What is the process for a Del Taco franchisee to obtain approval for final construction plans?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
After having obtained such approvals and clearances, Franchisee shall submit to Del Taco, for Del Taco's approval, final plans for construction based upon the preliminary plans and specifications.
Del Taco's review and approval of plans shall be limited to review of such plans to assess compliance with Del Taco's design standards for Restaurants.
Once approved by Del Taco, such final plans shall not thereafter be changed or modified without the prior written permission of Del Taco.
Any such change made without Del Taco's prior written permission shall constitute a material default under this Agreement and Del Taco may withhold its authorization to open the Restaurant for business until the unauthorized change is rectified (or reversed) to Del Taco's reasonable satisfaction.
- 5.2.4 Franchisee shall obtain all permits and certifications required for the lawful construction and operation of the Restaurant and shall certify in writing to Del Taco that all such permits and certifications have been obtained.
Franchisee shall provide copies of all such permits and certificates to Del Taco within ten (10) days of Del Taco's request for same.
- 5.2.5 Franchisee shall employ a qualified licensed general contractor who is acceptable to Del Taco to construct the Restaurant and to complete all improvements.
Franchisee shall obtain and maintain in force during the entire period of construction the insurance required under Section 11 below; and Franchisee shall deliver to Del Taco such proof of such insurance as Del Taco shall require.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to the 2025 Del Taco Franchise Disclosure Document, the franchisee is responsible for several steps to get final construction plans approved. First, the franchisee must comply with all federal, state, and local laws, codes, and regulations, including ADA provisions, at their own expense, regarding the restaurant's construction, design, and operation. The franchisee must also secure all necessary zoning classifications and clearances required by local laws or due to restrictive covenants related to their location.
After obtaining these approvals and clearances, the franchisee must submit final construction plans to Del Taco for approval. These plans should be based on preliminary plans and specifications. Del Taco's review is limited to assessing compliance with their design standards for restaurants. Once Del Taco approves the final plans, any changes or modifications require Del Taco's prior written permission. Making changes without this permission constitutes a material default, and Del Taco can withhold authorization to open the restaurant until the unauthorized changes are rectified to their satisfaction.
The franchisee is also responsible for obtaining all permits and certifications required for the lawful construction and operation of the restaurant and must certify in writing to Del Taco that they have obtained these. Copies of all permits and certificates must be provided to Del Taco within ten days of their request. Additionally, the franchisee must employ a qualified, licensed general contractor acceptable to Del Taco to construct the restaurant and complete all improvements. The franchisee must also maintain the required insurance during the entire construction period and provide proof of insurance to Del Taco as requested.