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审理施工合同纠纷,必须认定合同效力;确认合同无效或撤销合同的,还必须裁判其法律后果。施工合同生效必须满足主体合同、意思表示真实、内容合法等基本要件。认定施工合同效力,应全面运用《合同法》第52条加以综合判断。承包人无资质或超越资质、借用资质、强制招投标项目未招标或中标无效、非法转包、违法分包等情形,均可导致施工合同无效。施工合同如被认定为无效,应根据《合同法》并结合施工活动特点,对其法律后果作出适当处理。
When hearing a construction contract dispute, the contract must be validated; if the contract is invalidated or the contract is canceled, it must also adjudicate its legal consequences. Construction contract entered into force must meet the main contract, meaning that the real content of the basic elements such as legal. To conclude that the construction contract is effective, Article 52 of the Contract Law should be fully used to make a comprehensive judgment. Contractor qualification or qualifications without qualifications, borrow qualification, the mandatory bidding project is not tender or successful bidder, illegal subcontracting, illegal subcontracting, etc., can lead to the construction contract is invalid. If the construction contract is found to be invalid, the legal consequences should be properly handled according to the Contract Law and the characteristics of construction activities.