According to the Bojangles franchise agreement, what is the Construction Commencement Deadline?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
its cost, the necessary permits required to construct the Restaurant and required in connection with any signage related to the Restaurant and shall meet all other applicable requirements established by local statute, local ordinance or otherwise. Franchisee shall commence construction of the Restaurant within two hundred seventy (270) days after the date of Franchisor's written site approval notice ("Construction Commencement Deadline"); however, if the Restaurant is developed pursuant to a Development Agreement, the Construction Commencement Deadline shall be the earlier of: (1) the date which is two hundred seventy (270) days after the date of Franchisor's written site approval notice; or (2) the construction commencement deadline set forth in the development schedule of the Development Agreement. Franchisee shall construct, furnish, and open the Restaurant within one hundred eighty (180) days after the commencement of construction ("Opening Deadline"); however, if the Restaurant is developed pursuant to a Development Agreement, the Opening Deadline shall be the earlier of: (1) the date which is one hundred eighty (180) days after the commencement of construction; or (2) the opening deadline set forth in the development schedule of the Development Agreement. Prior to opening for business, Franchisee shall comply with all pre-opening requirements set forth in this Agreement and in the Manual or as otherwise required by Franchisor in writing.
- C. Strict compliance with the Site Approval Deadline, Construction Commencement Deadline and Opening Deadline is essential to this Agreement. Any failure by Franchisee in fulfilling its obligations to meet the Site Approval Deadline, Construction Commencement Deadline or Opening Deadline shall constitute a material, non-curable breach of this Agreement permitting Franchisor immediately to terminate this Agreement by giving written notice of termination to Franchisee. Time is of the essence.
- D. Franchisee may submit a written request to Franchisor for an extension of up to six (6) months of the Site Approval Deadline, Construction Commencement Deadline and/or Opening Deadline for the Restaurant.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles' 2025 Franchise Disclosure Document, the Construction Commencement Deadline is generally within 270 days after the date of Bojangles' written site approval notice. However, if the restaurant is being developed under a Development Agreement, the Construction Commencement Deadline is the earlier of either 270 days after the site approval notice or the deadline outlined in the development schedule of the Development Agreement.
Strict adherence to the Construction Commencement Deadline is critical. Failure to meet this deadline constitutes a material, non-curable breach of the Franchise Agreement, which allows Bojangles to immediately terminate the agreement with written notice. This underscores the importance of careful planning and execution in the development process.
Bojangles may grant an extension of up to six months for the Construction Commencement Deadline, but this is at their sole discretion. To request an extension, the franchisee must submit a written request at least 14 calendar days before the deadline and pay a $2,500 extension fee. If Bojangles rejects the extension request, the fee will be refunded. This extension does not alter any other deadlines.
Prospective franchisees should be aware of these strict deadlines and the potential consequences of failing to meet them. It is advisable to discuss the development schedule and site approval process thoroughly with Bojangles to fully understand the timeline and any potential challenges.