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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.
However, some contracts must be in writing to be enforceable. All contracts must include an offer, the acceptance of that offer, and an exchange of value between the parties (which is known as consideration). If any of those elements are missing, the contract will not be valid.