What contracts does my business need?

Essential contracts include: client/customer agreements, vendor contracts, employment agreements, NDAs, commercial lease, operating agreement (for LLCs), and independent contractor agreements.

What is the statute of limitations for contract disputes in Delaware?

For written contracts: 3 years (written and oral) [§ 6-2714]. For oral contracts: 3 years (written and oral) [§ 6-2714]. UCC claims (sale of goods) have a 4-year limit [§ 6-2-201].

Do oral contracts hold up in court in Delaware?

Oral contracts are generally enforceable but difficult to prove. However, certain types of contracts must be in writing under the statute of frauds [§ 6-2714], including contracts over one year and sales of goods over $500.

What should every business contract include?

Every contract should include: clear identification of parties, detailed scope of work/services, payment terms, timeline, termination provisions, dispute resolution clause, confidentiality terms, and signatures of all parties.

Can I use online contract templates for my business?

Templates are a starting point but should be customized for Delaware law and your specific situation. A poorly drafted contract can cost more than hiring an attorney to draft one properly.

Topic guideUpdated 2026-02-27

Delaware Business Contracts — Essential Agreements

Contract essentials, statute of frauds, UCC provisions, and statute of limitations for business contracts in Delaware.

Strong contracts are the foundation of business relationships. Delaware's contract law is governed by common law principles and the Uniform Commercial Code (UCC) for sales of goods §6-2-201.

Essential Contract Elements

Offer — one party proposes terms

Acceptance — the other party agrees to those terms

Consideration — each party gives something of value

Capacity — both parties are legally competent

Legality — the contract's purpose is lawful

Statute of Frauds

Certain contracts must be in writing to be enforceable in Delaware §6-2714:

Contracts that cannot be performed within one year

Sale of goods over $500 (UCC) §6-2-201

Real property transactions

Promises to pay another's debt

Contracts in consideration of marriage

Statute of Limitations for Contract Claims

	Time Limit
Written Contracts	3 years (written and oral) §6-2714
Oral Contracts	3 years (written and oral) §6-2714
UCC (Sale of Goods)	4 years §6-2-201

Key Business Contracts

Client/customer service agreements

Vendor and supplier contracts

Employment agreements and offer letters

Non-disclosure agreements (NDAs)

Commercial leases

Independent contractor agreements

Partnership or operating agreements

⚠Never operate on a handshake agreement. Even between trusted partners, a written contract protects both parties and clarifies expectations. Oral agreements are difficult and expensive to enforce.

Prepare for Your Consultation

Quick checklist (Small Business)

Gather these before your first consultation.

Business formation docs

(articles of org., EIN, operating agreement)

Contracts and agreements

(client contracts, vendor agreements, leases)

Licenses and permits

(business license, permits, tax registrations)

General preparation tips only. Specific needs depend on your state and business type.

No Obligation

Ready to Talk to a Lawyer?

Submit a short intake form and a participating Delaware attorney who handles this type of matter may reach out to you. No commitment required.

Request a Free Consultation →

No attorney-client relationship is created unless you later sign an engagement agreement. Participating attorneys may pay a marketing fee to receive inquiries.

Common Questions