transilvania Highway, as well as rehabilitation of section 3 of Curtici-Simeria railway; rendered services have covered advice on various public procurement aspects, as well as assistance in court in litigation cases arising in connection with such procedures and contracts.
 Assistance and representation of one of the most important supermarket chain in Romania, in a liability claim against one former employee who launched accusations in public media regarding unhealthy practices of the company in relation with the alimentary products sold. The legal claim was admitted in first instance and administration of the file included a complex evidence consisting of an accountancy expertise, interrogation of 14 witnesses and submission of criminal complaints against the former employee, including for the attempt of threatening our client’s witnesses.
 Assisted a company member of a major German based telecommunications group, providing professional and administrative HR services to the group on a variety of legal matters in connection with the client’s day-to-day business activity, including employment matters, data privacy and contracts. Also supported the client in reviewing its performance appraisal procedures and policy on a company level.
 Assisted one of the world’s leading suppliers of hydroelectric equipment, technology and services, on Romanian legal matters in connection with the international arbitration case between the client and a Romanian state-owned hydropower company (also representing Romania’s largest power producer) in connection with a contractual breach.
 Assisted a series of clients active in energy, medical equipment, IT&C in public procurement related litigation cases in front of CNSC (the Romanian administrative court on public procurement procedures) and in courts of law in connection with public procurement procedures.
 Assisted a major healthcare equipment manufacturer in a series of public procurement procedures by which Romanian state-owned hospitals throughout the country have contracted the supplying, designing, installing and commissioning of medical devices, including magnetic resonance imagery equipment (RMN) and computer tomography equipment (CT).
 Assisted a construction company in the public procurement procedure organized by the Romanian state-owned roads company Compania Nationala de Administrare a Infrastructurii Rutiere SA (CNAIR) for the design and construction of Timisoara Sud by-pass.
 Assistance to a well-known German company specialized in nuclear service, nuclear technology, magnet technology and environmental technology, in connection with a series of public procurement. Rendered services include assistance in preparation of the offers submitted in a series of public procurement procedures organized by major Romanian energy companies, as well as in the complaints filed in front of the National Council for Solving Complaints (CNSC) and the litigation files pursued in front of the Romanian courts related to the said awards, in cases worth more than EUR 300 million. Major projects outlined below:
       – Assistance in the tender organized for the award of a rehabilitation and desulphurization works contract for Deva thermal power plant, as well as in filing a complaint with CNSC against the tender documentation criteria; project value: EUR 203 million (2013).
       – Assistance in preparing and submission of the offer, in the complaints filed by other bidders in front of CNSC and the competent courts of law and in the negotiation and conclusion of the public contract, all in relation with the tender for award of the works contract for construction of a desulphurization installation; project value: EUR 76.5 million (2010 – 2011).
       – Assistance in preparing and submission of the offer, in the complaints filed by other bidders in front of CNSC and the competent courts of law and in the negotiation and conclusion of the public contract, all in relation with the tender organized by a local Council for the award of the works contract for construction of a desulphurization installation (prepared under FIDIC Yellow Book); project value: EUR 34.5 million (2012 – 2013).
       – Assistance in all complaints and legal claims filed in relation with the award of the public contract in the tender organized for the award of the works contract for construction of desulphurization installation in Craiova (2010 – 2013).
 Assistance to a Municipality on all legal matters in connection with a series of public procurement procedures organized by the client, aimed at awarding contracts for the purpose of achieving its objectives under its multi-annual local thermal rehabilitation program.
 Assistance to a well-known Romanian engineering company and an active trader of electricity in a series of public procurement procedures, including advice in the complaints filed in front of CNSC and the litigation files in front of the Romanian courts related to three public procurement procedures organized by major Romanian energy companies, for the purpose of awarding works contracts with an aggregate amount of over EUR 200 million (2008 – 2014).
 Assistance to a well-known Romanian engineering company and an active trader of electricity in the public procurement procedure for award of the works contract for construction of a desulphurization installation; project value: EUR 76.5 million (2010 – 2011).
 Assisting the market-leading suppliers of products and services for the power generating industry, part of an important German company, in preparation of the offers, response to clarifications, negotiation of contractual deviations, complaints against the tender documentation in a series of public procurement procedures organized by major Romanian energy companies, as well as by Romanian municipalities, with the purpose of awarding works contracts for rehabilitation and modernization of power units and retehnologization of hot water boilers, contracts prepared under FIDIC Yellow Book (2012-2013).
 Assisting a leading global maritime services company operating in the dredging, offshore energy and inland infra sectors, in connection with preparing complaints in front of CNSC and representation in front of the competent courts of justice in relation with all litigation files in the public tender for the award of the works contract for protection and rehabilitation of the Romanian sea coast; project value: approximately EUR 100 million.
 Assistance to the Romanian subsidiary of a worldwide company specialized in complex plant construction, industrial services, apparatus engineering, electrical instrumentation and control technology, energy and environmental technology and oilfield service, in winning a public tender organized by a Romanian entity valued at EUR 39 million; rendered services included successful representation in front of CNSC and the Romanian courts of justice.
 Assistance to the Bucharest Branch of a global management consulting, technology services and outsourcing company, acting as bidder, in a series of procurement procedures organized by major companies for the award of consultancy services and implementation of customized software solutions. Rendered services cover assistance in preparing and submitting the offer, assistance in negotiating the contractual clauses and on concluding the services agreement with the respective beneficiaries.
 Assistance to a considerable number of clients on employment projects, including employment handbooks and policies, dismissal procedures, labor disputes. Clients assisted recently include a pawn shop network, a developer and producer of mechanical pipe joining systems, a leading global tire and rubber company, the internal IT service provider of a major retailer etc.
 Active involvement in the legal team assisting the leading bank in the Romanian banking system in the assessment of the legality of almost 20,000 garnishment requests, in a complex project in which twenty-four lawyers were seconded at the client’s office.