建设工程施工合同在招投标、合同签订、合同履行、签证与索赔、工程结算等各个环节都存在各种各样的法律风险,而这些风险都会对合同的效力产生影响。如何在遵守法律、法规的前提下,尊重事实,合理判断建设工程的合同效力问题,并在认定效力后进行正确处理,做到既平衡当事人之间的利益,又能防止规避、违反法律行为的发生,是需要裁判机构进行研讨和深思的课题。 Construction contracts have various legal risks in tendering and bidding, contract signing, contract performance, visa and claim settlement, project settlement and so on, all of which will affect the validity of the contract. How to comply with laws and regulations, respect the facts, judicially determine the effectiveness of the construction contract, and after the determination of the effectiveness of the correct treatment, so as to balance the interests of the parties, but also to avoid evasion, violation of legal acts Occurrence is the subject of discussion and deliberation by referee agencies.