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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.
Under what is called the âstatute of fraudsâ in all states, certain contracts have to be in writing to be valid. Legislatures require these contracts to be in writing because they do not want parties taking advantage of each other. The following is a list of contracts that are required to be in writing to be valid: 1  Surety and guaranty contracts â These are contracts where one party agrees to be responsible for another partyâs debts.