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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.
Contracts can be in writing, made orally, or created through the actings of the parties. For clarity, most commercial contracts are in writing to maintain a proper record of the agreement.Oral contracts create a greater potential for disputes on the terms with the parties having problems evidencing their position.he now commonplace use of email raises the question of whether the postal acceptance rule applies to emailed acceptances. Currently there is no statutory law on this point. The contract could be formed when the email acceptance is read or when the email acceptance is sent.