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工程施工黑合同指在工程发包过程中除通过招投标程序签订的正式备案合同外,建设方与施工方就同一工程另外签订的,与备案合同实质性内容不一致的工程施工合同。黑合同在工程实务中屡见不鲜,在司法实践中对黑合同的效力认定也林林总总,不一而足。近期笔者接触到华亮建设集团股份有限公司抗诉案,该案的核心问题是对黑合同的效力认定,该案较全面地反映黑合同的认定问题。
Construction contract refers to the black contract in the process of project contract in addition to the formal record of the contract signed by the bidding contract, the constructor and the construction side signed on the same project, the substantive content of the filing contract is inconsistent with the construction contract. Black contracts are not uncommon in engineering practice. In the judicial practice, the effectiveness of the black contract is also found everywhere. Recently, the author came into contact with Huagang Construction Group Co., Ltd. to protest the case. The core issue of the case was the recognition of the validity of the black contract, which fully reflected the cognizance of the black contract.