For a Dq Treat franchise, who is responsible for including all items in the construction bid?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4. Acknowledgment: The undersigned acknowledges that ADQ's obligation under this agreement shall be limited to providing construction consultation services in concert with the project's selected general contractor and architect for the construction of, and installation of equipment, in the restaurant. ADQ is not responsible for the actual construction of the restaurant, installation of equipment therein, delays in construction, construction or architectural errors or omissions, cost overruns, change orders or any consequential costs, expenses, injuries or damages arising out of or relating to any of those events or conditions, or to the actual construction of, or installation of equipment in the restaurant. ADQ will not provide construction consultation services on projects that are not under contract with, and
under the supervision and control of, a general contractor licensed to work in the city and state where the project is located. Furthermore, the Licensee understands that the scope of services to be provided are specifically limited to those that are described in the attached Exhibit "A" and are not intended to provide a "turn-key" service to the Licensee. ADQ is not responsible for ensuring that the restaurant to be constructed complies with building standards or legal requirements, including, but not limited to, architectural, structural, mechanical, electrical, accessibility (including without limitation those under the Americans with Disabilities Act), and other standards.
Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
According to the 2025 Dq Treat FDD, the franchisee is ultimately responsible for ensuring the restaurant complies with all building standards and legal requirements. While Dq Treat offers construction consultation services, their obligation is limited to providing these services in conjunction with the project's general contractor and architect.
Dq Treat is not responsible for the actual construction, equipment installation, construction delays, errors or omissions by the contractor/architect, cost overruns, or ensuring compliance with building codes and legal requirements such as architectural, structural, mechanical, electrical, and accessibility standards, including those under the Americans with Disabilities Act.
The FDD makes it clear that Dq Treat does not offer a "turn-key" service. The franchisee must work with a licensed general contractor who is responsible for the construction and installation of equipment. The franchisee carries the responsibility of ensuring that the restaurant adheres to all applicable standards and legal requirements.
Therefore, it is crucial for a prospective Dq Treat franchisee to carefully select a qualified and experienced general contractor and architect. The franchisee should also actively participate in the construction process to ensure all necessary items are included in the construction bid and that the project meets all required standards and regulations.