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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.
The elements of written and oral contracts are the same, and they all must be present in order for the contract to be binding. In determining whether an oral contract exists, the court looks to the communications between the parties and to the acts and circumstances surrounding those communications.