Talk to an owner, go to jail? No, says the U.S. Supreme Court, which unanimously backs AGC’s Construction Advocacy Fund-supported effort to protect pre-bid interactions from criminal liability.
The U.S. Supreme Court barred federal prosecutors from using the “right-to-control” theory as part of its May 11 decision to overturn the conviction of construction contractor Louis Ciminelli. Had the original conviction on the basis of right-to-control stood, construction contractors would have faced severe limitations on their ability to communicate with public and private owners who are contemplating new construction projects or programs.
As AGC of America CEO Steve Sandherr explains in this video message, AGC of America and the AGC of New York State filed what is known as a “Friend of the Court” brief for this case against the use of right-to-control theory by criminal prosecutions. Last week’s decision represents a major victory for AGC of America, our AGC Construction Advocacy Fund, and the construction industry.
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