在建设工程施工合同中,在发包人提起的诉讼中,如果发包人是善意不知晓该挂靠协议,挂靠符合代理的法律特征,可以被看做是代理,代理行为违法,被代理人和代理人承担连带责任;在工程质量争议中,挂靠方和被挂靠方对发包人共同侵权,承担连带赔偿责任;在挂靠方提起的诉讼中,挂靠方和发包人是事实上的承包关系,挂靠方和被挂靠方只是挂靠关系,可以考虑被挂靠方在收取管理费的范围内对挂靠方承担责任。 In the construction contract, in the lawsuit filed by the contractor, if the contractor is goodwill without knowing the affixed agreement and the legal characteristics of the affiliated agent, it can be regarded as the agent, the agent acts illegal, the agent and the agent In the project quality dispute, the calling party and the called party jointly infringe upon the outsourcer and assume the joint and several liabilities for compensation. In the lawsuit filed by the calling party, the calling party and the outsourcer are the de facto contractual relationship, Be linked by the parties just linked to the relationship can be considered by the anchoring party in the collection of management fees within the framework of the affiliated party to bear the responsibility.