AGC of America CEO Stephen E. Sandherr comments on the Supreme Court case Ciminelli v. United States, in which the association filed a friend of the court brief. In the video, Sandherr explains that the case involved a contractor from Western New York who was charged with criminal fraud for helping draft a Request for Proposal (RFP) and subsequently winning the project. The contractor’s actions were deemed to have deprived the agency of its right to control the decision-making process, a theory that Sandherr argues is highly subjective and perilous. AGC’s brief aimed to educate the court on the common and appropriate nature of pre-bid communications between contractors and owners. Sandherr emphasizes that allowing convictions based on the right-to-control theory would negatively impact contractors’ ability to do business. He highlights AGC’s successful efforts in advocating for the construction industry, noting that AGC was the only construction association to file a brief in this case, funded by the association’s Construction Advocacy Fund. This involvement underscores AGC’s commitment to protecting its members’ interests in judicial, regulatory, and legislative matters.