Under what condition can a Carvel franchisee propose their own General Contractor?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
We will designate or pre-approve one or more licensed and insured general contractors (a "General Contractor") that you must engage, at your own expense, to complete your buildout, unless we, in our sole discretion, agree in writing to accept a General Contractor that you propose.
Our designation, pre-approval, or acceptance of a General Contractor will not in any way be our endorsement of such General Contractor or render us liable for such General Contractor's performance. (Franchise Agreement, Section 6.1.A.)
Source: Item 11 — Franchisor's Assistance, Advertising, Computer Systems, and Training (FDD pages 59–74)
What This Means (2025 FDD)
According to Carvel's 2025 Franchise Disclosure Document, Carvel will designate or pre-approve one or more licensed and insured general contractors that the franchisee must engage to complete the buildout of their location. However, Carvel may, in its sole discretion, agree in writing to accept a general contractor that the franchisee proposes.
This means that while Carvel typically requires franchisees to use their designated or pre-approved contractors, a franchisee can suggest their own contractor. However, Carvel has the final say and must provide written approval for the franchisee's choice. This protects Carvel by ensuring that any contractor meets their standards and qualifications.
It is important to note that Carvel's designation, pre-approval, or acceptance of a general contractor does not constitute an endorsement or create liability for the contractor's performance. The franchisee bears the responsibility for the contractor's work. This is a common practice in franchising, where the franchisor wants to maintain quality control without assuming direct liability for the contractor's actions.