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The doctrine of preemptive reliance

The doctrine of preemptive reliance refers to the legal principle that a contractor can defend against a claim of breach by showing that they reasonably relied on the owner’s instructions or plans, even if those instructions later turn out to be incorrect or defective. Essentially, it means that if the contractor trusted and followed the owner’s directions in good faith, they may avoid liability for issues caused by those directions, provided their reliance was reasonable. This doctrine encourages collaboration and clarity, emphasizing that contractors shouldn’t be unfairly penalized for following legitimate owner instructions.