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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.
It's important to know not all contracts have to be in writing. In California, for instance, certain agreements can be oral and still be legally enforceable. Either way, a contract must include the following: parties capable of contracting, consent of the parties, a lawful object, and consideration. Parties.