Muschamp owed $15m instead of $13m b/c Tanner & USC board never signed updated contract

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An agreed-upon revision to former South Carolina football coach Will Muschamp’s contract that was never signed by the parties would have saved the university $2 million in buyout money when it fired him. The failure to complete the contract amendment, which was approved by USC’s board of trustees in December of 2019, means Muschamp’s buyout obligation from the school remains at a bit more than $15.5 million, instead of slightly more than $13.4 million.

At the time of the amendment’s passage, the change was publicized as a move to allow Muschamp to redirect money to help retain a key assistant coach. It also removed Muschamp’s annual raises and therefore lowered the university’s burden should it fire him. However, the contract, which was obtained by The State this week following a Freedom of Information request, shows the amendment was never signed by Muschamp, athletic director Ray Tanner or board of trustees secretary J. Cantey Heath.

Tanner has said several times, including as recently as Monday, that he will negotiate the buyout terms with Muschamp. Contract law expert Marty Greenberg, however, told The State there isn’t much to negotiate. An unsigned contract typically isn’t enforceable. Since Muschamp has already been relieved of his duties, it’s not clear what incentive, if any, he has to give the school a break.

Muschamp could negotiate to receive less money from South Carolina, but his contract doesn’t require him to do that. Without mitigation language and with the buyout spelled out, Muschamp really only has to collect his money, spread out across four years, and perhaps earn a paycheck from a new job on top of it.

Last December, Tanner said the change in the contract came about after Muschamp suggested it. The team finished 4-8, but Tanner said Muschamp wanted to give running backs coach Thomas Brown a raise. But Brown, who got a $200,000 raise, wasn’t around long. He took a job with the NFL’s Los Angeles Rams two months later. Two months after that, McClendon left for Oregon. Each paid the school $100,000 to get out of their USC deals, according to documents The State obtained through public records requests.

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