Is time of the essence in the construction and opening of a Corner Bakery Cafe?

According to the 2025 Corner Bakery Cafe Franchise Disclosure Document, time is indeed of the essence when it comes to the construction and opening of a franchised cafe. The agreement explicitly states that failure to comply with deadlines related to construction and opening constitutes a material breach or default of the agreement. Any extensions to these deadlines are subject to Corner Bakery Cafe's approval, which they may withhold at their discretion.

Corner Bakery Cafe requires franchisees to complete construction within 150 days after the start of construction, unless otherwise agreed upon. This includes obtaining all necessary construction and occupancy licenses, permits, and approvals, as well as developing the location and purchasing required catering equipment. Franchisees must also notify Corner Bakery Cafe in writing of the expected date of certificate of occupancy issuance at least 40 days prior to the anticipated completion date.

Furthermore, franchisees must open the Corner Bakery Cafe within 45 days after construction is completed, all necessary approvals have been obtained, and before the Opening Deadline. Franchisees cannot open for at least 24 days after construction is completed to allow time for employee training. Corner Bakery Cafe retains the right to conduct a final inspection to ensure compliance with the agreement, including the Schematic Plan, Branding Plan, and Plans and Specifications. Opening the cafe requires express written authorization from Corner Bakery Cafe, contingent upon meeting specific conditions outlined in the agreement.