建设工程合同效力研究

合同成立是事实判断，有效是法律判断，而生效既是事实判断也是法律判断。工程分包与工程总包、承揽分包、联合承包有密切联系，但与工程转包有本质不同。建设工程合同无效的原因表现形式多样，在处理无效建设工程合同时，应根据具体情况，除要求当事人以恢复原状、折价补偿、赔偿损失、收缴财产等方式承担责任外，还要承担相应的行政责任。

Study on the Effect of Construction Contract

In dealing with the construction contract, to establish a contract is a result of judgment of facts, to be valid is a result of judgment of law and to come into force includes both above two. There is some close relation between subcontracting construction partly and general contracting, contract subcontracting, joint contract, but is different from subcontracting construction wholly in nature. The reasons, causing construction contract to be null and void, are various. In dealing with invalid ones, the clients should be claimed to undertake some responsibilities according to different conditions. These responsibilities involve relevant administrative responsibility in addition to civil responsibility such as reimbursement, compensation at a discount, restitution of damages and taking over the property.