Mrs. Sue Hathorn
Office of the Attorney GeneralMay 28, 1992
1992 WL 613943 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 May 28, 1992
*1 Mrs. Sue Hathorn
*1 Interim Executive Director
*1 Mississippi Department of Human Services
*1 421 West Pascagoula Street
*1 Jackson, Mississippi 39203–3524
Dear Mrs. Hathorn:
*1 Attorney General Mike Moore has received your request for an opinion and has assigned it to the undersigned for research and reply. Your request appears as follows:
*1 The Mississippi Department of Human Services (MDHS) must enter into various contracts in order to carry out its statutory duties. In the process of negotiating contracts, particularly with our requests for proposals, we are constantly being asked to enter into contracts which limit the contractor's liability under the contract.
*1 Thus, MDHS seeks an Attorney General's Opinion on whether it may enter into a contract which limits the contractor's liability to a certain amount. We further request your opinion as to whether MDHS may agree to a clause providing that the contractor will not be liable for indirect, special, punitive, exemplary or consequential damages of any kind.
*1 We are in the midst of a project on which vendors have already asked the above questions. Therefore, your immediate assistance in this matter is appreciated.
*1 Generally, it is our opinion that § 100 of the Mississippi Constitution of 1890 prohibits a state agency from extinguishing or releasing lawful claims of the state except upon lawful payment thereof.
1992 WL 613943 (Miss.A.G.)
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