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Yes in your scenario, but it's not necessary. Try this:
Thus the Developer tells the Contractor to start pouring concrete. The building permit isn't their responsibility and the contractor is paid based on work done (not buildings constructed), so they have no reason to refuse. Worst case they get paid to tear up concrete afterwards. The contractor starts pouring.
If I was a contractor pouring concrete for Trump, I would want all the paperwork signed and notarized in triplicate before I lifted a finger. Because if his weird little scheme goes sideways, he will not absorb the costs, he will try to throw me under the bus and claim that he had never authorized me to start pouring.
There might be real estate developers whom I would trust to have my back (or not), but anyone who trusts Trump to not leave them hanging is to naive to run a business.
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And?
...and therefore the scenario doesn't illustrate their point.
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