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Download article as a PDF. Construction contracts do not necessarily have to be in writing. All states in the U.S. have a law â generally known as a statute of frauds â that requires certain types of contracts to be in writing in order to be a legally enforceable agreement. As the name suggests, the statute is designed to prevent fraudulent claims, especially in the case of large contracts.
Taking a Contract to Court. The main reason a contract must be in writing is that the terms of the contract might have to be taken to court. With an unwritten contract, all the court can do is listen to the testimony of the parties about what happened and what they remember that they agreed to. It becomes a he said/she said situation.