Who must the Del Taco franchisee's architect or engineer be acceptable to?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
Restaurant has not been obtained by Franchisee and approved by Del Taco, one hundred eighty (180) days from the later of (i) Del Taco's approval of the location for the Restaurant pursuant to the Site Selection Addendum, or (ii) Franchisee's access to the leased premises as permitted by the lessor under the lease.
- 5.2 Pre-Opening Obligations. Before commencing any construction of the Restaurant, Franchisee, at its expense, shall comply, to Del Taco's satisfaction, with all of the following requirements:
- 5.2.1 Franchisee shall employ a qualified, licensed architect or engineer who is acceptable to Del Taco to prepare, for Del Taco's approval, preliminary plans and specifications for site improvement and construction of the Restaurant based upon the site construction package furnished by Del Taco or its designee pursuant to Section 4.1, and as may otherwise be authorized by Del Taco due to the particularities of the site of the proposed location. Del Taco's approval shall be limited to conformance with Del Taco's standard image specifications and layout and shall not relate to Franchisee's obligations with respect to any federal, state and local laws, codes and regulations including the applicable provisions of the ADA regarding the construction, design and operation of the Restaurant, which subjects shall be Franchisee's sole responsibility. If Del Taco or its affiliates provide site development services to Franchisee, Franchisee will be required to pay Del Taco a site
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, a franchisee must employ a qualified, licensed architect or engineer who is acceptable to Del Taco. This architect or engineer will prepare preliminary plans and specifications for site improvement and construction of the Restaurant. These plans are based upon the site construction package furnished by Del Taco.
Del Taco's approval of the architect or engineer and the preliminary plans is limited to conformance with Del Taco's standard image specifications and layout. It does not extend to the franchisee's obligations regarding federal, state, and local laws, codes, and regulations, including ADA compliance, which remain the franchisee's sole responsibility.
Furthermore, if Del Taco or its affiliates provide site development services, the franchisee may be required to pay a site development fee of up to $50,000 for the work completed, in addition to out-of-pocket and internal overhead costs. This fee is non-refundable and must be paid before the services are performed. The franchisee is also responsible for adapting the standard specifications to the Restaurant location, subject to Del Taco's approval, ensuring that the plans and specifications conform to Del Taco's general criteria.