In addition to generally applicable contract law principles, special care should be taken when contracting with public boards in Mississippi. Otherwise, you may find yourself with a contract that is unenforceable or exposes you to more liability than anticipated. This article addresses (1) the ability to bind future boards, (2) the "minutes rule," and (3) whether statutes of limitations or statutes of repose apply to political subdivisions of the State.
A. Ability to bind future boards
"[T]here is a long-standing rule in Mississippi that predecessor boards generally cannot bind a successor board." Broadband Voice, LLC v. Jefferson Cnty., 348 So. 3d 305, 308 (Miss. 2022). Thus, long-term contracts that could extend into the terms of future boards are subject to being cut short. That is not to suggest that you cannot or should not enter into long-term contracts...
