What is the Construction Commencement Deadline for a Bojangles restaurant if it is not developed pursuant to a Development Agreement?
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.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles' 2025 Franchise Disclosure Document, if a franchisee is not developing a restaurant under a Development Agreement, they must commence construction within 270 days after the date of Bojangles' written site approval notice. This deadline is referred to as the "Construction Commencement Deadline."
This requirement is critical because strict compliance with the Construction Commencement Deadline is essential to the Franchise Agreement. Failure to meet this deadline constitutes a material, non-curable breach of the agreement, which allows Bojangles to immediately terminate the agreement by providing written notice.
Time is of the essence, meaning the franchisee must adhere strictly to the deadline. Franchisees should ensure they have all necessary permits and approvals well in advance to avoid breaching the agreement and losing their franchise. This is a common clause in franchise agreements to ensure timely development and opening of new locations.