---
title: Is a Sworn Construction Statement Part of Your Contract?
description: MN decision regarding change orders
image: https://www.gallatin-law.com/hubfs/Canva%20images/Canva%20Design%20DAE17quy-FY.png
---
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01/19/2022
# Is a Sworn Construction Statement Part of Your Contract?
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According to the latest court of appeals opinion in [*Aspen Builders v. Raisch*](https://www.mncourts.gov/courtofappeals/recentopinions.aspx), the answer is No.
Residential contractors in all of Minnesota, Hugo, Duluth, or otherwise, must reduce their contracts to writing. Change orders are also required to be in writing. The exact form of the writing is not mandated.
In *Aspen*, an initial contract was written and agreed to by the parties. As is customary, changes ensued. The sworn construction statement prepared by Aspen was two months after the written contract, but also included language that it was a comprehensive list of materials, suppliers, and the like. Lacking was any evidence necessary to amend a contract: acceptance. Even if the scope of work on the written construction statement is not the same as that in the contract and even if all the work was done, it does not modify the contract.
*Aspen* highlights a very critical error made by essentially every contractor: failing to get change orders in writing, with a price, and signed off on by the client. I cannot urge builders and contractors enough to take the time to tidy up this paperwork. It is not fun, but it covers you in a dispute.
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## [Dan Gallatin](https://www.gallatin-law.com/blog/author/dan-gallatin)
Dan is a lifelong resident of Minnesota. Born in St. Paul, Dan spent many of his formative years growing up there before moving to White Bear Lake. After graduating from White Bear Lake, Dan spent four glorious years at the University of Wisconsin-Madison, earning a degree in two majors. Dan worked as a Senior Investigator at the Minnesota Department of Commerce for several years after graduating from college. During his final years Dan attended William Mitchell College of Law while still working full-time. During this exhausting 3 ½ year period Dan honed his skills in becoming an efficient, to-the-point legal practitioner. While at Madison Dan met his wife, Tonya, and together they moved to Minnesota to plant their roots. Dan and Tonya have two amazing, unique children and reside in Hugo.
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