You're right when the agent starts with a plan and no file list and the files only exist after edit, but the way I designed Foremerge to work, it works anyway. The initial intent does not have to be complete, it just has to be right about any destructive parts. That is why Foremerge works by declaring intent as prose, not as a file list or methods. The agents them selves determine if something conflicts based on the signals Foremerge returns. It only asserts a HIGH warning on declared scope and only a HIGH signal blocks acceptance (to avoid false possitives based on prose alone). The declaration can change at any point and the auto installed skills into the agents encourage such (the initial intent is released by the agent and the new intent is committed)

I doubt this can really be deterministic, but maybe this is where Jev models can be useful