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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.
1 The other party asks for an oral contract only-If one party is persistent about not having a contract written down, this is a sign that good faith may not be on that partyâs agenda. 2  The agreement is too complex to be written down-Written contracts are designed for complex deals.