What is the Construction Commencement Deadline for a Bojangles restaurant if it is developed pursuant to a Development Agreement?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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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.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the Construction Commencement Deadline for a restaurant developed under a Development Agreement is determined by whichever date comes first: either 270 days after Bojangles's written site approval notice or the construction commencement deadline outlined in the development schedule of the Development Agreement itself.
This means that franchisees operating under a Development Agreement must adhere to a potentially stricter timeline than those opening a single unit. The Development Agreement's schedule could require construction to begin sooner than the standard 270 days, so it is essential to review the development schedule carefully.
Strict adherence to the Construction Commencement Deadline is critical. Failure to meet this deadline constitutes a material, non-curable breach of the Franchise Agreement, potentially leading to immediate termination by Bojangles. This underscores the importance of thorough planning and efficient execution in the development process.