Is a written contract for the performance of construction management services necessary?

A written contract for the performance of construction management services is not strictly necessary in all situations. In many cases, verbal agreements can be legally binding, although they are generally discouraged due to potential misunderstandings and lack of clear documentation. Having a written contract provides clarity and formality to the agreement, establishing the expectations and obligations of both parties involved.

However, depending on the nature of the construction project, the specific relationship between the parties, and the preferences of those involved, a written contract may not be deemed essential. For smaller projects or informal agreements, parties may rely on verbal commitments. In addition, certain jurisdictions may not mandate formal written contracts for modest undertakings, approaching the necessity of formalization from a project-specific or practical perspective rather than a rigid requirement.

While larger projects, state laws, or specific best practices could suggest forming written contracts, the absence of a universal requirement means that the necessity of a written agreement can vary. It is always advisable, however, to create a written document in professional settings to minimize risks and clarify terms.