Section 8.10 Requirement of Written Contracts—Public Works Projects

• Library: Construction Law 2016 Supp

I. (§8.10) Requirement of Written Contracts—Public Works Projects

The issue of waiver or modification by oral agreement raises unique problems when the contracting party is a governmental entity. Section 432.070, RSMo 2000, provides as follows:

No county, city, town, village, school township, school district or other municipal corporation shall make any contract, unless the same shall be within the scope of its powers or be expressly authorized by law, nor unless such contract be made upon a consideration wholly to be performed or executed subsequent to the making of the contract; and such contract, including the consideration, shall be in writing and dated when made, and shall be subscribed by the parties thereto, or their agents authorized by law and duly appointed and authorized in writing.

This statute bars recovery for services...